# Refusal of EEA family permit application being party to a marriage of convenience



## lilujo (Apr 11, 2013)

Hi everyone,
I am writing this post because I don’t know what to do next, I’ve applied for an EEA family permit the last Friday and I’ve got a refusal of entry clearance, they take this decision based in this: well I will write you all the paragraph to make things clear
“You state that you are travelling with your husband and that the purpose of your visit is to seek employment. You have submitted a letter from your university at Edinburgh dated 1 February 2013. You have also submitted with your application a letter from a company based in London, addressed to your husband, confirming that he has been offered a job starting on May 2013. I am therefore satisfied that you will not be travelling or living together with your husband during your stay in accordance with regulations 12(a) of the immigration EEA regulations 2006. In addition, the definition of spouse in the immigration EEA regulations 2006 does not include a party to a marriage of convenience. I am satisfied that you are party to a marriage of convenience and are therefore not the family member of an EEA national in accordance with regulation 7 of the immigration EEA regulations 2006.”
I am Colombian and I have married with a Spanish citizen, we met in London when I was doing English there, I’ve decided to do a masters with an with an Approved Learning Partner, in London Mayfair, but my visa expired and I moved to Colombia so I continued this master by distance learning and self-study, Continuing with my relationship we have met together in London at work, so after many dates and so forth we decided to move out together there in London, we lived in a flat in London a year and a half, after that my visa finished so I had to go back to Colombia and my boyfriend move out with me to Bogota, we lived there for a year as well and we decided to get married, we really want to be together, as we got married we were looking for some jobs there but after a year of seeking but juts feed up and we decide to come to spa with an Approved Learning Partner, which is WLC London Mayfair, as I moved to Colombia I continued this by distance learning and self-study, as I wrote above I had 3 exams to go in and look for a job as well, thing are not better here as the crisis seems to go worst, so now we want to go back to London and find a job, well I am really sad because they refuse this permit, we just want to be together and find a job, we would like to stay here in Spain but as I said before things are nastiest here, please if someone know how to appeal I will be really grateful.
The documents that we sent them were:

Photographs from our travels to Peru, Bolivia, morocco, England and Spain.
Marriage certificate we got married the 12th September 2012
Bank statements
A letter from my husband stating, how we met and got married.
Birth certificates from both
A letter from a company based in London, addressed to your husband, confirming that he has been offered a job.
Flight tickets with our names.
A registration certificate from the town hall which specifies that I am living here at Spain with my husband and his parents 
Our family book recognized by the Spanish government 
An enrolment letter from my university 
A letter from his parents saying that they will help us with our financial expenses at the UK

I will really appreciate any advice or help backing my appeal, 

Thanks Lina.


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## AmyD (Jan 12, 2013)

It sounds like you left something out of the paragraph from the UKBA. Is that literally all that was written?


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## Leanna (Oct 22, 2012)

THe major problem from your application is that the ECO states it would appear your husband will be in London with his job and you will be in Edinburgh at school. It is then likely that they would doubt your application and your relationship if you aren't planning on living together. 

Your second paragraph isn't all that clear. Are you trying to say that you are distance-studying? If that's the case it doesn't appear it was clear to the ECO. If you chose to re-apply be sure to explain this to them and provide documentation to prove this.


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## Crawford (Jan 23, 2011)

If you are studying in Edinburgh and your husband is working in London, then that does not sound like a reason for the provision of an EEA family permit since you will not be living together.

When does your course start in Edinburgh since you have a letter from the University dated Feb 2013, but did not apply for the EEA until this week? Your husband's job does not start until May 2013.


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## lilujo (Apr 11, 2013)

Hi everyone!

Thanks for the replyes!

