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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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Dear Sir or Madam, I just found this web site, when searching

Resolved Question:

Dear Sir or Madam,
I just found this web site, when searching for more information to help my desperate situation...

I have been given 4 days to leave the country or be deported.

I came from Bangladesh to the UK in August 2003 (age 17) for higher education. I got married in March 2007 to EEA national and got separated from my wife in July 2010 as she became pregnant with somebody else. We just filed for divorce at the beginning of March 2014.
Despite this I have always kept in touch with my wife over the phone, emails and in person and although she left the country for few months to give birth, she now settled in the same road I live in and we see each other on nearly daily bases and I am involved in her child's life. In fact my name is XXXXX XXXXX Tenancy Agreement as she wouldn't be accepted by the agency by herself for credit purpose.

I met my girlfriend in December 2010 - and got more involved with her from about May 2011. She is moving around a lot for her job and stays with me quite often but has been registered in her place for the past five years.

I applied for a Permanent Residence Card as a family member of an EEA national in June 2013 but got refused because:
- I have failed to provide a valid passport as evidence of identity (on my solicitor's advice! I didn't renew it as she said it was OK to provide expired passport)

- My marriage was found to be a "Marriage of convenience" and "engineered to gain leave in the UK" - based on one person's report when the Immigration paid us a visit at 6am on 16 December 2009 and found my girlfriend instead of my wife in my bed...

As a result I received a Revocation Of a Residence Card and have been ordered to leave the country within 10 days (only 4 left due to my solicitor's incompetence as she failed to call me immediately after receiving the letter and instead she only dropped me an email on Friday afternoon saying my application has been refused...!)

I absolutely refuse the allegation that my marriage has been engineered sham marriage!

The report from the immigration visit is a complete nonsense with many errors starting right from the outset of description how they entered my property, the claim that I gave my consent to allow the officer to enter my premises, which was recorded when I signed their pocket notebook - I did sign something but I was not explained what that was or that I had the option not to let them in or talk to them.
My girlfriend's name was not spelled correctly and there was a miscalculation between when I got married and when I got involved with another woman.

There is a problem though as my girlfriend stated that we have been together for about 4 years and she said she wasn't aware that I was married to my wife. Although she new I was married in past she didn't know I was still married as I told her we got divorced already (for obvious reasons).
As she later said she was confused and scared as nobody explained the purpose of the 6 am ambush and there was a misunderstanding due to language barrier.

The report from the visit seems to completely take my girlfriend's word (whom name is XXXXX XXXXX stated correctly and has never been associated with my address) as a fact, where whatever I said was not given any consideration and I was portrayed as a liar. Since when are immigrant not allowed to have lovers while married?! - Could this be considered a racial discrimination against myself?

How is it possible nobody contacted my still lawful wife for a statement?
Why was our marriage certificate returned to us (when the marriage was proclaimed as sham) and what are we supposed to do with it?
How come my wife got her Permanent Residency Card within a month and my one was refused even though we have applied as a couple?
How is it possible that my wife only received her passport together with her Pemanent Residency Card - 8 months AFTER the decision letter date?!

I have support materials proving we have been in a relationship before marriage (photographs, emails)
I have visited my wife's family in the Czech Republic several times before and during our marriage.
I became my wife's nephew Godfather on his christening taking place in a church - this is before our marriage (photographed and in official documents)
My wife used MY bank account for her wages. - So practically she was giving me money, when there was never a payment made to her.
I have photographs with her family members and herself when she was pregnant....

I would much appreciate any suggestions of what my next step should be and on what grounds do you think I should re-apply to be able to stay in the UK.

Many thanks for taking the time to read through this.

Yours faithfully
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question.

I note that you have contacted your solicitor have you contacted them since you have been asked to leave the country? What did they say?

Kind regards
Customer: replied 2 years ago.

I am not much confident in my solicitor's advice as she hasn't given me much support as expected.

On her advice I applied for the Residence Card with an expired passport - one or the reasons I was refused and on her advice I didn't divorce earlier even though we were separated.



She will appeal against the decision.

She is now saying we should get divorced and try to apply again on different grounds?


Many thanks


Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

Just to clarify and sum up all the points,

1. You married your wife in 2007 , separated in 2010 and are now in the Divorce process.

2. You have been with your partner since 2010

3. You applied for permanent residency in 2013, your application was refused and your partners accepted.

Now your application has been refused you are being asked to leave the UK. Have you been given a right to appeal? What nationality is your wife?

Kind regards
Customer: replied 2 years ago.

1. Married to my Czech wife in March 2007, separated July 2010, in divorce process


2. I have been with my girlfriend (lover) since 2011 but not officially lived together


3. Correct - my application was refused, while my wife's application accepted. We applied at the same time


4. My application has been refused and the letter says:

"You do not have a basis of stay in the UK under the Immigration (European Economic Area) Regulations 2006.
As you appear to have no alternative basis of stay in the United Kingdom you should now make arrangements to leave. If you fail to make a voluntary departure a separate decision may be made at a later date to enforce your removal from the United Kingdom. Any such decision and associated appeal rights would be notified separately.

You are entitled to appeal against this decision under section 82 of the nationality Immigration an Asylum Act 2002 and Regulation 26 of the Immigration (EEA) Regulations 2006.

