# EEA Family permit refused - Marriage of convenience



## Vinod1909 (Oct 18, 2013)

Hi,

I am an Indian national and in relationship with Latvian national from April 2012. I was previously in Uk on two occassions ( student and dependant of tier -1)till september 2012. I got seperated from my previous partner in May 2012 and initiated proceedings with Barnet county court in August 2012. As my visa was expiring on September 2012 I applied for Tier 1 entrepreneur visa which was refused on 11 July 2013 stating that the bank statements were not genuine and as per immigration rules, a dependent cannot apply for Tier 1 PBS. Thus I headed back to India and my wife followed me on 17 September 2013. We got married in Indian court and religious ceremony was done in presence of friends, family members and relatives. 
I applied for EEA Family permit and after couple of weeks was invited for interview. During interview I answered all the questions to best of my knowledge, but the ECO found them less credible and as per his opinions he reached to decision that it is a ' Marriage of convenience'.

I have got the appeal form and I need to seek advice on following queries :

1. Should I appeal against decision which I assume takes longer time or should I reapply the EEA family permit rectifying the points mentioned by ECO ?

2.Before my wife came to India she was employed with restaurant, of which we did submit employer contract, offer letter, confirmation letter from employer. Now since she is married with me she is staying in India. Thus she has not been able to keep her job anymore. What should I mention to ECO about exercising her treaty rights. Should I mention that she is job seeker which can qualify her ?

3. What are documentations I should submit for getting a positive response ?

I would appreciate if any one would share their opinions and assist me in deciding the best way for me and my wife.

Regards,

Vinod


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## Jrge (Mar 22, 2011)

Hi,


Vinod1909 said:


> Hi,
> 
> I am an Indian national and in relationship with Latvian national from April 2012. I was previously in Uk on two occassions ( student and dependant of tier -1)till september 2012. I got seperated from my previous partner in May 2012 and initiated proceedings with Barnet county court in August 2012. As my visa was expiring on September 2012 I applied for Tier 1 entrepreneur visa which was refused on 11 July 2013 stating that the bank statements were not genuine and as per immigration rules, a dependent cannot apply for Tier 1 PBS. Thus I headed back to India and my wife followed me on 17 September 2013. We got married in Indian court and religious ceremony was done in presence of friends, family members and relatives.
> I applied for EEA Family permit and after couple of weeks was invited for interview. During interview I answered all the questions to best of my knowledge, but the ECO found them less credible and as per his opinions he reached to decision that it is a ' Marriage of convenience'.
> ...


1. You will have to pick your own choice.
2. EU national is not longer in UK, hence there's no need to elaborate about exercising treaty rights.
3. Those which are listed on VAF5 Form.

Animo
(Cheers)


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## Vinod1909 (Oct 18, 2013)

Hi Jrge,

Many thanks for your reply. I have been through this forum on numerous occasions and have found your advice fruitful.



Jrge said:


> Hi,
> 
> 1. You will have to pick your own choice.
> 2. EU national is not longer in UK, hence there's no need to elaborate about exercising treaty rights
> ...


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## Vinod1909 (Oct 18, 2013)

Hi Jrge,

In relation to my previous query and your advice, please assist me with the following :
1.Do you think if I reapply, will my previous refusal create a negative impact ? How much time it may take for appeal procedures for appeal applications from India ?

2.What should I mention on VAF5 Form in regards to employment status of sponsor ? I am concerned if I mention that my wife is not employed as she is with me in India from 17.09.13, they will refuse my application saying that EU national is not exercising treaty rights. As far as ukba website says that EU national doesn't need to prove exercising treaty rights if they are not in UK for at least 3 months. 

3.Will it be fine if I submit documents which I submitted earlier along with refusal letter ?

Thanks,

Vinod


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## Jrge (Mar 22, 2011)

Hi,


Vinod1909 said:


> Hi Jrge,
> 
> In relation to my previous query and your advice, please assist me with the following :
> 1.Do you think if I reapply, will my previous refusal create a negative impact ? How much time it may take for appeal procedures for appeal applications from India ?
> ...


1. One has already been created, and I wouldn't know the timeline for appeals in India.
2. This was already answered in my prior post.
3. Applicants must provide relevant and legit supporting evidence, and in cases of refusal additional documents will/might be required.

Animo
(Cheers)


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