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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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i applied for an eea family permit for my wife and when she

Customer Question

i applied for an eea family permit for my wife and when she entered i applied for 5 years to which she was refused based on the the same marriage certificate she used in applying in a british high commission.The ukba says that the statutory declaration did not show our place of residence at that time. Also me the sponsor didn't swow that i am a Ghanaian as the marriage was by proxy.I have appealed against the decision hwever i want expect advice as to how i should go about it.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

If your marriage is genuine and valid under the law of the country where it took place, it should be recognised in the UK.

As the British High Commission has already accepted the marriage certificate and issued an EEA Family Permit, then I do not see why the Residence Card should be an issue.

As long as you are in a genuine marriage and the EEA national is exercising treaty rights in the UK, the non EEA national has the right to reside in the UK, whether or not a Residence card is issued.

As you have already appealed against the refusal, you should address the refusal points e.g. make a statutory declaration showing the place of residence etc.

Hope this helps