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Wife's visa rejected - lack of evidence on subsisting marria

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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frnd4u81
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by frnd4u81 » Tue Feb 21, 2017 5:21 pm

I think if satisfaction about your marriage was the only issue, they ought to have put you on notice and invite presentation.
That would have been perfect if they asked for an interview or additional documents to dispel their doubt rather than making a decision based on presumptions.
Furthermore I found it troubling that the decision maker , not sure if it was your case or another, was treating the application as a visitors visa and said your wife will not return.
I checked if there was a mistake in the application. But it is not the case. The application is for Tier 2 general partner only.

It was not a paid service by the Solicitor. Thank you for sharing your views.

frnd4u81
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by frnd4u81 » Tue Feb 21, 2017 8:10 pm

Furthermore I found it troubling that the decision maker , not sure if it was your case or another, was treating the application as a visitors visa and said your wife will not return.
@Obie
Are you referring to below? Yes, this was last para of "decision" section in the refusal letter.
I am not a legal expert. To satisfy this point what documentary evidence should I provide?

------------------------------------------------------------
I consider that you have not provided any satisfactory basis upon which I might asses your circumstances or the likelihood of your intention being to leave the UK on the completion of your proposed visit. I am not satisfied that you are genuinely seeking entry to the UK for the period stated or that you intend to leave.

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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by Obie » Tue Feb 21, 2017 8:22 pm

Very problematic basis. Seem like the decision maker was not aware what he or she was doing..
Smooth seas do not make skilful sailors

frnd4u81
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by frnd4u81 » Tue Feb 21, 2017 8:34 pm

I am posting the first paragraph of The decision section as well.
@obie
---------------------------------------------
The decision
You are applying to join your husband "So and So" as his Tier 2 (General) Partner and paragraph 319C(d) and (e) of the immigration rules state:
"The marriage or civil partnership, or relationship similar to marriage or civil partnership must be subsisting at the time the application is made. The applicant and the relevant point based system migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK"
As an evidence of your marriage, you have submitted a marriage registration certificate which shows you got married on XXYYZZZZ. Whilst I accept that your marriage took place, I am also required to be satisfied that your marriage is subsisting.
I acknowledge that your marriage may be a traditionally matched marriage and it is usual for this type of marriage to occur in India but I must be satisfied that you intend to live with your sponsor as husband and wife once you are in the UK. You have provided no evidence to show why you and your sponsor were matching by your families, an explanation as to why you both considered the union to be a good match.
If this is not a traditionally matched marriage then I would expect to see evidence of how you met, the development of your relationship and of your life together before and after marriage. Whilst you have submitted screenshots of internet calling history, these have been printed by you and therefore little weight is given to them. You have provided no satisfactory evidence of how you are supported in India or that you are supported by your spouse in the UK. I am not satisfied that you have demonstrated that your marriage is subsisting or that you intend to live together as your sponsor's spouse throughout applicant's stay in the United Kingdom.
I consider that you have not provided any satisfactory basis upon which I might asses your circumstances or the likelihood of your intention being to leave the UK on the completion of your proposed visit. I am not satisfied that you are genuinely seeking entry to the UK for the period stated or that you intend to leave.
I have therefore refused your application because I am not satisfied, on the balance of probabilities that you meet all the requirements of the relevant paragraph of the UK immigration rules.

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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by seagul » Tue Feb 21, 2017 9:49 pm

After reading again the refusal wording now I do believe that caseworker was aware regarding the fact that subsisting relationship evidences usually are very limited in case of arranged marriage. But caseworker has invented a new but uniquely baseless excuse that if it's arranged marriage by parents then how they, you and your partner think that it's best match and caseworker want to know why you both arranged by parents was best match for each other?? But still it covers under arrange marriage.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by Obie » Wed Feb 22, 2017 9:43 am

My point of law is this. If the evidence they required is no a mandatory evidence, that as a matter of law, evidence flexibility require that the applicant be afforded an opportunity to serve further evidence to dispel any legitimate concerns that the ECO may hold, in failing to do this, the ECO erred in law.
Smooth seas do not make skilful sailors

frnd4u81
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by frnd4u81 » Wed Feb 22, 2017 8:44 pm

system is cruel and inhuman.

frnd4u81
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by frnd4u81 » Sun Feb 26, 2017 4:58 pm

Dear All,
My wife's mobile number is in my father in law's name. I have been calling her in the same mobile number from the courtship period to till date. When re-applying, I want to submit my call logs. However, the call logs of her mobile has her father's name. The landline is in her mother's name.

