my EEA family permit refused. I can't believe. the refusal reason is saying below;

“In considering your application for an EEA family permit I have noted the following regarding your previous immigration history; you initially arrived in the UK on 27/09/08 with entry clearance as a student valid until 31/0?/2010. On 28/12/09 you made an application to the Home Office for further leave to remain as a student however that application was refused on 13/07/10 and the subsequent appeal was dismissed. You were notified of this decision on 10/09/10. On 02/04/2011 you made a voluntary departure at your own expense from the UK. You have failed to provide a satisfactory explanation why you did not leave UK following the dismissal of your appeal.

I have further noted that following your departure on 02/04/11 you married your spouse in India 05/04/11. You submitted your application for an EEA family permit on 08/04/11. I have noted that you have submitted a joint tenancy agreement dated 02/10/10 and joint bank statements in support of your application however in view of your previous immigration history I am not satisfied that your marriage is not one of the convenience’’.

‘’You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.

I have refused your EEA family permit application on this occasion because I am not satisfied that you meet all the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006. This decision was made on the merits of this application and may be taken into consideration for any future UK visa or EEA family permit application that you make.

I have therefore refused your application because I am not satisfied, on the balance or probabilities, that you meet all of the requirements of the above paragraph(s) of the immigration Rules’’

I had submitted these documents below,

COMMON SUPPORTING DOCUMENTS
1. Completed signed application form
2. Passport
3. Passport size photos
4. Photo Copy of all documents submitted
5. Photo Copy of Passport
6. Marriage certificate
7. Copy of my Spouse Passport
8. Marriage photo album, old photos in the United Kingdom with my Wife, with step daughters and with friends.
9. Council tax bill during the years- 2010 and 2011
10. Main bank A/C statement that is joint account statement of me and spouse. Which have more than £4000
11. Rental agreement of the property in our names.

DOCUMENTS FROM THE SPONSOR(SPOUSE)
1. Letter from my Spouse(Sponsor)
2. Sponsors old wage slips
3. Sponsors Self Employed contract with client and invoices from the clients from her current job.
4. Letter from the current client company(employer)
5. Self employee UTR number information and National Insurance contributions information
6. Tax Calculation paper from HM Revenue & Customs.
7. Sponsors bank a/c statements and credit card statements.
8. Divorce Certificate from Ex-husband and the translation in English.
9. Daughter’s statement and passport copies.



DOCUMENTS FROM THE APPLICANT

1. Police report about house burglary
2. Employment offer letter from Double Crown Enterprises
3. Old job wage slips to prove my savings
4. Utility bills copy
5. Copy of the lost passport
6. Parents passport copies
7. Copy of bank Statements
8. Affidavit mentioning my assets and moneys
9. Land property deed in India and translation in English
10. Travelling information’s (flight tickets copy)

I am really disappointed with ECO decision. They r thinking, my marriage is one of convenience. How I can prove, it's not. we started our relationship 18 months before. I was submitted the cohabitation proof from May 2010. how they can get conclusion that my marriage is fraud?

 

I had done the appeal. ECM overturned the decision within 3 days. Now I am in UK. In airport(LHR), the immigration officer asked too many questioons but endually they granted me to enter UK. this is the letter i had send to ECM for appeal in chennai embassy.
applied for eea family permit:08th april 2011
refused:16th may 2011
appealed:30th may 2011
decision overturned:03nd june 2011
got letter and send passport by vfs:13 june 2011
visa stambed:16th june
got back passport:20th june:
reached in uk:22nd june.

the appeal letter given below;
''
Mr. xxxxxxxxxx
Xxxxxxxxxxx
Xxxxxxx
xxxxxxxxxx




Visa Section
British Deputy High Commission
20 Anderson Road
Chennai
Pin: 600006

Dear Sir/Madam,

Refusal ref no: xxxxxxxxxx

I am writing with reference to your refusal of my recent application for an EEA Family permit. I would respectfully ask that you review the merits of my application in light of the following mitigating factors and observations.

The ECO has stated his key grounds for refusing my application to be dissatisfaction with my previous immigration history and belief that my marriage is one of convenience. Furthermore, the ECO suggests that my circumstances are such that I do not qualify for a permit to join my wife in the UK under the terms of the EEA family permit regulations:

The decision

“In considering your application for an EEA family permit I have noted the following regarding your previous immigration history; you initially arrived in the UK on 27/09/08 with entry clearance as a student valid until 31/0?/2010. On 28/12/09 you made an application to the Home Office for further leave to remain as a student however that application was refused on 13/07/10 and the subsequent appeal was dismissed. You were notified of this decision on 10/09/10. On 02/04/2011 you made a voluntary departure at your own expense from the UK. You have failed to provide a satisfactory explanation why you did not leave UK following the dismissal of your appeal.

I have further noted that following your departure on 02/04/11 you married your spouse in India 05/04/11. You submitted your application for an EEA family permit on 08/04/11. I have noted that you have submitted a joint tenancy agreement dated 02/10/10 and joint bank statements in support of your application however in view of your previous immigration history I am not satisfied that your marriage is not one of the convenience’’.

