Our Mrs Sharan Rupra was instructed to represent a Pakistani National who had had an application rejected for a residence card under the Immigration (European Economic Area) Regulations 2006 under EEA Regulation 2.
The Home Office formed the view that the client was not entitled to a residence card as the client was in a ‘marriage of convenience’.
The Background Facts | Immigration Lawyers
Our client initially met his partner, a Romanian National, on Facebook.
They were married Cyprus on 18th November 2013.
The couple began married life and sought and obtained paid employment in Cyprus.
Due to the economic downturn in Cyprus, which was widely reported throughout Europe, our client’s employment security became precarious.
After some contemplation, the couple decided to travel to the United Kingdom in order to explore its employment market.
Immigration Advice | Immigration Solicitors
Our client sought legal advice in Cyprus and was informed that he could travel to the United Kingdom with his Sponsor without having to make any applications.
However, the couple decided to follow the correct procedure, to ensure that they would not encounter any problems on arrival or within the UK, and made an application to the British Embassy in Cyprus.
Our client was granted a visa on the basis of an EEA family member as the couple had proven that they were indeed married and in a lasting relationship.
Arrival in the UK | Immigration Laws
The couple arrived in the United Kingdom on 29th June 2014 and were immediately stopped and questioned at Manchester Airport by Immigration Officials.
Obviously, this caused the couple huge embarrassment.
The Immigration Officials incorrectly assessed that they were not in a true and genuine marriage, but simply a marriage of convenience.
The couple were detained for approximately 7 hours, questioned about their relationship and all their bags and belongings were searched.
After this traumatic experience at the airport, the couple were granted entry to the United Kingdom after the Immigration Officials became satisfied that they were in a genuine relationship.
The following morning, the couple realised that some of their personal ID documents and their marriage certificate had been retained by the Immigration Officials. They called the Immigration Officials at Manchester Airport.
The couple explained what had happened, and they were told by a female official that the authorities did not have their documents.
It was only after the couple threatened legal action for the return of their ID documents and marriage certificate that the Immigration Officials accepted that they were still in possession of the documents and agreed to return them.
Residence Permit Application
The couple then submitted a Residence Permit Application but this was refused by the Home Office.
The Home Office did not accept that the couple were in a genuine subsisting relationship but asserted that their marriage was simply one of convenience.
The Immigration Appeal | Immigration Appeal Solicitors
Mrs Sharan Rupra took the client’s instructions and fully prepared their case.
She drafted all the witness statements, collated the evidence, prepared detailed court bundles and represented the couple at the Immigration and Asylum Tribunal.
She was able to demonstrate to the Tribunal that the couple were in a true and genuine relationship and that the client, an EEA national was indeed employed as claimed.
The appeal was allowed as the Judge was satisfied that the couple satisfied the requirements under Regulation 2 and Regulation 6 of the Immigration (EEA) Regulations 2006.
Our client was issued with a five year residence permit.
The couple can now continue to exercise Treaty Rights in the United Kingdom.
How we can help with Immigration Law problems?
The Home Office is not always right and many times it simply fails to follow the prescribed procedures.
At Kangs Solicitors we are experienced in a wide range of immigration law matters and can offer early and effective advice to clients to safeguard their immigration position.
Please feel free to contact our Immigration specialist Sharan Rupra who will be pleased to assist you.