Could you please suggest whether I should ask my father-in-law to prepare an affidavit, that my wife has been using his mobile SIM? Or can she prepare an affidavit, that the pay-monthly mobile is in her father's name and she is using? I don't know legal aspects to this.
However, I am keen to provide call logs (mine and her number) to prove that we have been in constant communication throughout.

I have suggested her to buy a new SIM in her name immediately and I will be using the new number henceforth.

Please advice. Many thanks once again.
frnd4u

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seagul
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by seagul » Sun Feb 26, 2017 6:40 pm

Best is to transfer the number into your wife name which I think outside UK in most other countries is so easy maybe at nominal charges.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

frnd4u81
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by frnd4u81 » Mon Feb 27, 2017 9:32 am

Thank you seagul

frnd4u81
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by frnd4u81 » Mon Mar 13, 2017 5:24 pm

Dear All,
This forum and others experience has been very big support for me. Many thanks to everyone.

My wife will be reapplying this week. We have comprehensively built a case with many documents right from first conversation of arranged marriage till date. Without taking any chances, we are giving literally everything that we could present as an evidence including certain private things (e.g my diary with letters).

I have a strange question. Last time when my wife submitted her application in VFS, they were reluctant to accept documents which are not in A4. I felt furious when she narrated later (after rejection) that they didn't have facility to scan invitation card (smaller than A4) and asked her to take photocopy (black and white machine only available) and then submitted it. They did not allow wedding photo album and hence she had to remove the photos from folders. No control over in what order the photos were scanned.

Given that these are important piece of evidence which couldn't be produced "as is" in original condition to the case worker, I feel the whole process is just a scandal,lacks transparency. She is now carrying colour copies of many additional documents if VFS refuses to accept the original. I am pushing her to give the original (and not the colour copies).

We have prepared a very detailed covering letter narrating all the verifiable facts from arranged marriage proposal, marriage and continuing relation. We have prepared a detailed list of documents grouped them into different categories and highlighted it in the list for the case work to spot the documents quickly. My mother in law was bed ridden for few months and the marriage had to be performed in a very simple manner. We have provided my motherinlaws medical certificate as well.

Last time my wife mentioned that VFS staff were speaking among themselves that there were too many documents to scan when she submitted.
I have firmly instructed my wife (poor little), that she needs to firmly communicate that "we are resubmitting after refusal and have been advised to submit all the documents as they are important" and not yield to VFS staff when they say 'these documents are not needed'. Applying to UK is her first experience. My wife is smart, well educated, proactive and takes initiative.

Please give any tips to me (or to her) on ensuring that we are able to submit the documents we want (how many ever pages be it).
This is a bit of a strange question. Given that we have faced a blunt refusal and no scope of additional documentation allowed, we require guidance/advice on "how to ensure that all documents are being submitted to UKVI". We don't have any control over whether all pages are getting scanned properly by VFS. Some documents are back to back and some are single sided. Please advice.

I only pray that the application goes to a case worker who is not a stereotype who has the brain to distinguish a fake case from genuine (please excuse me for this statement).

>>Off-topic
Does UKVI conduct audits of VFS facility before rolling out large scale policy change e.g scanning documents instead of physical?
UKVI/VFS minting money and cannot have a colour photocopy machine is simply ridiculous and unacceptable to me. VFS anyway charges for photocopy machine usage.

The agony for the past one month is beyond words. We hope the ordeal ends soon.
Many thanks to everyone.

AES90
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by AES90 » Thu Apr 06, 2017 11:58 am

Hi,

Any update to this?

Thanks

frnd4u81
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by frnd4u81 » Mon Apr 10, 2017 4:25 pm

Submitted application... Waiting.

mk0183
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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by mk0183 » Mon May 01, 2017 12:09 pm

Any update on this?. My wife just refusal letter saying similar thing.

Thanks

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Re: Wife's visa rejected - lack of evidence on subsisting ma

Post by mk0183 » Mon May 15, 2017 2:23 pm

Any update on this?

Does dependent need to take IELTS or any English test?

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