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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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My name isXXXXX am German living in the UK for 16

Customer Question

My name isXXXXX am German living in the UK for 16 years, My husband is Gambian, he applied for an EEA residence permit on the 16.August this year.He received a refusion yesterday.
I have been visiting the Gambia since 2004 and have been married there before . I have brought two Gambians here,once in 2005, we had been together for two years before he left me, he is still here in the UK, his official status is unclear..and the second time in 2010,this men stayed with me only about three weeks and then left. his status is also unclear.
I married my husband on the 10. August and we only know each other for one year.
The rejection was on grounds of not having a substantial marriage, the officer believes it to be of convenience.My history is obviously a problem,and the fact that the previous men are here illegally, I did not notify the home office when they left me( I would not have wanted to give them a problem), and I don't seem to have a proper loving relationship with my husband.

My husband sent all the papers to me by e-mail, and it said he could appeal within 28 days. The decision was made on the 2. September, but he only received the letter yesterday,he picked it up from the embassy in Gambia(it was done in Ghana).
So now the 28 days have already gone as its a month and a half later.
My questions are:
1- is it still possible to appeal?
2-do you think there is a chance they will change the decision,and what would help with that?
3-If even after the appeal thy refuse him again, can he keep applying again and again?
I am planning to go out there in the beginning of November, and if he doesn't get his visa I will have to go and see him again , as much as possible(I have children at home which makes that difficult but I will go). But if for example after another half year he would apply again and we can show more proof (like stamps in my passport and phone bills) will that make a difference?
Thank you very much for your help.... Angie
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  A. Valcke replied 5 years ago.

Thank you for your question.

Please could you tell me what supporting documents your husband sent in with his application?

Customer: replied 5 years ago.
My husband sent the following documents:
All his personal documents, certificate of character(?),his IT certificates,our marriage certificate, the divorce certificate of my last marriage, my passport copy, from me:bank statements from 3 months,mobile phone bills from march til July,my rental agreement,my work contract,payslips from all year plus p65, benefit(housing and council) statements, working family tax credits documents, my invitation letter and expanation about our situation... I think that was all of it... thank you
Expert:  A. Valcke replied 5 years ago.
Thanks for this.

How many times had you met in person before getting married?

Did you provide evidence of this with hotel and airplane tickets?

Customer: replied 5 years ago.
We got married on my second visit where I stayed for 4 weeks. The proof of that was my passport entry stamps which I had copied. As I stayed at his home there was no hotel bills.
I know it all was a bit rushed- and is seen like this by everybody. I have 4 children and it's not easy to travel.
I think the biggest problem is that I had only just divorced from my ex husband in February and in March we started our relationship. The officer sees that I bring man after man to the Uk and feels it can't be true marriage. I really understand this. It must seem like this. But I know it is not like that.
I also had the idea of printing out the complete conversation I had with my husband on facebook. Every day we have been and are talking there.I could send it to the home office? ??? Thank you again...
Expert:  A. Valcke replied 5 years ago.
Did any of your family attend your wedding?

Do you have pictures of the wedding?

I am trying to identify what evidence you have that may make the Home Office change their minds.

Customer: replied 5 years ago.
No nobody of my family was there as my children could not go to Gambia in the rain season( malaria risk too high) and my mother is living in Germany and very frail. I am also thinking and thinking about ways to show the office about the true nature of our relationship. Do you think I could send print outs of our face book communication which goes all the way back to March? It's of course very personal and intimate but I am prepared to show it if it helps. I also have lots and lots of text messages on my phone.
I believe that the fact that it was rushed makes a problem too. If I could personally talk to somebody of the homeoffice here in the Uk I could explain all the reasons for that. Could that be possible? In the end it is my history which is the problem so maybe I could be allowed to explain?
Thank you ..And yes we included photos of the marriage and all the family of my husband was there...
Customer: replied 5 years ago.
Good Morning..just ti let you know that my husband went to the High comission in Gambia yesterday morning to find out about the appeal. As the decision was made on the 2.9. but he only received it on the 13.10. the 28 days time limit that is set for the appeal had already passed. The people he spoke to told him that he should just explain this in his appeal and appeal as soon as possible..
I am very worried that we are running out of time..anyway I am waiting to hear from you..
Thank you very much for your help..
Expert:  A. Valcke replied 5 years ago.
Dear Mrs Jacobs,

Your husband has a number of options.

Firstly, he could appeal but as you mentioned he is out of time. The tribunal does have discretion in this matter. I strongly suggest that he get a lawyer in the UK to represent his interests.

Secondly, (and at the same time as appealing) he could try to resubmit his application for an EEA family permit using further evidence you have suggested (the correspondence between you on facebook, itemised phone bills to show you regularly keep in contact by making calls and sending messages).

Thirdly, he could also ask for advice from the European Commission's Your Europe Advice as they could provide authoritative advice that he could then present to the Home Office as part of his application.

I can send you links if you would like.

I hope this answers your question. Please don't forget to click accept.

A. Valcke and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you.. Could you please explain the Europe advice, what is it and where? Yes please send the links .. Thank you
Expert:  A. Valcke replied 5 years ago.
Your Europe Advice provides free legal assistance to EU citizens and their family members. Their legal experts cover all 27 EU member states.

You can send them an enquiry here:

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