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27 months of marriage with Polish wife but still UK home office not satisifed with our wedding


stuckwithukba
16 Oct 2015 #1
I really need help guys. I don't know what can I do now. I m from India and my wife from Poland living and working in UK. Home office refuse my residence card application. Also upper tribunal refuse our appeal and I'm hopeless at the moment. My wife is ready to move with me to any other eu country but my main problem is my step son education. He is very bright student and I don't want to disturb his education. Can I live in Ireland or any other eu county on the basis of my marriage certificate and other papers. We are living together from last 3 years. I'm really done with home office and I want to go back to India but it's hard for my wife to visit India after 2 3 months but easy to travel to any eu country.

Please help me.what can I do ? I don't to knock my head again with UKBA. I want to move eu.
nothanks - | 640
16 Oct 2015 #2
Am I seeing this right?

3 people
1 person working
1 person in education system
0 Brits

You should go to USA, they love this kinda setup
terri 1 | 1,627
16 Oct 2015 #3
Best advice is to speak to someone who knows the ins and outs of the immigration system.
You could possibly move to any other country, but whether they will allow you to enter or stay (as, according to British Home Office you do not have a resident status) is another matter.

Also if you move, your stepson will also have to move - so your reason for moving is a bit flimsy to say the least.

The Home Office must have a very good reason for refusal. This reason would have been given to you (and you omit to say to us what it is). No one can help if we are given half a story.

You know the reason for refusal - do something about it. You cannot beat the system.
Polsyr 6 | 769
16 Oct 2015 #4
Can you quote exactly what they said in their refusal notice?
InPolska 11 | 1,821
16 Oct 2015 #5
You know, Polsyr, in a lot of Western countries, when a Western type woman marries a guy from a complete culture/religion, it is not rare that authorities suspect scam marriages and refuse to deliver documents (it happens often in France as I know). Just like when they refuse visas, they may be entitled not to give any reason.

Maybe best would be to move (at least temporarily) to Poland or to India before trying in the UK again.

However, if the OP wants to complain, best to see a lawyer than to ask "random clowns" in a "random forum", as Dominic says...
gregy741 4 | 1,204
16 Oct 2015 #6
Even polish or any EU citizen needs 4 years of residency to be entitled to permament residency inthe UK.and during this 4 years,you need to live there and need to be either working unemployed and activly looking for work or student.and even after that,there is very tuff habitual residency test and good character test to pass.you still have right to live there and work.limited acvess to benefits.its all very controversual law there,very discriminatory to poles and being under EU commision investigation.they even threthened UK dozen of times for bteeching EU law.
Atch 17 | 2,901
16 Oct 2015 #7
any EU citizen

But not Irish, special exception there.

any EU citizen needs 4 years of residency

very discriminatory to poles

But not just to Poles. Anyway Poland requires EU citizens to register within three months of arriving in Poland despite the right of freedom of movement within the EU and it's a similar length of time for permanent residency isn't it? Incidentally the habitual residence thing exists in Ireland too regarding claiming benefits and has caused problems for Irish citizens returning to Ireland after years working overseas. It's at the discretion of the deciding officer who handles the claim and some took it a bit too literally so we had the situation of let's say an Irish guy in his twenties, returning, living at home with his parents and siblings but wasn't 'habitually resident' because he hadn't lived in Ireland for the previous two years.
Chemikiem 6 | 2,081
16 Oct 2015 #8
Even polish or any EU citizen needs 4 years of residency to be entitled to permament residency inthe UK.

Generally it's 5 years, although there are a couple of conditions in this link which state it could be less, but neither of which apply to the OP.

gov.uk/apply-for-a-uk-residence-card/permanent-residence-card

From the OP's rather confusing post, his Polish wife can legally work in the UK, but he doesn't mention if she has permanent residency. Without her having that, he stands no chance as a non EEA member, of legally being able to stay in the UK, so he may simply have been refused on the grounds that he has no entitlement to residency because maybe his wife has none either.

However it's all speculation without the OP supplying further details.
I doubt very much whether UKBA will change their minds on their decision.
gregy741 4 | 1,204
16 Oct 2015 #9
Generally it's 5 years, although there are a couple of conditions in this link which state it could be less, but neither of which apply to the OP.

yea..its 5 years,you right here.

Without her having that, he stands no chance as a non EEA member, of legally being able to stay in the UK

i think its incorrect..he has right to reside as a family member of EU state,but he has not right of permanent residence in the UK

he can purse any economic activity,like work or study but has limited access to welfare system without permanent residency.
there are 2 types of "rights to reside" one is for benefit purpose and one ordinary. its all BS created by UK to avoid having problems with EU commission and refuse poles any access to benefits.its abit complicated,but that was the idea.

gov.uk/right-to-reside

have been refused on the grounds that he has no entitlement to residency because maybe his wife has none either.

no...his wife has right to reside so does he.he doesnt need to be worry about his being legally in the UK as a family member,he can work,study ect...what he doesn't have right to is "permament residency" status,which gives full benefits access.
Polsyr 6 | 769
16 Oct 2015 #10
they may be entitled not to give any reason.

For rejection for family member of EU citizen they are obligated to give a reason. It is stated in both UK and EU rules.

i think its incorrect

gregy741 you are right. I believe everything you said is correct.
Chemikiem 6 | 2,081
17 Oct 2015 #11
his wife has right to reside so does he.he doesnt need to be worry about his being legally in the UK as a family member,he can work,study ect...what he doesn't have right to is "permament residency" status,which gives full benefits access.

Yes, you are right Gregy, I was confusing right to reside with permanent residency status.


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