powdra wrote:Hi,
I am currently in a similar situation and would like to ask your opinion on it. I will briefly describe my position and then ask a question.
I am the Ukrainian spouse of the UK citizen, we got married in London in June this year after having known each other for 4 years and being in relationship for 2. We then applied for a family settlement visa and have received the refusal with the right to appeal. My husband meets all financial and accommodation requirements.
The following were listed in the refusal letter as missing supporting documents:
- Appendix 2 VAF4A (we just missed it as it was a separate form)
- No evidence of sponsor's immigration status (we did not send a copy of my husband's passport)
- No evidence that our relationship is genuine and durable and we intend to live together in the UK (my previous Marriage Visitor visa was issued on the grounds of our relationship so we assumed it will not be required this time)
- no evidence of sponsor's previous marriage being dissolved (Decree Absolute was submitted to general registry office and marriage was registered in the UK, we did not think it would be required again)
- fail to provide some specified documents about sponsor's employment such as bank statements, letter from employer, P60 (again, my two previous visas were granted based on his income and employment, so we only submitted 6 months payslips, however he is in a full time employment earning above the required minimum)
- no evidence of accommodation (he owns the apartment which he does not share with anyone and it has been used as commendation when I successfully applied for my previous visas, we submitted annual Council Tax bill only this time).
I understand that the list of missing evidences seems too long and it is our fault. I therefore have one question: would you recommend to appeal and provide all the missing evidences (which we have) or to reapply paying 1k fee again? What are our chances and which route is the quickest?
Thank you.
Hi
Sorry to hear that they refused you. From what I understand, an appeal is based upon the documents submitted at the time of appeal. Because you missed all of the above, it would be best if you reapplied - it would be quicker and your chances of success will be better.
However, a word of warning.
The biggest issue I had was proving I was party to a genuine and subsisting relationship. You will need to provide overwhelming evidence to prove this is the case - this can be photographs, texts, visits etc etc.
The reason why I say this is because whilst the other documents are either meet or don't meet the requirements, providing evidence of a relationship can be difficult.
You want to be in a position where there is no doubt you are in a genuine relationship. Therefore, I would focus heavily on this and ensure there is more than enough evidence of this.
Hope that helps...
IA
