Tier 2 Dependant visa refused | Please help

[shoaibrehman]

Hi everyone,

I applied for my wife's visa from Pakistan in June this year and after a couple of months (and chasing the immigration department a few times) we have received a refusal.
The problem here is that the refusal letter says that we applied for Tier 4 dependant visa and the application was checked under tier 4 rules but this is total nonsense.

I double checked the completed application form that we submitted and that clearly states the visa category as Tier 2 general Parnter up to three years.

Secondly, despite providing the wedding photographs (which we thought would be sufficient - although they were not listed as 'required docs'), the visa officer said that he was not sure that the relationship was genuine because we did not provide any other evidence or proof of the relationship.

Now, what I need to know is why do you think that the application was considered as Tier 4 Spouse and what should we do now? We have been given an option to apply for an administrative review and we have applied for that already.

Has anyone else experienced the same issue? The AR processing time is 28 calendar days but is it possible to track it and get an earlier decision from UKVI?

Thank you everyone in advance.

[shoaibrehman]

Just to add here - the application was refused under para 319(C)(d)(e)

[vinny]

See also subsisting marriage.

[shoaibrehman]

Any help here??

[CR001]

Any help here??

Have you clicked on the link vinny provided?

[shoaibrehman]

Any help here??

Have you clicked on the link vinny provided?

I can't find Vinny's post. Can you reshare please?

[CR001]

See also subsisting marriage (click).

The blue underlined "subsisting marriage" is the clue.

[shoaibrehman]

See also subsisting marriage (click).

The blue underlined "subsisting marriage" is the clue.

Thank you for sharing the link again.

So, do you think the decision will be overturned in my case since I have offered them to provide whatever evidence they need from me in order to give the decision in my favour. What is the outcome normally? I have already applied for the administrative review and that's been accepted.

[ouflak1]

See also subsisting marriage (click).

The blue underlined "subsisting marriage" is the clue.

Thank you for sharing the link again.

So, do you think the decision will be overturned in my case since I have offered them to provide whatever evidence they need from me in order to give the decision in my favour. What is the outcome normally? I have already applied for the administrative review and that's been accepted.

Well you said that they think they refused a Tier 4 visa. So do you really want that overturned? I think this needs to be straightened out first of all. Make sure that they understand that they are dealing with a Tier 2 dependent application, this alone may be enough to get the decision in your favor with the correct visa.

[shoaibrehman]

Thanks. I hope it will be overturned and visa will be issued. I did point out this issue in the administrative review request.
Do you know how long does it take to get a response on AR? I know they said 28 Calendar days but can we get any thing sooner?

[ouflak1]

Thanks. I hope it will be overturned and visa will be issued. I did point out this issue in the administrative review request.
Do you know how long does it take to get a response on AR? I know they said 28 Calendar days but can we get any thing sooner?

I just don't know how you will be able to proceed if you are successfully are issued a Tier 4 visa despite the fact that your wife is clearly not a student. It just doesn't make any sense. I suppose she could then switch to the correct visa in country...?

And considering that she is not a student, and they refused because she is not a student, how will an AR be successful? I think you should get a lawyer and get the type of visa straightened out ASAP. That alone may be enough to get this mess cleaned up.