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Spouse Visa refused - preparing for appeal - please help

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jag20
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Posts: 20
Joined: Mon Jun 16, 2014 9:39 pm

Spouse Visa refused - preparing for appeal - please help

Post by jag20 » Mon Nov 23, 2015 8:47 pm

Hello,

sadly and unfortunately spouse visa got refused due to following reasons:

1) toeic proxy issue
2) previous divorce letter didn't submitted
3) marriage don't feel like genuine due to (in the form I wrote we know each other since early last year) but only provided communication docs from March 15.

for point one, applicant left country voluntarily and spouse visa exempt from re-entry ban so we will be covering through article 8 with strong wordings etc.

for 2) we will submit divorce letter

for 3 ) unfortunately I cannot provide itemised bills from jan 14 because I am with EE and I didn't know they don't provide itemised bill until you activate itemised billing for £1.55 per month.

So am gathering friends and family statements & pictures for it ( any more thoughts ideas would be really appreciated) .

we will be be putting reconsideration during appeal,

please can someone advise what check-list do I need to go through/submit in the appeal?

Many Thanks
J

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Spouse Visa refused - preparing for appeal - please help

Post by Wanderer » Mon Nov 23, 2015 8:53 pm

Think it's pointless appealing, the refusal seems to be justified.

1. Art. 8 won't apply. Was a proxy used? Deception is taken very seriously and no end of appeals would right that wrong.

2. Down to you I'm afraid.

3. Gather as much as you can, emails, photos together, joint hotel booking etc. As much as you can.

All hinges on point 1. though for me.......
An chéad stad eile Stáisiún Uí Chonghaile....

jag20
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Posts: 20
Joined: Mon Jun 16, 2014 9:39 pm

Re: Spouse Visa refused - preparing for appeal - please help

Post by jag20 » Mon Nov 23, 2015 9:02 pm

Wanderer wrote:Think it's pointless appealing, the refusal seems to be justified.

1. Art. 8 won't apply. Was a proxy used? Deception is taken very seriously and no end of appeals would right that wrong.

2. Down to you I'm afraid.

3. Gather as much as you can, emails, photos together, joint hotel booking etc. As much as you can.

All hinges on point 1. though for me.......
proxy - that's what they say but it wasn't proved and wasn't right too, we went to upper tribunal but been advised that because we are getting married, so leave the country voluntary and come back as spouse, we took this advise.

lets assume if it was true, does that mean I can never reunite with my wife? where are the human rights now.

ahhh - am scared now..

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Spouse Visa refused - preparing for appeal - please help

Post by Wanderer » Mon Nov 23, 2015 9:13 pm

jag20 wrote:
Wanderer wrote:Think it's pointless appealing, the refusal seems to be justified.

1. Art. 8 won't apply. Was a proxy used? Deception is taken very seriously and no end of appeals would right that wrong.

2. Down to you I'm afraid.

3. Gather as much as you can, emails, photos together, joint hotel booking etc. As much as you can.

All hinges on point 1. though for me.......
proxy - that's what they say but it wasn't proved and wasn't right too, we went to upper tribunal but been advised that because we are getting married, so leave the country voluntary and come back as spouse, we took this advise.

lets assume if it was true, does that mean I can never reunite with my wife? where are the human rights now.

ahhh - am scared now..
You can relocate to her county or a third country, so the argument is there are choices for you, unpalatable as they might seem.

I'm not sure how the TOEIC thing is being dealt with, one would prepose that the burden of proof is on them to prove guilt, not you to prove your innocence.

Wait for others, they'd know more than me......
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Spouse Visa refused - preparing for appeal - please help

Post by Obie » Mon Nov 23, 2015 10:54 pm

I think you should appeal the decision. The issue of the genuineness of your relationship needs to be addressed. Deception cannot be invoked on spouse application but 320(11) could.

I still believe there is a good prospect of success on appeal.
Smooth seas do not make skilful sailors

immigrant786
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Posts: 5
Joined: Wed Aug 12, 2015 11:09 pm

Re: Spouse Visa refused - preparing for appeal - please help

Post by immigrant786 » Thu Nov 26, 2015 10:47 pm

Hi Jag20

When was the TOEIC Certificate obtained?

jag20
Newly Registered
Posts: 20
Joined: Mon Jun 16, 2014 9:39 pm

Re: Spouse Visa refused - preparing for appeal - please help

Post by jag20 » Sun Nov 29, 2015 7:26 pm

I think it was 2012

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