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Ask A. Valcke Your Own Question
A. Valcke
A. Valcke, Solicitor
Category: UK Immigration Law
Satisfied Customers: 740
Experience:  14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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I am a very highly qualified Hungarian dentist living and working

Resolved Question:

I am a very highly qualified Hungarian dentist living and working in the UK since 2005. Recently, I have married my fiancée who is Thai citizen. We got married in Hungary on the 4th of august. We went through a quite a humiliating process to be able to get married in the EU. She passed a quite strict filter and was allowed to enter the EU and get married. My wife has 5 years temporary residential permit in Hungary. I own a dental practice in the UK with 5 employees (three full time and two part time ones). My wife applied for a family permit and her application was refused.
‘You have not provided any other evidence that you are in a genuine relationship e.g. photographs of you and your husband , evidence of how, where and when you met [C] or further evidence of how you have kept in contact during periods apart before and since your marriage [D].
You have not provided any evidence that you and your husband are living together [F]or that you have lived together in the past either before or after the marriage [E]. E.g. letters, cards, utility/other bills or bank/other statements addressed to you and/or your husband showing the same address in Hungary or elsewhere [G].
The definition of ‘spouse’ in the immigration (EEA) regulations 2006 does not include a party to a marriage of convenience [A]. I am satisfied that you are party to a marriage of convenience and therefore not the family member of an EEA national in accordance with regulation 7 of the immigration (EEA) regulations 2006.’
The list of application documents we enclosed:
- Completed application form
- her passport
- copy of my passport
- my personal statement
- my council tax bill
- copy of my GDC registration
- certificate of my Hungarian bank account with 2,000,000 HUF (over 6000 GBP)
- copy her temporary residence permit
- certificate of marriage made in Hungary
- copy of my passport
- some of my payslips (I work for other companies too)
- my last HSBC bank statement
In order to be able to help us I would give you some additional information. As marked in the justification:
We did not apply for marriage visa. We are married by EU law. Why should we send pictures of our private life?
[C] It is an application for a family permit. The evidence that we attached (EU certificate of marriage) shows that we are married. The illegal request of these evidences would be appropriate before marriage.
[D] My wife applied for family permit right after our marriage. What kind of contact history can be expected? However, the facts: The contact was arranged by our friends. The beginning of our relationship was on the internet via emails, and other instant message providers. We have several hundreds of emails. My Skype account saved some of the conversations (57000 words) but part of the Skype conversations, MSN, WhatsApp, eBuddy conversations happened on smart phones were lost due to instability of the systems. We met in Bangkok after I had divorced. We are not happy to print off and give away our very private conversations.
[E] I accept that some of the people live together before marriage. It is the most ridiculous expectation that people who believe and practice normal conservative values of life should prove that they followed practice they find immoral. We believe in conservative values and did not live together before marriage and we had not met before I divorced. The officer’s reasoning is based on expectations which are immoral for us.
[F] I am Hungarian citizen living I the UK. In present economic circumstances I cannot leave my position for long time. It means that my wife has to follow me. Actually UK authorities do not allow us to practice our right of living together and to start our normal family life.
[G] Based of paragraphs [E] and [F] absolutely unreasonable to expect anything like this. What we want is to start our normal family life. We knew exactly that my wife would stay in Hungary temporarily only because I am a UK resident. The UK does not allow my wife to enter the country. How could we have letters, bills and bank statements on the same address?
[A] Finally, Hungary is member of the EU. Hungary has acknowledged that our marriage is a legal relationship. My wife has got the temporary residential permit as a proof of it. The marriage happened in Hungary and not in a third country. I do not believe that a UK officer has the right to question a decision of the authorities of an EU country.
Additional information: I lost my son in 2007. My first marriage did not survive this tragedy. Family is extremely important for me. The values of my life, my religion and my expectations from life have changed dramatically since 2007. I have never followed the mainstream in private and professional life anyway. I cannot understand how dare one can be to measure my life with average approach. I am ready to leave the UK and walk away to be able to get together with my family. If the country I live in does not respect me, I will not respect the country. Taking into account the couple of hundred thousand pounds of loan on my business, I would not be the biggest loser. We do not want to live in the UK because it is so ideal country for example for families (see: Jonathan Bradshaw and Dominic Richardson, An Index of Child Well-Being in Europe, Child Indicators Research, Volume 2, Number 3, 319-351, DOI: 10.1007/s12XXX-XXX-XXXX-7à*) but because of my business commitments. However, in case of any loss as a consequence of the activity of UK authorities I am happy to seek for legal advice.
Question: What strategy do we have to follow with what documents to get the family permit asap?
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  A. Valcke replied 6 years ago.
Dear Sir,

Thank you for your question.

