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My Eea2 Application Refused


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#1 matthewolu

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Posted 05 August 2011 - 02:22 AM

HI there

my new eea2 application has now been decided up and the result was not favourable.

reason:

you have submitted a marriage certificate dated ....March 2009 from your wedding conducted at ........... On this document both you and your spouse residential address is at ................., London however, our records for your spouse commence from ........December 2001 and show her residing in Leeds and never in London. You have never provided any evidence that your spouse was residing London at the time of your marriage and therefore doubts have been raised over the authenticity of your relationship.

Therefore on this occasion, your application for a resident card has been refused on the ground that you have not provided evidence in the form of:
A correctly issued marriage certificate as evidence that you are related as claimed to an EEA national.

If you consider that you have right to reside in the UK as a matter of EU law and are in a position to submit the necessary information to support your application for a residence card as recognition of the right, you may wish to submit a further application.

...............Your documents have been retained and your responsibility for your case have now been passed to your regional case ownership unit/local immigration team. You may contact them on mon-through Fri (time)...by phone no......discuss your departure from the UK.

(My passport and Marriage Certificate withheld).

My Remark:
To me, this is purely an abuse of power as it shows that the immigration officer did not read my cover letter. It was clearly stated in the cover letter that she (my Spouse) reside in Leeds and comes to London over the weekend. After the consummation of marriage, i now relocated to Leeds to join her in order to leave as man and wife. I also explained in a greater detail were we met, how we started...etc...


My wife and i are confused.

What can I do? The letter has clearly shown that I have no right of appeal. This is the second time my EEa2 application refused. Please help me.

Edited by matthewolu, 05 August 2011 - 02:24 AM.




#2 Victoria

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Posted 05 August 2011 - 07:44 AM

I think I'd try lodging an appeal anyway, as I don't think their reasons for not allowing an appeal are legitimate.

#3 matthewolu

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Posted 05 August 2011 - 08:03 AM

I think I'd try lodging an appeal anyway, as I don't think their reasons for not allowing an appeal are legitimate.


thanks Victoria; is reporting to solvit would be a good option?

#4 Victoria

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Posted 05 August 2011 - 08:23 AM

You can do this as well.

#5 Mutly

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Posted 05 August 2011 - 11:01 AM

Therefore on this occasion, your application for a resident card has been refused on the ground that you have not provided evidence in the form of:
A correctly issued marriage certificate as evidence that you are related as claimed to an EEA national.


So one United Kingdom authority is refusing to accept a marriage certificate correctly issued by another United Kingdom authority on the basis that the address on the mariage certificate is not what the HO thinks it should be. This is ridiculous, especially given that the HO has overlooked your cover letter.

Retaining your marriage certificate is a clever trick, there is no right of appeal when a family relationship to the EEA national is not shown. However it is shown by a valid marriage certifiate issued by the responsible United Kingdom authority, your marriage is legal. (You can get another marriage certificate from the registrar.)

Therefore you can appeal but the HO is making it difficult to show the right of appeal. You can also reapply immediately, saying that your cover letter was not read, enclosing it again, and saying that your passport and marriage certificate are already with the HO, say where they have been sent.

You can also say that no evidence of a sham marriage was provided by the HO. (For this reason you can involve Solvit and report the matter to the European Comission and involve your MP and inform the HO that you have done all three. If you can prove any losses for the period without residence documentation, for eample employment ceases, you can threaten to sue.)
The burden of proof is on the HO to show a sham marriage and you have explained the difference between the two addresses. Therefore you should see an advisor before proceeding, in particular about what other documents were sent with the application. Were the utility bills you submitted joint names and/or for the same address? Were they mentioned? Did the HO mention the photos?

Also, have they now accepted that your wife is self-employed and were the issues with her previous WRS registration mentioned?

Basically the refusal is illegal, unfortunately you need to show it on appeal or with a new application. Both should be done, as the appeal may take time and if an advisor assists with a new application mentioning the above factors there is always a chance that the HO changes their minds and processes it correctly. If not, the appeal would be pending.

#6 matthewolu

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Posted 22 August 2011 - 08:20 AM


Therefore on this occasion, your application for a resident card has been refused on the ground that you have not provided evidence in the form of:
A correctly issued marriage certificate as evidence that you are related as claimed to an EEA national.


So one United Kingdom authority is refusing to accept a marriage certificate correctly issued by another United Kingdom authority on the basis that the address on the mariage certificate is not what the HO thinks it should be. This is ridiculous, especially given that the HO has overlooked your cover letter.

