china spouse visa for uk

jimquk · Post by **jimquk** » Mon Aug 13, 2007 12:52 am

Oops, sorry for multiple posting, it kept coming up with a server error message.

[Moderator edit (John) : I have now deleted your excess posts.]

Wanderer · Post by **Wanderer** » Mon Aug 13, 2007 12:56 am

jimquk wrote:Oops, sorry for multiple posting, it kept coming up with a server error message.

It's ok Jim, your post is based squarely on reality and benefits by duplication!

avjones · Post by **avjones** » Mon Aug 13, 2007 2:05 am

1) what is it the appeal board want to hear from me

The Immigration Judge (one of them, in straight-forward appeals) will judge the case. As the Appellant, your wife (you are the sponsor, she is the Appellant) must show that she meets the Immigration Rules. If you've not read the relevant sections of the rules, do so ASAP. THey are on the BIA website.

Does the refusal letter challenge things other than whether the marriage is genuine? Does it say they doubt accommodation, finances, etc?

If not, the matter comes down ONLY to intention to live in a genuine marriage. Don't forget, it's not your intention that's relevant here only, it's your wife's intentions.

2) which other uk citizen has been accused of a sham marriage, what happened?

Happens a lot in the Asylum and Immigration Tribunal. What happens depends on the case!

and 3) as i am being accused of a criminal offence how can i hold my accusers accountable?

You aren't being accused of a criminal offence. Presumably, you've not been arrested or cautioned? Then it's not a criminal matter, but an immigration one.

Your option is to appeal. You can't "hold them to account" in any other way. Their decision was open to them on the facts of the case.

bill40 · Post by **bill40** » Mon Aug 13, 2007 2:49 pm

Thank you for your responses. sorry for screaming before. i really had no idea my right to marry anyone of my choosing had been taken from me. i also had no idea Europeans in the UK have more rights than UK citizens. I will try appealing but i think you are right and i will lose. The irony of it all is that she would rather live in China. Looks like its a TEFL and teaching in a chinese university.

How did it come to this? Which way was i looking? Being forced to choose between my wife and country. And where are my human rights?

Post by **John** » Mon Aug 13, 2007 3:14 pm

i also had no idea Europeans in the UK have more rights than UK citizens.

They don't! They have no more rights than you do to live with your spouse in France, Spain, Greece, Finland or even Iceland ... or any of the other EEA countries.

I would have included Ireland in that list but there are currently great problems with the way that Ireland is interpreting the EU/EEA regulations, something that could well get dealt with by the European Court of Justice in due course.

sakura · Post by **sakura** » Mon Aug 13, 2007 4:36 pm

jimquk wrote:Oops, sorry for multiple posting, it kept coming up with a server error message.

There should be an "X" when you log in to view your posts; you can delete all unwanted posts (please do so! 4 in a row is confusing!). Or, if not, just edit and delete the whole thing.

sakura · Post by **sakura** » Mon Aug 13, 2007 4:41 pm

bill40 wrote:Thank you for your responses. sorry for screaming before. i really had no idea my right to marry anyone of my choosing had been taken from me. i also had no idea Europeans in the UK have more rights than UK citizens. I will try appealing but i think you are right and i will lose. The irony of it all is that she would rather live in China. Looks like its a TEFL and teaching in a chinese university.

How did it come to this? Which way was i looking? Being forced to choose between my wife and country. And where are my human rights?

Why do people scream human rights for all and everything? Yes, you do have a human right to a family life, but no, it doesn't mean bringing your wife over here WITHOUT sufficient proof that you are indeed in love and are a genuine couple. Otherwise Mr. X would bring 100 wives over just by arguing his 'right' to be with them.

So, please, stop dramatising this because they have not done anything against you! So before looking for a TEFL job, why not look to win your appeal? Otherwise valuable calories and kilojoules are being wasted on less important things.

Post by **John** » Mon Aug 13, 2007 4:55 pm

Indeed, just to add to that, why not get that TEFL job in France or elsewhere in the EEA, then apply for a permit for your wife to join you there. After 6 months living and being economically active in another EEA country (apart from the UK, that is) you qualify to apply to the UK under EU/EEA legislation .... the so-called Surinder Singh path .... named after the case at the ECJ which clarified citizens rights to use EU/EEA rights in their own country ..... as long as Treaty Rights have been utilised elsewhere first.

The point is that it is very much easier to get a permit under EU/EEA legislation than it is to get one under domestic legislation of a country.

limey · Post by **limey** » Mon Aug 13, 2007 6:47 pm

Hi Bill,
Don't tell the HO about the German visa. They wouldn't know anything about it.

Also, ignore certain tossers comments on this forum!

My Chinese wife was also refused with a reason of our marriage not being genuine. Which is total BOLLOX! Because she had spent over a year of her 2 year LLR out of the UK for personal and business reasons. We have also lived together 9 months in the UK.

Fortunately, I also have Irish citizenship and she will come into the UK on an EEA Family Permit and they can't stop it!

nonothing · Post by **nonothing** » Mon Aug 13, 2007 10:24 pm

SYH wrote:
nonothing wrote:i'm chinese too. sorry mate hearing your story.

from your posts, it does look she's trying to get a visa to the west. she was dating different guys from the west in different countries on the internet. she was happy to marry you even if you guys have only met once.

you say she's very traditional. but a traditional chinese woman dosen't do above things.
what do you mean they don't do these things.
Arranged marriage is very traditional, this is what it amounted to.

1. if you read it carefully enough, you would find the "above things" didn't include arranged marriage.

2. in china, in those areas where people have regular internet access, arranged marriage only happened more than half a century ago. most of the "traditional" chinese women back then didn't date at all. they simply accepted the arranged marriage and lived with it.

nonothing · Post by **nonothing** » Mon Aug 13, 2007 10:34 pm

bill40 wrote:does anybody here know anything? any case law, any experience? any bloody anything?

do you actually achieve anything other than wallow in someone else's misery. what bit of the word help dont you understand?

sorry, mate.

no one here wallow in someone else's misery. instead, they're trying to give you advice to get you out of it, although you might not see it that way.

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china spouse visa for uk