HSMP dependant visa-Unfairly turned down-Please help

[BABYCHIC]

Hi all, I was hoping if anyone could advise/shed some light on my case. L… The background information is this that I had been in the UK for 3.5 years on a student visa, I had initially applied to do a course in Banking but later switched to a diploma in Business administration and thereafter an advanced course in the same subject. However, I got married in the UK in May (this year) to my boyfriend of 8 years. My husband is presently in the UK on an HSMP visa and has one year before his extension. My student visa ran out in august but I came back to my home country a month before (i.e. July) and applied on the VAF1 Form as an HSMP dependant (non-settlement basis).

I submitted the following supporting documents along with my application form:

Marriage certificate and wedding card,COA approval pictures of us at the wedding and random ones we had over our 8 year long relationship Sponsor’s (husband’s) Letter of undertaking, Birth certificates (his &mine), notarised copies of his passport and ID card, husband’s HSMP approval letter, Husband’s employment ref. Letter, salary slips (6months), Bank statements (joint accounts),Utility bills, Residence property details, mortgage details, My educational qualifs. And a reference letter from my employer stating I’ve been working with the company for 2 years on a part-time basis etc.

After 2 months of waiting I finally heard back from the British post and unfortunately I was declined the visa on the basis that the ECO was confused with why I had changed from a banking course to that of a diploma in business administration, secondly there was a spelling error on the diploma certificate which I had not noticed at the time. Based on this the eco further stated that he did not think my application was credible and therefore is convinced (based on his assumption) that I will stay beyond the leave granted to my husband-paragraph 320 (21), 194 (V). Additionally, Eco says my application falls to be refused under paragraph 320 of HC 395-submission of a false document.

We were absolutely devastated especially since we were not expecting it. I am so angry that I was not even asked to an interview to clear their queries…especially with regards to my change of course. My certificate is 100% genuine as I have worked hard to achieve it-it is so disheartening that all this has happened. I have contacted my college and have asked them to issue me a new certificate and an apology letter. I am thinking of appealing however am confused as it may well be a very lengthy process. However, I am certain I meet all the immigration rules under the category of a spouse .I don’t see why I need to be penalised or questioned on what course I did whilst I was on a student visa etc…as long as I did everything legally. I just feel so upset more because my integrity is being questioned and the fact that I am living without my husband whom I have not been apart from for almost 3 years now. I would be very grateful if anyone could advise me on my options, if I have a good chance? as I think it was wrong for the ECO to turn down my application in the 1st place just merely based on his assumptions which had nothing to do with the immigration rules I had to meet. Please also feel free to make any suggestions on what grounds I could appeal on. Thanks in advance

[sammie121]

Seems unfair that you were not given a chance to clear the matter up , maybe if you have to re apply put a letter in explaining the concerns the eco had.