‘’You have applied for admission to the United Kingdom by virtue of European Community Law as the family member of a European Economic Area national who is exercising or wishes to exercise, rights of free movement under the Treaty of Rome in the United Kingdom.

I have refused your EEA family permit application on this occasion because I am not satisfied that you meet all the requirements of Regulation 12 of the Immigration (European Economic Area) Regulations 2006. This decision was made on the merits of this application and may be taken into consideration for any future UK visa or EEA family permit application that you make.

I have therefore refused your application because I am not satisfied, on the balance or probabilities, that you meet all of the requirements of the above paragraph(s) of the immigration Rules’’

I am dismayed that the ECO has taken this view, and find his assessment of my marriage to be hurtful, as well as ungrounded. Moreover, I am not convinced of the merits of the ECO’s decision to deny my EEA family permit.

My Immigration History

The six month delay between the rejection of my application for leave to remain and my voluntary departure were due to a set of circumstances beyond my control. Firstly, I did not receive notification that my appeal for leave to remain had been rejected. To date I have not taken delivery of any correspondence detailing that decision, I was under the impression that my appeal was still under appeal. Secondly, had I been aware of the decision I would not have been able to leave immediately. On 04/08/2010 my home was burgled and my documents stolen. As I referenced in my EEA family permit application, my passport, bank documents, bank card, cheque book, certificate and other personal effects were taken; in this situation I would not have been able to re-enter India. For reference the crime number for the burglary is xxxxxxxxxx.

Had I known that my appeal for leave to remain had been rejected; I would have been unable to leave the UK for the period of time it took the Indian embassy to provide a replacement passport. Indeed, from submitting my application on 23rd November 2010 it was not until 25th March 2011, some four months later, that the new passport was issued.

My Marriage

In making his assessment of the veracity of my marriage, the ECO appears to base his judgement on an assumption that we were co-habiting only from the time we entered into the joint tenancy agreement dated 02/10/2010. The ECO seems to be intimating that we began cohabiting in October, possibly as a result of the failed application for leave to remain that was rejected in September 2010. This is to overlook the fact, as stated above, that I had not received such notification, and moreover it is to ignore the fact we had had a prior joint tenancy agreement, and had lived together from February 2010. This was stated in the EEA application, and was supported by the fact we were jointly paying Council Tax bills from May 2010.

In reality I met, and entered into a serious relationship with my wife in September 2009. We began living together from 14th February 2010, at xxxxxxxxxxxxxxxxx. Indeed, our old joint bank account statements and car insurance documents confirm that we were cohabiting at that address. In 1st May 2010 we moved to another property, xxxxxxxxxxxxxxxxx, for which we also have shared documents, and a joint tenancy agreement dated when we renewed the contract for a further 12 months. Our relationship was very well established by October 2010, we had by this time made a serious commitment to one another and had also made attempts to start a family of our own. At this time we had, in effect, been living a stable cohabiting relationship for more than 7 months and had already begun to think about marriage.

Frankly I am disappointed with the view taken by the ECO, particularly given no attempt has been made interview my wife and details of our life together have been overlooked. I can understand why the ECO might view my marriage as one of convenience, but this is to ignore our relationship before October 2010 and to focus only on our determination to be together and our decision to marry in India in April 2011.

Application for EEA Family permits

I strongly contest the decision of ECO to deny my EEA family permit application. Not only does the ECO fail to provide details and specify how I fail to meet the requirements of the immigration rules, I believe he has not applied the law correctly.

As I understand it the legislation governing applications for EEA family permits is as follows:

( http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit ),

‘’Under EUN2.1 What is an EEA family permit?

An EEA family permit is a document similar to an entry clearance which has been given the name "EEA family permit" to distinguish it from a visa or entry clearance issued under the Immigration Rules. Instead, EEA family permits are issued under the Immigration (European Economic Area) Regulations 2006 and not the Immigration Rules. It is issued for six months in all cases and is free of charge.
The ‘expiry’ date on an EEA family permit does not formally represent an expiry of EEA family member ‘status’ in the UK. If the EEA national has not travelled to the UK within 6 months of the date of application, the EEA family permit would not be considered as valid.
As long as the non-EEA family member of an EEA national continues to meet the EEA Regulations they would not be considered as having ‘overstayed’ simply because the expiry date of their EEA family permit had passed.

Under EUN2.6 Who are an EEA national’s family members?;

The family members of an EEA national (part 7 of the EEA Regulations) include:
• spouses or civil partners...

Where the applicant can show that he/she is a family member of an EEA national, an ECO must issue an EEA family permit if the requirements for issuing a family permit.

Under EUN2.18 Can I invite an applicant in for interview?

The ECO can invite an applicant in for interview as long as any delay or deferral can be justified. The ECO should consider inviting an applicant for interview in the following circumstances:

The ECO suspect is;
• Strong grounds to suspect a marriage of convenience

Under EUN2.10 What if I suspect a marriage/civil partnership of convenience?

