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Refusal! Apply again or appeal?

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blinkyboy
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Posts: 17
Joined: Wed Jul 02, 2014 7:30 am

Refusal! Apply again or appeal?

Post by blinkyboy » Mon Aug 11, 2014 6:02 pm

I was refused my application for a dependency visa. I am in shock! We were given 28 days to appeal.

I want to know whether it would be more advisable in terms of time, money and immigration record to make a fresh application or appeal. I really don't want this refusal to affect any subsequent applications in the UK or abroad. Does anyone know a good solicitor I can ask about this?

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Re: Refusal! Apply again or appeal?

Post by MPH80 » Mon Aug 11, 2014 6:08 pm

What are the reasons for refusal?

blinkyboy
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Posts: 17
Joined: Wed Jul 02, 2014 7:30 am

Re: Refusal! Apply again or appeal?

Post by blinkyboy » Mon Aug 11, 2014 6:15 pm

No evidence of live in relationship for 2 years.

I provided bank statements, health insurance, house insurance and a certificate from the town hall saying we were live in partners since 2008. Albeit most of the documents were in another language. But I figured they'd be enough because they are "official letters" going to both of us at the same address. Plus the official certificate from the town hall is in english.

I was advised to do a fresh application but don't want this refusal to be something I always have to declare on applications all the time.

SoHopeful
Senior Member
Posts: 948
Joined: Wed Sep 16, 2009 11:01 pm

Re: Refusal! Apply again or appeal?

Post by SoHopeful » Mon Aug 11, 2014 9:24 pm

Were these documents translated?

Might help to type out the actual wording of the refusal...

blinkyboy
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Posts: 17
Joined: Wed Jul 02, 2014 7:30 am

Re: Refusal! Apply again or appeal?

Post by blinkyboy » Tue Aug 12, 2014 11:11 am

The letter from the Town Hall was translated - states I am in a "registered partnership" at a particular address in this country. The start date of this relationship is 2008 (however that part of the document is in Dutch). The other documents are in Dutch.

The refusal states: "...you have provided no other documentation at all. Therefore you have not established that you are in a subsisting relationship with your sponsor, or that you have been living together in a relationship similar to marriage or civil relationship for a period of at least 2 years".

I have received conflicting advice from immigration agents and lawyers about fresh application vs appeals. I am extremely concerned about having this refusal on my record. I travel a lot for work and don't want to have to declare this all the time.

*One claimed that a fresh application will "cure" the old one and I wont have to declare this refusal to the UK or elsewhere anymore (seems wrong).
* One said even if I appeal I will have to declare this, but in a slightly stronger position with an appeal if I win.
* Differing advice on whether I can submit further documentation for an appeal.

anyone know any good lawyers?!

Help!

SoHopeful
Senior Member
Posts: 948
Joined: Wed Sep 16, 2009 11:01 pm

Re: Refusal! Apply again or appeal?

Post by SoHopeful » Tue Aug 12, 2014 2:23 pm

blinkyboy wrote:The letter from the Town Hall was translated - states I am in a "registered partnership" at a particular address in this country. The start date of this relationship is 2008 (however that part of the document is in Dutch). The other documents are in Dutch.

You’ll need to provide a certified translation of any documents that are not in English or Welsh.

The refusal states: "...you have provided no other documentation at all. Therefore you have not established that you are in a subsisting relationship with your sponsor, or that you have been living together in a relationship similar to marriage or civil relationship for a period of at least 2 years".

I have received conflicting advice from immigration agents and lawyers about fresh application vs appeals. I am extremely concerned about having this refusal on my record. I travel a lot for work and don't want to have to declare this all the time.

*One claimed that a fresh application will "cure" the old one and I wont have to declare this refusal to the UK or elsewhere anymore (seems wrong).
* One said even if I appeal I will have to declare this, but in a slightly stronger position with an appeal if I win.
* Differing advice on whether I can submit further documentation for an appeal.

Once you have been refused a visa it must be declared whenever asked, regardless of any future visas that may be granted. My understanding is a successful appeal is the only way to avoid this.

You can submit further information as long as it is in regards to your circumstances prior to applying.


anyone know any good lawyers?!

Help!

blinkyboy
Newly Registered
Posts: 17
Joined: Wed Jul 02, 2014 7:30 am

Re: Refusal! Apply again or appeal?

Post by blinkyboy » Tue Aug 12, 2014 2:32 pm

Thank you!

Any lawyer recommendations please?

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