HSMP Refusal - Impasse !!!

[surap]

I received the refusal from HSMP, under the pretext that I dont qualify for the 10 points that I have claimed under skilled partner.

Reason being: In addition to marriage certificate, they also want three forms of documents (Utility bills etc.) that cleary states that we have the same address on the bills for last two years.

So I want some clarification under this

When they say "Skilled Partner"
and if married then does it not suffice that the spouse is graduate and highly skilled?

It is not possible for all the couples to provide the documents that share the same address on the utilities bill because for people from different countries many a times it so happens that one spouse is studying here in the UK while the other one is in his/her home country ... and if the course is for 2 years then thats it because then we wont be able to give any kind of documents under that clause !!!

Does anyone have an answer/suggestion/idea to this kind of impasse to overseas students ??

Should we appeal and how?

[MWazir]

The guidance notes dont give you too much scope as they clearly state

7.6.3 If you are applying as a married couple you must supply a marriage certificate/ licence plus three items of correspondence of the kind, or from the sources, listed below, which have been addressed to you and your spouse over the past two years, and which clearly show that you have been living together at the same address. If you have not received any such correspondence that is addressed to you both, jointly, it is acceptable to provide two items addressed to one of you and one item addressed to the other partner so long as they show the same address.

Do you have any correspondance addressed to your spouse at your home country? What about things like joint bank accounts, insurance etc?

One way of appealing is to write them a letter and explain to them that you are unable to provide joint utility bills etc because your spouse is pursuing higher studies in the UK while at the same time you working in your home country. Also provide them a copy of the visa on which your spouse is currently staying in the UK. I am not sure if your appeal would be successful on that basis, but the onus is on you to convince them.

[surap]

Dear Mwazir,

Thank you very much for your reply.

Yes, it is clearly stated that they need to have 3 forms of documents for proof that we are staying together.

I have been doing full time MBA here in Manchester for last two years and we were married one and half years ago. However, she joined me just recently 6 months back.

However, you have suggested something wherein we can appeal which was not quite clear.

I will be greatful if you could elaborate on it please

Many thanx

Surap

[MWazir]

I have been doing full time MBA here in Manchester for last two years and we were married one and half years ago. However, she joined me just recently 6 months back.

surap

Unfortunatly the guidlines also state that you should be married for atleast 2 years at the time of the application. From your earlier post I thought you were married for over 2 years but were living apart because of your overseas education. In my opinion, your appeal will be considerably weakened by that.

[try-one]

You need to comply with the 24 month rule, one and a half is not good enough and I assume you applied a few months back so it would be even less time as a married couple.