Retaining your marriage certificate is a clever trick, there is no right of appeal when a family relationship to the EEA national is not shown. However it is shown by a valid marriage certifiate issued by the responsible United Kingdom authority, your marriage is legal. (You can get another marriage certificate from the registrar.)

Therefore you can appeal but the HO is making it difficult to show the right of appeal. You can also reapply immediately, saying that your cover letter was not read, enclosing it again, and saying that your passport and marriage certificate are already with the HO, say where they have been sent.

You can also say that no evidence of a sham marriage was provided by the HO. (For this reason you can involve Solvit and report the matter to the European Comission and involve your MP and inform the HO that you have done all three. If you can prove any losses for the period without residence documentation, for eample employment ceases, you can threaten to sue.)
The burden of proof is on the HO to show a sham marriage and you have explained the difference between the two addresses. Therefore you should see an advisor before proceeding, in particular about what other documents were sent with the application. Were the utility bills you submitted joint names and/or for the same address? Were they mentioned? Did the HO mention the photos?

Also, have they now accepted that your wife is self-employed and were the issues with her previous WRS registration mentioned?

Basically the refusal is illegal, unfortunately you need to show it on appeal or with a new application. Both should be done, as the appeal may take time and if an advisor assists with a new application mentioning the above factors there is always a chance that the HO changes their minds and processes it correctly. If not, the appeal would be pending.



Dear all

my solicitor has written the UKBA -the officer that refused for a review on (Articule 8) ground. We are still awaiting a response.

However, my wife has complained to Solvit, European Union Legal team that handles the application of Directive 2004/38/EC by the EU Member States and MP.

I have just been taken for a job but am afraid to start because I think COA is no more covering me- what should I do?

My solicitor said a new application is not needful at this time because the refusal is illegal.

The Priest that officiated my marriage has written a letter confirming that he solemnised my wedding under the Bishop's licence and also I am a worshipper at the church before and after my marriage and another copy of the marriage has also been re-issued to me. All these has accompanied my solicitors letter of review.

I am thinking of reporting to the ombudsman services as well. Please advise me on these.

Edited by matthewolu, 22 August 2011 - 08:25 AM.


#7 Mutly

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Posted 22 August 2011 - 10:29 AM

As you have a solicitor and your MP involved there is not much more you could to at this stage, do discuss appeal with the solicitor too and that you did submit a valid marriage certificate so the refual reason is invalid.

It seems the HO did not dispute that your wife is exercising treaty rights in the UK? Therefore and as you are legally married and you can prove it, any employment is legal.

If you are prevented from working due to a lack of documentation after the COA expires and if no residence card has been issued after six months from application, discuss the possibility of compensation with your solicitor as there appeared not to be any basis to refuse the application.

#8 matthewolu

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Posted 13 November 2012 - 11:38 PM

In my immigration matter, I was refused twice and my second refusal was without right of appeal. I did report to the SOLVIT and i officially complain to the EC eventually, i was given a right of appeal about 7 months owing to interventions from the various parties.

In a different reason for my refusal, my marriage was categorised as marriage of convenience.

I lost my first appeal because the Judge felt that my spouse can not speak English and he is of opinion that there would be difficulty in communication with her. The Judge made error in law and I wrote for a reconsideration but was rejected.

Now i wish to pursue my right further, i just want to know after i have exhaust my appeal right what next?

IS IT A JUDICIAL REVIEW OR A HIGH COURT?

My wife and I have been discriminated against.

The Judge said my wife and I could go to any other country to continue enjoying our marriage together if its genuine.

The ECofHR wants my spouse and i to exhaust the national judicial system's remedy before bringing it to the ECHR.

My marriage has produced a child and my wife is currently on maternity leave. The judge said she is not currently working and maternity leave is not part of ways of her exercising her treaty right.

I spoke with an Immigration officer, who told me that I should voluntarily leave UK or I might be detained.

I really want to fight for my right.

Edited by matthewolu, 13 November 2012 - 11:42 PM.


#9 Victoria

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Posted 13 November 2012 - 11:40 PM

Get a solicitor. An immigration officer won't help you.

#10 matthewolu

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Posted 15 November 2012 - 03:49 AM

Please can any one tell me these information?

1 After appeal in the First-tier and Upper Tribunal has been exhausted what next?
2 How can my matter be heard in ECJ?
3 How can I sue the UK Authority for Libel which has caused harm to my relationship?




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