fasi25

Hello Every One

I have submitted my EEA-FP application on 29th of May 2015. I have attached these documents.

Documents Check List
1- EU National Italian Passport Copy (I tried to submit original Passport but they refused to take original EU Passport)
2- Green Card Copy (USA Permanent Resident Card)
3- Pakistani Passport and ID Copies
4- Covering Letter
5- Air Plane tickets (Evidence of travel from USA)
6- My Wife’s U.S.A Bank Statement
7- My Covering letter
8- My Original Passport (Current and Previous)
9- Wedding Ceremony and Wedding Anniversary Invitation card
10- Wedding and Casual photographs (Evidence of togetherness)
11- Original Pakistani Marriage Certificate In Urdu and In English Translation (certify by Foreign Affairs)
12- Computerized International Marriage certificate Original (certify by Foreign Affairs)
13- Printed and signed VAF5 application form for EEA family Permit.
14- My bank statement
15- My passport size colour photographs (white back ground)
16- Online Conversational Records (Evidence of togetherness)


is that enough to support my application. I have doubt on one thing that they were asking prove that she is living with me right now and I didn't how to prove it as she is with me right now.

regards

fasi

SanDiegogirl

Your wife can't be living with you right now as she lives in the US doesn't she?

She is just visiting I would presume?

Hence you cannot show proof of living together as you never have.

fasi25

Hi SanDiegogirl

thanks for your reply.

yes you are right. but she is permanently move with me right now and she is living with me right now.

I applied for the ID card with my name and address but it takes times thats why I submit all other documents with new application.

could you please guide me what things should I send in proof of living again in case if visa not approved.

many thanks in advance.

SanDiegogirl

Easiest would be to live together in your own accommodation, paying bills, joint bank account, using utilities as man and wife for several months and then re-apply.

fasi25

Hi

I got email today that my passport will return to the visa application center today so hopefully tomorrow i will get my passport. I just wanted to confirm that I only got 1 email from home office is that I did not get visa. as I follow the forums and many people says who got 2 emails from home office they got the visa, very tensed any idea .

regards

Muhammad Faisal

fasi25

Hello Everyone,

I got my application today and I got refusal. very strange decision I found on letter. I shared this decision to a lawyer and he said that this decision is not justifiable. last time they refuse saying that my marriage is "Marriage of a Convenience" today the decision is strange. I don't know much about EU rules according to this decision can any body lighten there experience and guide me what to do next and what supporting documents should I submit with the next application.

this is the decision as it is written as I got on paper even full stop and capital letters are same as written in the letter.

Notice of Immigration Decision
You have indicated that you have completed a marriage contract with your spouse, who also has Italian nationality, on 10th May 2014 in Karachi in Pakistan. You now wish to travel with or join your spouse in the UK. You have provided bank statements and residency permits for your spouse showing that she is normally and ordinarily resident in the USA and has been for a considerable number of years. There is no evidence or information provided now to show that your spouse has ever in the UK, utilising her Italian nationality, or that she has made satisfactory arrangements to do so now.

In view of all this I am not satisfied that I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with regulation 6 of the immigration (European Economic Area) Regulations 2006, or that she will be accompanying you to the UK within 6 months of the date of the application, in accordance with Regulation 12(a) of the immigration (European Economic Area) Regulations 2006.
I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (European Economic Area) Regulations 2006.
I have also considered whether your application raises any exceptional circumstances which, consistent with the right to respect for family life contain in Article 8 of the European Convention on Human Rights, warrant consideration by the Secretary of State of a grant of entry clearance to come to the United Kingdom outside the requirements of the Immigration Rules. I am satisfied that it does not, as know circumstances that could be seen to be exceptional have been identified or put forward now. In any event I note that family life can be maintained by visits, utilizing third countries if considered necessary and is a qualified right balanced against the need to maintain effective immigration and border control. Your application does not fall for the grant of entry clearance outside the Rules.


many thanks

regards

fasi

not2old

edited by not2old since first posted

nothing more to add to this

the following highlighted from the response above does not make any sense ......

