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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.

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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