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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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Hi my husband is Albanian and I am English (I have an Irish

Resolved Question:

Hi my husband is Albanian and I am English (I have an Irish passport as my mum applied for one for me as my parents are irish but I was born in English and lived here all my life).

me and my husband have been together for 1 year now and we are currently waiting the arrival of our first chid in 2 months time.

His visa ran out at the end of December 2013 and about 2 months ago we applied for an EEA2 application through his solicitor. we only got married a month ago so we didn't supply passports and marriage certificate straightaway.

we sent the marriage certificate and passports to the home office about 3 weeks ago and his solicitor received this response two days ago:

"A decision was made on your client's application prior to you sending an EEA national passport, a non EEA national passport and UK marriage certificate to this department As the decision was correct at the time of consideration, I would like to invite your client to submit a fresh application.

The decision to refuse your client was made with no right of appeal in line with regulation 26 of the immigration (EEA) regulations 2006, therefore I suggest your client submit a fresh application as a spouse of an EEA national ensuring all relevant documents and evidence are submitted, including the fee"

my husband and the solicitor submitted the fresh application together two days ago, however, I feel this will definitely get refused as my salary does not meet the threshold I have been reading about and I only earn £14,500 a year.

I just need some truthful advice as I am very worried for me and my family now.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

As you hold an Irish passport, the income threshold rules do not apply to you as you are an EEA national and the Home Office letter explains that a fresh application should be made with both your passport and his and the marriage certificate.

Hope this helps
Customer: replied 3 years ago.

That does help thanks but do you think that it will be granted?

Expert:  UKSolicitorJA replied 3 years ago.
Yes, if the marriage is genuine and not of convenience.

Hope this clarifies. Please take a second to rate the answer
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