Notice of Immigration Decision

You have indicated that you have completed a marriage contract with your spouse, who also has Italian nationality, on 10th May 2014 in Karachi in Pakistan. You now wish to travel with or join your spouse in the UK. You have provided bank statements and residency permits for your spouse showing that she is normally and ordinarily resident in the USA and has been for a considerable number of years. There is no evidence or information provided now to show that your spouse has ever in the UK, utilising her Italian nationality, or that she has made satisfactory arrangements to do so now.

In view of all this I am not satisfied that I am, therefore, not satisfied that your EEA national family member is residing in the UK in accordance with regulation 6 of the immigration (European Economic Area) Regulations 2006, or that she will be accompanying you to the UK within 6 months of the date of the application, in accordance with Regulation 12(a) of the immigration (European Economic Area) Regulations 2006.


I therefore refuse your EEA Family Permit application because I am not satisfied that you meet all of the requirements of regulation 12 of the Immigration (European Economic Area) Regulations 2006.



I have also considered whether your application raises any exceptional circumstances which, consistent with the right to respect for family life contain in Article 8 of the European Convention on Human Rights, warrant consideration by the Secretary of State of a grant of entry clearance to come to the United Kingdom outside the requirements of the Immigration Rules. I am satisfied that it does not, as know circumstances that could be seen to be exceptional have been identified or put forward now. In any event I note that family life can be maintained by visits, utilizing third countries if considered necessary and is a qualified right balanced against the need to maintain effective immigration and border control. Your application does not fall for the grant of entry clearance outside the Rules.

SanDiegogirl

You have not shown that your wife (who has never visited the UK, and has lived and studied in the US for a number of years) is intending to live in the UK and exercise her treaty rights as an EEA national.

The authorities are still not convinced you have anything but a marriage of convenience.

Why not go and live in the US? Your wife can sponsor you.

fasi25

Hi SanDiegogirl,

this is not marriage of convenience I already proved with my documents which they required it so at this time do confuse people by saying marriage of convenience.

now answer me some question,

1- if a European national is not educated and he do not have any degree but he/she have EU nationality is that EU law says that she/he can't live or apply for UK visa.

2- where in EU law saying that if you have USA nationality then you do not need to apply for UK or you don't have rights to live in UK.

3- when documents they required in first decision and I completed all the documents then why they came in very strange excuse which is not justifiable.

when my wife and me both want to live in UK then why apply for USA.

I worked in UK and i was a TAX payer in UK. I worked with professional IT companies. why should I or my wife only going to use UK treaty rights.


can you please show me where it is written in EU or EEA laws that who want to apply for EEA-FP she/he must travel first UK her self then her spouse can apply for EEA-FP. can you please show me any thing like that in documents Gov.UK.

thanks

regards

fasi

not2old

let me jump back in on this

You've been refused an FP visa according to what you posted above, and you mentioned you've been to a lawyer.

My suggestion to you going forward is to seek legal advice to deal with it, because IMO you wont find the answers to your visa refusal here.

formula

Some changes did come in for EUs in April that now affect whether they are allowed to remain in the UK even if they had been in the UK for years and the end of free NHS for a lot of others who are allowed to remain and used to be able to get free NHS. As well as changes for many non-EUs already on visas in the UK.

New immigration rules to be announced in the Autumn and more soon after that on the back of the review be carried out for the newly formed Immigration Taskforce that Cameron chairs. Doesn't matter when the UK announces more EEA changes or welfare changes because they are retrospective and they are always applied to those already in the country.

This month, out of the blue, the UK has raised the points level for a work visas and many are on hold, won't get their extension to remain/entry visa because the minimum salary jumped from just under 21kpa to 43k+ required. This could be done under exisiting immigration rules the UK put in place in 2010.

SanDiegogirl

Agree....... I think we have done this OP's situation to death.