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?
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."
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"?