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Need advice to avoid "Marriage for Convenience" for Family Permit.

Discussion in 'Introduce Yourself' started by Camille, Apr 13, 2017.

  1. Camille
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    Camille New Member

    I wrote before after my first tourist visa application was refused. I recently reapplied and got refused again for the following reasons:

    · Bank statement provided does not indicate which bank was it from – which is the same way how I got my bank statement before and they didn’t give any comment about this.

    · No proof that my boyfriend have ever been in the Philippines – wherein I provided a copy of his booking confirmation indicating flight schedule (dates and time) with reference number.

    · And relationship was questioned again even after providing pictures of us together and screenshots of our conversations.

    · They also asked why I wasn’t able to provide my pay slips – in which I provided my new certificate of employment indicating my hire date which was 2 weeks before I submitted my documents to them – which means I cannot provide any pays lips because I haven’t been paid yet. Other than that, my certificate of employment shows my monthly salary.

    · Another thing was that they said I don’t have enough reason of going back to Philippines after my planned trips – as they didn’t consider I have a daughter back here and I provided a copy of my tuition fee receipt for my MBA class which will start around June or July.


    I know that they are not verifying things, they just based everything on the documents you’ll send and the decision is just based on how they perceived things. They didn’t even call the flat caretaker of my boyfriend to verify if he was living there and they didn’t care about the letter I provided explaining the whole situation. It’s just someone’s decision whether they believe you or not and that is disappointing.


    The thing is we got married and I need help understanding some things to avoid getting another refusal paper highlighting the reason “Marriage for convenience.” Here are some of my questions and any help will be appreciated:


    1. Do we need to get a lawyer to help us prepare the documents to avoid loopholes? We talked to some people and found a law firm specializing on this cases, one was asking for 300.00 GBP for each consultation and their website has very good reviews and their clients are recommending them. One of his friend’s case was for 20.00 GBP per consultation and 1,200.00 GBP for processing and for their service including the continuation of their service in case first attempt fails. We’re still looking for other law firms, we just want to know if this is worth it.


    2. What would be the effect of my tourist visa refusals when applying Family Permit?


    3. Some people told us to better apply it soon as processes may change due to Brexit, but applying Family Permit right after the marriage is one of the grounds for refusal.


    4. Does he needs to get a residence certificate now? I’ve read some refusal papers and ECO said it was one of the requirements to make sure my EEA spouse is a qualified person instead of just providing his certificate of employment and pay slips.


    5. What supporting documents do we need to provide to prove that our marriage and relationship is genuine? I’ve read some blogs and ECO questioned their photos as they don’t look couples on it.


    6. I was wearing jeans on our wedding day. My parents were there and we have pictures all together. Will that be questioned or does it look like the marriage was in rush or do we need to explain why I wasn’t on proper wedding dress that day or explaining it would just make it look like I’m being defensive. I found a blog when ECO didn’t believe on wedding photos just because the quality of the pictures were not good and he cannot identify the face of the groom and bride.


    7. Do we need to update both our civil status right away?


    8. We just met once personally, but we’ve known each other for a year and a half and he met my family. Do we need to at least meet again once or twice before applying this? We are serious about our relationship despite our young age.


    9. Philippines doesn’t have divorce. Does that help justifying that we didn’t get married just to bring me to UK? There’s no turning back on this thing, so they should realized that we did think about this big time.


    10. I have a daughter from my past relationship. Does she have an effect on this application?


    11. We’re planning to get this Family Permit at least 3 months from now (April) which is also the month of our wedding. Is that too fast? Or is it better if we meet again and wait few more months?