The definition of 'spouse' and 'civil partner' in the EEA Regulations does not include someone who has entered into a marriage/civil partnership of convenience.

When a marriage/civil partnership of convenience is suspected, the burden of proof is high and rests with the ECO. However, in these cases the ECO is entitled to interview the applicant. Factors to consider include:
• an adverse immigration history;
• doubts about the validity of documentation;
• application follows soon after the marriage/civil partnership;
• no previous evidence of the relationship.
The ECO should not consider the following cases as marriages/civil partnerships of convenience where:
• there is a child of the relationship;
• there is evidence to suggest cohabitation.

‘’Cohabitation usually refers to an arrangement whereby two people decide to live together on a long term or permanent basis in an emotionally and/or sexually intimate relationship’' ‘’

Given the above statements of how the EU immigration rules are applied in the UK, as stated on the Visa authority’s website, I am neither convinced nor satisfied that my application has been handled appropriately.

Firstly, I have applied correctly for a permit to which I am entitled as the spouse of an EEA citizen. The rules state that as a member of an EEA family, the ECO must issue a permit; this has not happened owing to what appears to be the ECO’s belief that my marriage is one of convenience.

Secondly, in situations where the ECO believes a marriage is one of convenience the burden of proof lies with the ECO. The ECO has offered no direct evidence to prove that my marriage is one of convenience. Moreover, the ECO has not taken into account details of cohabitation that my wife and I provided for period from February 2010. This evidence included joint bank statements, council tax bills and a tenancy agreement albeit from October 2010, again I have provided these documents for your reference. In spite of evidence to the contrary, and without choosing to interview my wife and I, the ECO has arbitrarily decided that our marriage is bogus and withheld the permit on that basis.

In summary, it appears to me that the ECO who reviewed my case has failed to look at the full picture. By apparently focussing on my relationship with my wife from October 2010, and following the chronology forward to our subsequent marriage and application for a family visa in 8th April 2011, the ECO has readily constructed a picture of deception. Linking this to the fact that I did not leave the UK immediately upon the rejection of my application for leave to remain seems to build in the ECO’s mind a text book case of a marriage of convenience. However, in reality this is a one sided and myopic view of the facts, one that ignores the true length of our relationship, our cohabitation at two separate properties. It also overlooks the emotional connection we share that cannot be adequately captured on paper. Not only that, it fails to acknowledge that I did not receive notification that my application for leave to remain had been declined, nor that I could not have left at that time as my Indian passport had been stolen during a burglary.

I would ask that you review my application and take into account all of the supporting evidence, particularly those details that show that I was cohabiting with my future wife from February 2010. In order to facilitate this review I have provided the following documentation:

1. NOTICE OF IMMIGRATION DECISION (REFUSAL OF ENTRY CLEARNCE)

2. LIST OF FURTHER DOCUMENTS

2.1. Copy of Full Crime Report of crime no: JH/32417/2010 issued in 1st November 2010

2.2. Copy of the action took against the people who involved in house burglary.

2.3. Photos from the beginning of stable cohabiting relationship and honeymoon photos from India after marriage from September 2009 to April 2011.

2.4. The facebook public links with photos of our stable relationships from the beginnings.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

2.5. Copy of council tax from May of 2010 and new Council tax from May 2011

2.6. Copy of Notice of Intended Marriage under Special marriage act, 1954 (43 of 1954) in 02nd February of 2011.

2.7. Phone calls records between me and my spouse from February 2010
2.8. Print copy of our car insurance policy in February 2010

2.9. Copy of my a/c statements in Barclays bank from February 2010 at old address

2.10. Copy of my spouse a/c statements in HCBS bank from February 2010 old address

2.11. Copy of joint bank statement in HSBC in march 2010 at old address

2.12 Copies of joint a/c statement in HCBS bank from September 2010 to March 2011 at new address (note: Joint bank statement from HSBC between April 2010 to August 2010 was lost in house burglary)

2.13. Renewal copy of tenancy agreement from Oct 2010

2.14. Copy of water bill from July 2010 to Feb 2011 on both names.

2.14. Print copy of chat on Skype between me in India and my spouse in UK

2.16. Copy of supporting letter from RICHARD FULLER MP


Note: I haven’t received the IFFT-2 form and guidance leaflet with the refusal letter. So I have downloaded it and filled.

Reference:

Department of Welfare,
http://www.welfare.ie/EN/OperationalGui ... habit.aspx

Guidance is based on the Immigration (European Economic Area) Regulations 2006 and the Free Movement of Persons Directive 2004/38/EC
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

EEA Family Permits Guidance from UKBA website
http://www.ukvisas.gov.uk/en/ecg/eunati ... milypermit



If you need any further information, please contact me or my wife xxxxxxxxxxxxxx



Yours truly,

 

i hope this will help everybody...but im facing next step. whatz procedure for 5years resident permit/ EEA 2 application?