Post
by form544 » Sat Mar 15, 2014 7:48 am
hi everyone,
I am in UK on Tier 2 General and my wife applied for tier2 dependent category recently. We got married few months back but she stayed back in India as she was in her final semester of Masters degree. We got a ECO refusal and I am now going to apply for administrative review of this decision. I have the following questions and would appreciate if anyone can help me here:
Background:
Our case is fairly straight forward as:
1) its a first marriage for both of us
2) we provided all my financial details including our joint bank account bank home,
3) marriage certificates, pictures etc
4) my sponsors details here in UK (a big firm no issues there),
5) a letter from me explaining why she didn't travel with me at the time and when is she expecting to do so now.
6) calling card details that I used to call her
Question 1:
but as you could see the ECO rejected that we didn't provide any evidence of communication. As we mostly converse using social media (facebook, Skype etc), I thought it is a bit too personal information to share - thinking back now I think this was a mistake.
so now for Administrative review, I am not sure what documents I should attach. I know I will now have to share the conversations we had via Skype/facebook but those are fairly long ones 10,000 pages and I can not realistically print that many paper for this administrative review.
the other thing I was thinking about was to send them portion of those conversations that demonstrate we have been in regular contact (20 pages of so) but I am not sure if they would bring something else up that it is not clear still bcoz its a summary etc? could you please share any thoughts as to what would be the best thing to do here?
Question 2:
The ECO got my visa category wrong, as I am on Tier 2 General but visa ECO stated Tier 1 General. while in terms of requirements it makes little difference but do you think this oversight on their part would help me in anyway for my administrative review appeal?
Question 3:
could you please also tell me if there is any other document I should provide in addition to the evidence that we, as a couple, has been in contact throughout that period and even before our marriage?
Question 4:
I have tried to search on what timing these administrative reviews generally take but I couldn't find anything useful, would anyone here know how long generally a review takes? Our original plan was for my wife to travel to UK in the summer (August 2014), do you think with this review we will have enough time to still make to that travel plans?
I have provided below the decision text we received in the refusal letter and would appreciate any help anyone of you could offer. many thanks in advance.
Decision Text:
"In assessing you individual application, it has not been necessary to interview you. But I have taken account of:
- the financial and employment information as declared by you on your application form,
- your passport and travel history
- your family circumstances and
- the supporting documents you provided
I have used all that information to determine if the immigration Rules have been met. In reaching my decision, which has been made on the balance of probabilities, I note the following points:
The Decision
- you have indicated that you completed a marriage contract with your husband on DD MMMM YYYY in <CITY NAME> in <COUNTRY NAME>. You now wish to join your husband, who has limited leave to remain conditions as a Tier 1 General Migrant under Points Based System, in the UK. I have Noted that you have met each other and were both present for the marriage. It is reasonable to expect there would be regular contact and communication between a couple in a relationship, particularly when they are residing in different countries. However, no information or evidence has been provided to demonstrate contact and intervening devotion between you as a couple from either before or since the marriage. In view of this I am not satisfied that your marriage was subsisting at the time of your application and that you intention to live with your spouse through the period of any leave that may be granted to you in the UK 319C(d) and (e). I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant paragraph of the united kingdom immigration rules."