    So far, these are the documents I will be providing:


    Him:

    · Certified true copy of passport

    · Residence Certificate

    · Certificate of employment

    · 6 months’ pay slip

    · National ID

    · Approval letter from his flat caretaker confirming future accomodation

    Mine:

    · Passport

    · Birth Certificate

    · Valid ID

    Relationship:

    · Marriage Certificate

    · Wedding photos

    · Pictures together

    · Chat and call logs (Beginning to present)

    · Our Boarding Pass (Boracay)

    · His Boarding Pass (Philippines)



    We need help and comments or suggestions to avoid another refusal. Thanks to you all!
  2. bigmac
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    bigmac Well-Known Member Trusted Member


    2. What would be the effect of my tourist visa refusals when applying Family Permit?


    none--a settlement visa application is a completely different issue--and previous visit visa applications are not taken into consideration.

    the fact you are now married throws a lot more weight to your application--it proves you must have met--once !!

    UKVI are no longer interested in any proof you will return--its of no relevance.

    just make sure your husband meets the financial criteria and has suitable accommodation.

    oh--and congratulations on your marriage.
  3. Brom27
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    Brom27 Well-Known Member Trusted Member

    I'm not questioning your marriage but the ECO might wonder why you married a man after just meeting him once.
  4. Maharg
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    Maharg Well-Known Member Trusted Member

    Just to clarify, you say you are applying for a family permit.

    What is your husbands nationality? And does he live in the UK?

    If he is an EEC national in the UK you could just do the family pemit surely? You wouldn't need the visa if he travelled in with you.
  5. Exrecon
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    Exrecon New Member

    Hey guys I'm married to this lovely girl and I know it's going to be a long way for us to live together in the UK but hopefully with your help and some other friends we can do it. Thanks for answering.

    As to your message @Maharg
    We're going to be applying for family permit for non-eea national. I'm polish myself, been living in UK total of 2.5 years and unfortunately she needs a visa otherwise noones going to let her in through the British borders. I wish it could be that easy.

    I'm sure we're going to have a problem proving that our relationship is genuine so I'm looking for options how to handle this one point, one of many unfortunately. One big argument is that there is no divorce in Philippines but I don't have a clue how they might look at it.

    I've heard that one couple provided tons of pictures together but immigration stated that they don't look like a couple on those and failed it.

    We've met once. I just came back from Philippines two days ago, spent there 25 days, great country, great people. We've known each other for almost 1.5year now through online sources.

    Thanks everyone for contributing to this topic. Wish you all the best!
  6. Camille
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    Camille New Member

    Well yeah, that's why I'd like to know if it would be better if we meet again once or twice more before applying or if these lawyers can actually help. We're also worried about this Brexit, cause we don't have any idea for any possible changes they might make anytime soon. Making the process even harder.

    Thanks anyway :)
  7. Brom27
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    Brom27 Well-Known Member Trusted Member

    Might be a good idea to meet again. No one is sure what happens as far as Brexit is concerned but if you can get here before it all happens you might be allowed to stay, who knows.
  8. Maley
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    Maley Well-Known Member

    Hi @Camille , you have a complicated situation from how you explained your information.

    First, which visa will you be applying next? Will it still be tourist visa or a family related one?

    If its tourist visa, you need to address the concern of the ECO. Can you not get any certificate of employment from previous employer? This way, you can provide back-up on the bank statement of the last 6 month.

    I agree with the ECO's decision. You should always put yourself in their shoes as much as you can. With a lot of problems with immigration, you need to make sure your documents can stand on its own. For example, if someone have submitted a printed bank statement, on a plain paper would you believe it? You need to ask your bank to print it on their company paper and stamped (some managers initials it).

    In addition to the booking confirmation of your boyfriend, you need to provide a copy of the stamp in his passport to show that he has indeed flown and an immigration officer has seen him. A booking confirmation can be disputed since anyone can make a 'dummy booking' using a website or a travel agent. Or he can decide not fly.