@Amyd
Well I transcribed the entire decision paragraph what I left out was this “I therefore refuse your EEA family permit application because I am not satisfied that you meet all the requirements of regulations & and 12 (a) of the immigration EEA regulations 2006.” And that was all.
@Leanna

Well yes, I didn’t make that clear, well I started that course when I was living in London and I was doing it with an approved learning partner which is a college based in London, so by that time when my visa has expired I went back to Colombia, and I can continue with my course but in this case as a distance- student, and yes I didn’t make clear that this course is a distance course, and today I asked to my university to provide me with a letter making clear my status at this course. My question Leanna is this enough? Because they said that I am in a convenience marriage, so what else I can provide them to demonstrate them that isn’t like that, and what else to write them in letters I am bit confused because I am planning to do a chronologic letter whit all the special dates we had with my husband and I don’t know what else to provide them.

@crawford
Hi crawford, I started my course when I was living in London and this letter is dated Feb 2013 because I haven’t finished yet, this is a distance course and I applied for the EEA online in march and I gave them all the documents the last Friday, well it was a big error not to make clear that this course is a distance course, so I asked for a letter to make that clear but I want to know is that enough?


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## Crawford (Jan 23, 2011)

If your husband has a job to go to in London, I don't know why you even mentioned this course you are intending to take.

If husband has a job then he is exercising treaty rights and can bring his dependents to the UK.

I think you confused the issue even more by saying that you were looking for employment, while at the same time apparently studying.

Obviously the ECO does not think your history "hangs together" to warrant a Family permit.


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## Jrge (Mar 22, 2011)

Hi,

Solution:

1) Reapply.
2) DO NOT include anything related to your studies.
3) DO NOT include birth certificates. 
4) DO NOT include the letter from his parents.
5) Make sure your Marriage Certificate is in English. In Spain, those are now issued free of charge.

Animo
(Cheers)


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## Jrge (Mar 22, 2011)

Hi,

Next time make sure to write in English.

To answer your question: This time around your husband needs to send a detailed cover letter, explaining that you both will be living together, and that your studies are a "distance learning/on-line" type of programme. If during the course of your semester you need to travel to sit a test, then make sure he also indicates that. Like I said: a detailed cover letter.

Again, Bank Statements are not needed. But, if you feel the need to include them, then do so.


Animo
(Cheers)


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## lilujo (Apr 11, 2013)

@ jrge Sorry about the Spanish I've got excited to see a Spanish speaker here so that is why, but for sure I won’t do it again, well many thanks for all the advice I reapplied today so I’ve got my appointment for this Monday 15th april, well and today and tomorrow I will collect all the documents and I will write a detailed letter as you said making clear what I missed in the past application, I will keep you guys up to date many thanks to all your replies.


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## lilujo (Apr 11, 2013)

Crawford said:


> If your husband has a job to go to in London, I don't know why you even mentioned this course you are intending to take.
> 
> If husband has a job then he is exercising treaty rights and can bring his dependents to the UK.
> 
> ...


@crawford
Yes Crawford I know it was a messy application will try to solve it in the next one.


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## Jrge (Mar 22, 2011)

Hi,


lilujo said:


> @ jrge Sorry about the Spanish I've got excited to see a Spanish speaker here so that is why, but for sure I won’t do it again, well many thanks for all the advice I reapplied today so I’ve got my appointment for this Monday 15th april, well and today and tomorrow I will collect all the documents and *I will write a detailed letter *as you said making clear what I missed in the past application, I will keep you guys up to date many thanks to all your replies.


HE, the EU-National, your spouse is the one that needs to write and sign this letter. 

Sadly nothing that is of your ownership - besides your passport- matters.

Animo
(Cheers)


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## lilujo (Apr 11, 2013)

HI guys 

An update from my case, I reapplied to the United Kingdom consulate at Madrid, and I submitted a big quantity of proofs like photos, tickets, receipts and bank statements to prove that we were living at the same address, every single document was specified with a note on the side. The answer was quickly again and this time they granted me the entrance, by the middle of august we will be living in the UK. Thanks again to all of you! :clap2::clap2:


I reaplyed


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