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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Iam married with a Norwegian citizen. I applied residence

Customer Question

Iam married with a Norwegian citizen. I applied for a residence card in UK, I was rejected from Home Office.The NOTICE OF IMMIGRATION DECISION states that:
Your application has been assessed and it has been noted that you have failed to provide any proof that you are the family member of an EEA national, therefore you have failed to meet the criteria as set out in regulation 17(1) (a) of Immigration (EEA) Regulation 2006.
17.—(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 on application and production of—
(a)a valid passport; and
(b)proof that the applicant is such a family member.
The REASONS FOR REFUSAL LETTER Home Office states that:
Your application has been assessed and it has been noted that you have failed to provide any proof that you are the family member of an EEA national, therefore you have failed to meet the criteria as set out in regulation 17(1) (b) of Immigration (EEA) Regulation 2006. In making the decision to refuse your application consideration has been given to the following :
• EEA 2 Application
• ARC card
• Norway passport, returned to applicant
• wick & Co Solicitors, no longer representative
Our marriage certificate has not been taken into consideration that I submitted with EEA2 application and questionnaire, not either all the documents and picture. Please help me with any advice how I "can defend myself" you can see clearly that the Home Office has given me a vague and unfair decision. How can I provide details of the grounds for my appeal. As you can see that Home office wrote first in the Notice of Decision regulation 17(1)(a), then in the Reason for Refusal letter regulation 17(1)(b)
With best regards
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi, I assume you are in the UK,What nationality are you please?Did you apply for an EEA family permit from your home country first, or were you already in the UK?Kind regards,Tom
Customer: replied 1 year ago.

I live with my wife in UK, and I have applied from the UK. I am Jordanian citizen.I am Jordanian citizen, I have lived with my wife since June 2014. My wife works and we have submitted all payslips, confirmation of where we live. We got married in UK and we have marriage certificate from UK

Expert:  Thomas replied 1 year ago.
Thank you. Did you submit your wife's passport?Did you submit your own passport?
Customer: replied 1 year ago.

Yes I submit my wife's passport, and my passport. We have submited everything they need

Expert:  Thomas replied 1 year ago.
Hi, Can you please stop rating my answer negatively. Obviously, I have not provided my full answer yet and my questions are simply requests for information. Please rate once I have actually answered and not before.Tom
Expert:  Thomas replied 1 year ago.
Thanks. Drafting your answer now. 5 mins please.
Expert:  Thomas replied 1 year ago.
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you. If you have submit all the documents that you have stated and evidence that you are living together as a married couple then the decision is very odd.If you have not received a right to appeal and you are satisfied that you have submitted all the documentation that you have stated and also proof that you live together, then you should request a “reconsideration” of the decision stating that you believe that the immigration rules have been incorrectly applied to the evidence that you have submitted.The home office will then check the evidence that you have submitted and if it is clear that the evidence has not been taken in to consideration then they will reconsider and approve the application if your evidence proves that you are married to an EEA national (ie. Norwegian citizen) who is in the UK exercising their treaty rights. They will then issue the residence card to you.If you have a right of appeal state in your refusal letter then your options are:{C}1. {C}To appeal the decision citing that you consider the law has been incorrectly applied to your evidence submitted. The drawback with this is that it will likely take about 3-5 months in order to actually hear the appeal, although if you send your grounds of appeal the home office will generally check them against the application and if there is a case of clear error they will approve the application and withdraw{C}2. {C}To request your documents are returned and submit a new application with the same evidence and more, but also with detailed statements sworn in front of a solicitor referring to the evidence and setting out the chronology of your marriage and recent time in the UK. This would likely be quicker than an appeal but I appreciate it’s frustrating. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7590
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much Tom




I apologize for rating you early, I misunderstood your system. I hope you accept my apology. I find it strange that we got refused and that they have not taken our marriage certificate into consideration. They have called my wife's employer to check whether she works. They have sent us a questionnaire and we delivered it with even more evidence. A week later we get refusal and they sent us all the documents back.

Expert:  Thomas replied 1 year ago.
Hi, If they have sent all your documents back without a right of appeal then probably a new application would be the quickest way forward. I would consider gathering all your evidence with the application and arranging for a consultation with a local immigration solicitor just to confirm that the evidence is adequate and then submit a new application with a pair of statements from you both explaining your marriage chronology and also a letter from her employer (in addition to other employment docs - payslips, tax records, contract of employment) confirming that she is still employed by them. Kind regards,Tom
Customer: replied 1 year ago.

Thank you agian.We have got right to appeal, but it will take time as you have mentioned. We are trying to do everything because Home Office decision is based on unclear reason. I can not understand how they have not seen all the documents.

In Home Office decision to refuse my application they say consideration has been given to the following:



  • EEA 2 Application – We can not understand what proof is missing ?

  • ARC card – what is the relevance of this?

  • Norway passport, returned to applicant – my wife went to visit a sick family member an is now back in the UK. It is obviously valid.

  • Wick & Co Solicitors, no longer representative – how is this relevant?


Its so strange

Expert:  Thomas replied 1 year ago.

It is strange.

 

I cannot really comment on what type of mistake they have made because I am as surprised as you assuming that all your documents were submitted.


Either way, it does not really change the fact that a new application is probably the best way forward, but by having a consultation for a fixed fee with a local immigration solicitor first.

Toim

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