    If the decision is to apply for a family related visa, you need to research the requirements. I am not familiar with the requirements for an EU national working in the UK (ie do you have to apply at his country's embassy to get the visa etc). Some other member can provide insight.
  9. bigmac
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    bigmac Well-Known Member Trusted Member

    are you connected with @Camille ? if not--can you start your own thread instead of hijacking this one ?
  10. Brom27
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    Brom27 Well-Known Member Trusted Member

    I think he's the husband.
  11. Exrecon
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    Exrecon New Member

    I was in a military but I've never hijacked anything! : D

    Yeah I agree with you @Maley, it's just such a pain in the ass but the bank statement provided by her could have been more legit I totally agree on that. What a dummy @Camille :>

    I had a problem cus I couldn't get the proper one from Barclay's during some bs so I went to the manager and he gave me written letter stated how much money I have etc.

    Anyway, we're applying for family permit, I guess it's the same as the spouse visa as she's my wife :)
  12. bigmac
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    bigmac Well-Known Member Trusted Member

    i'm out of this thread if it involves an EEA member bringing family into the UK.
  13. Exrecon
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    Exrecon New Member

    Is there anything wrong with that? I don't see the problem, I thought you were in the same situation? Or is it because you're brit and I'm not : )

    I came here to UK to open a business and make it prosperous providing quality services or try my luck in my profession since I worked as a paramedic back in my country. Not a bad immigrant compared to some hmm.
    Everyday I see one particular group not really assimilating and UKs gonna have a really big problem with them soon.
  14. Brom27
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    Brom27 Well-Known Member Trusted Member

    Nothing to do with your nationality. @bigmac is stepping aside because you have a different situation unlike most of us. As an EEA citizen living in the UK you should be able to bring your wife here easier and way cheaper than a British national bringing a partner over.
    • Agree Agree x 1
  15. Exrecon
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    Exrecon New Member

    Wow that's surprisingly disgusting that my own country would treat me in such way haha. Inner nationalist speaking up from my guts.
  16. PatVen
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    PatVen Active Member

    Applying for EEA Family permit is the quickest way and best option for your wife since you are a European national. The previous refusal has nothing to do with the next application as you will be applying under EEA rules.

    To have a better understanding about the new EEA regulations, you can check this: http://www.eearegulations.co.uk/Regs2016

    And visit https://www.gov.uk/family-permit/overview

    To address the marriage of convenience, just prepare a well-written cover letter citing the EU regulations' definition about 'marriage of convenience'. It doesn't matter if you've only met once as long as you can prove that your relationship is genuine and subsisting. It is best to submit copies of your conversations e.g. Skype, Facebook or Email, receipts of your monthly remittances, photos together during your visit to Philippines and selected photos on your wedding. It's weird that the ECO will comment on the photos as long as you can present a marriage certificate. If you want, you can go to DFA and have it authenticated/red ribboned. (This is optional).

    The EEA Family Permit application is free of charge and is normally processed within 15 working days.

    If you get refused, just reapply and address the refusal.

    If you are not confident to do the application on your own, you can get a solicitor.

    Remember, in EEA Family Permit application, the EEA national's supporting documents are vital.

    British Embassy Manila is not really strict on EEA FP applications as long as the application is straightforward (e.g. the EEA sponsor met the categories of a qualified person: worker, student, self-employed or self-sufficient) and of course you know the EEA Regulations 2016 very well. Thus, a well- written cover letter will really help you.

    The ECO will ONLY doubt your application if they can sense that you don't know what you're doing. :)

    Don't stress yourself too much..:). All applications are assessed individually.
    • Agree Agree x 1
  17. Maharg
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    Maharg Well-Known Member Trusted Member

    I suspect he is backing out to prevent himself getting wound up by EEA people from other countries being allowed to bring their spouses here free of charge when British people are unable to.

    I know it's not the fault of the citizens involved, but it is difficult to to feel at least a little bit resentful when they start asking us about family permits.
    • Agree Agree x 2
    • Like Like x 1
  18. Brom27
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    Brom27 Well-Known Member Trusted Member

    Exactly how I want to put it. :cat:

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