The appeal must be made on one or more of the following grounds:

- That the decision is not in accordance with immigration rules

- that the decision is unlawful because it racially discriminates against you

- that the decision breaches rights which you have as a member of an EEA national's family under community Treaties relating to entry to or residence in the UK

- that a discretion under the immigration rules should have been exercised differently

- that the decision is otherwise not in accordance with the law"


"If you consider that you have a right to reside in the UK ... you may alternatively wish to submit a further application."


Many thanks


Expert:  UK_Lawyer replied 2 years ago.
Thank you for your detailed reply.

Having now gone through the facts I am able to give a you a response to your initial questions.

1. In respect of you having an extra marital relationship, this issue I believe does not have anything to do with you being a migrant, but everything to do with what the home office think about you being in a relationship with your wife.

What happened is that when you apply for permanent residency, you must still be in a subsisting relationship with your partner, if at the time of application you were not in a subsisting relationship and was actually with another women then you should not have submitted your application jointly but should have submitted your application separately AFTER divorcing your partner.

What you should have applied for is retained rights of residence under the EEA regulations, which means that even though you have divorced from your partner you would still retain rights to remain in the UK if you had been married to your partner for at least 3 years and she was exercising treaty rights in the UK. The application for retained rights of residence would have been most suited in your cased and you should have divorced your wife before applying. This would have given you a right to remain in the UK on YOUR OWN basis and not on the basis of your wife.

2. Regarding contacting your wife, if there is no denying that you were with another women at the time the home office entered the premises and you have stated that you have been in a relationship with her since 2011, regardless if the home office contacted your wife or not, your relationship with her had broken down and therefore any application you made with her jointly on the basis that your relationship is still subsisting would have been incorrect.

3. If you step back and view your application from a distance it makes sense that the home office thinks it was a sham married because you were clearly not with your at the time of submitting an application for permanent residency, the home office would think that you have tried to facilitate your stay in the UK.

Had you divorced your wife earlier and then submitted an application for retained rights of residence there would have been no doubting the legitimacy of your application or your marriage. However, having said that I believe that upon appeal you would be able to prove to the judge that it was a legitimate marriage, due to the evidence you submitted, but the question will still arise that why did you submit an application jointly at the time when you had separated from your partner.

4. Your wife's application has no attachment to whether your visa is granted or not, this because you are a non eea national and your wife is an eea national therefore her grounds for permanent residency are different to yours. Your basis of applying for permanent residency is that you are married to your wife and in a subsisting relationship for 5 years. Whereas your wife would need to ensure that she is exercising treaty rights ie working, studying, self-sufficient etc in the UK for 5 continuous years. That is why your wife was issued with a residence permit and you were not.

5. I believe that your wife was sent her passport and card late due to the fact that there was still investigation being undertaken regarding your application and until they had decided this they could not return your passport or your partner's passport.

In respect of what happens now you can try and appeal the decision , but on the basis of what you have stated it does seem like the home office made the correct decision in refusing your application. The fact is that at the time of application you were not in a relationship with your wife but with your girl friend which means that if you had stated that you were in relationship with your wife you were stating something that was incorrect and false.

You are in a difficult situation at the moment, but you can appeal the decision and see if the judge grants you some sort of leave to remain in the UK. You need to state the fact that you are still in contact with your children and your would need to submit evidence that you also have a part to play in the children's life. It would then be up to the judge to decide if you should be given some sort of leave to remain in the UK.

You can alternatively apply for a residence permit on the basis of your current partner if she is also an EEA national, you should explain in this application that you were incorrectly advised regarding your application for permanent residency and that you now wish to apply on the correct basis. You partner has already confirmed to the home office that you have been in a relationship with her for at least 4 years so there would be no doubt regarding your relationship with your partner. But you need to divorce your wife first.

I hope this answers your question if so kindly rate my answer so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
Customer: replied 2 years ago.

Thank you for all the info.


I still have couple questions:


When the letter says that my marriage is believed to be one of convenience - is it the same as saying that it's been a sham marriage from the beginning?


Are they disputing the whole validity of my marriage or just a part of it? and if that's so, why was I returned the certificate?

I could have agreed on an opened marriage with my wife...



Surely everybody has a different agreement.

Some people agree to have an "opened marriage" some people live temporarily in different countries or even continents because of work. Does such marriage automatically become "invalid"?



Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply. Its a pleasure.

1. Yes, it would usually be seen as a sham marriage as they believe that you married to facilitate your residency in the UK.

2. They are not saying that the marriage is not valid, because it is as you were granted a residency permit initially, that is why they have returned your marriage certificate. But what they are saying is that your motive for marriage was to help you reside in the UK and not because you and your partner were a genuine married couple.

3. Although I agree with your last point, it would make it very difficult to have an open marriage if you wish to rely on the basis of married to obtain residency in the UK. What you had was an extra marital relationship in the UK and that is indicative of the fact that your marriage is not subsisting ( which you have stated that it is not) therefore regardless of it being an open marriage at the time of application you were not in a subsisting relationship with your wife and this is why the application was refused.

I hope this answers your question if so kindly rate my answer so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience: I am a qualified solicitor and an expert in UK law.
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