I am sorry to hear of your difficulties in obtaining an EEA family permit for your wife.

Before I can suggest a strategy for dealing with this problem, I need you to confirm some facts for me.

When does your wife's temporary residence in Hungary expire?

Was the application for an EEA family permit submitted to the British Embassy in Hungary?

Are you able to show proof that you physically met your wife before you got married? Have you visited her in Hungary since getting married in August? These facts can be used to support your application.

I look forward to your response.

Customer: replied 6 years ago.

Thank you very much for your reply.

My wife's temporary residence in Hungary will expire at 05th Aug 2016.

The application was submitted to the British Embassy in Hungary.

I visited her in Bangkok in February this year. Actually, we have plenty of pictures taken in Bangkok, in Vienna, in Budapest and with various family members.

I do not know how long an appeal takes. I do not want to wait too much; I have plenty of other things to do.

For a new application, the embassy retained all documents. I do not want to run around spending time and money again.

Expert:  A. Valcke replied 6 years ago.
Thanks for confirming the situation.

In the first instance, I would suggest that you send copies of the pictures to the British Embassy in Hungary and ask them to reconsider their decision.

Asking for a reconsideration should not cost you money, since EEA family permits are supposed to be issued free of charge.

If that does not resolve your issue, you should contact Your Europe Advice so they can issue a legal assessment that you can then send to the British Embassy.

If this does not resolve the issue, Your Europe Advice can refer you to SOLVIT, the EU's problem solving network. The Hungarian centre will then make contact with the UK centre to try resolve the issue and get the family permit issued. Hopefully this should resolve the problem.

If this still does not resolve the issue, you should resubmit a new application to the British Embassy (which should be free of charge) and then appeal any refusal to issue a family permit to your wife. An appeal usually takes 6 months.

I can send you the links to Your Europe Advice if you wish.

I hope this answers your question.

Customer: replied 6 years ago.

Thank you very much for your advice.

My wife got two options at the emabssy. She either appeals or applies again.

Is it usual and accepted that an embassy is asked for reconsideration? Even if the applications are sent from Budapest to Warsaw (Poland) for decision and even if we do not attach all documents mentioned?

Should I write them a supporting letter stating my case?

I rather leave the UK than wait 6 months.

Expert:  A. Valcke replied 6 years ago.
There is no formal process for reconsideration, but it depends on the entry clearance officer.

Based on what you have just said. I would suggest that she reapply and include copies of the photographs that you mentioned earlier. You may also want to include statements from the persons who attended your wedding. I think it is also a good idea to include a letter to explain your situation, but keep it brief.

I hope this answers your question.

Customer: replied 6 years ago.

How can we retrieve documents of the first application?

They kept our certificate of marriage and my payslips as well.

Expert:  A. Valcke replied 6 years ago.
You should be able to make an application without the need to first obtain your documents back. When you send in your application, attach a list of documents which are already in the British embassy's possession and include the application reference number.
Expert:  A. Valcke replied 6 years ago.

I hope that I have answered all your questions.

I'd be grateful if you could accept my answer, so I can be compensated for my time.

Thanks in advance.

Expert:  A. Valcke replied 6 years ago.

Is there anything else I can assist you with?

Expert:  A. Valcke replied 6 years ago.

Please could you confirm you are satisfied with my response?

Thanks in advance.

Expert:  A. Valcke replied 6 years ago.

I would be grateful if you could click accept.

If you don't, the money which you have paid to JA stays with the site and I don't get any compensation.

Thanks in advance.

Expert:  A. Valcke replied 6 years ago.

Is there any other matter I can assist you with?

If I have answered your question, please could you press accept? If you do not click accept, the monies you have paid to Just Answer remains with them and I am not compensated for my answer.

I thank you in advance.

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