Tier 4 Dependent Visa Refusal Questions

[CreyGold]

My wife recently applied for a Tier 4 Student Visa and at the same time I applied as a Tier 4 General Partner. Her application was accepted and she was granted clearance, mine was refused.

The letter of refusal states the following;

"You have applied as a Tier 4 General Partner of (Wife's Name), however, you have not provided any evidence that you are the spouse of a Tier 4 migrant. I am therefore not satisfied that you are the spouse or civil partner, unmarried or same-sex partner of a person who has valid leave to enter or remain as a Relevant Points Based System Migrant, or is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant.

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules."

The letter goes on to say that I am entitled to appeal against the decision under section 82(1) of the Nationality, Immigration and Asylum Act of 2002 and that I must complete the attached IAFT-6 Notice of Appeal Form (which was not attached to the paperwork).

When compiling all of the documents required for the Visa's we neglected to include a copy of our marriage certificate as it was not listed as one of the required documents. My question is, is a copy of our marriage certificate sufficient evidence of our relationship to grant my clearance, or do I need to include other proof of our marriage in the appeal? If so, what?

We are also on a bit of a time crunch and I can not find any information on how long this appeal process takes once the documents are submitted. Does anyone have an estimate?

Finally, when trying to fill out the IAFT-6 Notice of Appeal form online (they say it takes less time if done online) I am taken to a page that lists my options for which form to fill out. If I select: I have received a refusal decision dated after 6 April 2015 on: - An application for leave to enter ; or - An application for entry clearance ;... it takes me to an IAFT-2 form.

If I select, I have received an appealable decision on any other application and the decision is dated on or after 6 April 2015, it takes me to the IAFT-6 form but asks if my appeal is of a Human Rights decision or an EEA decision, neither of which are accurate.

So what form do I fill out?

Thank you so much for you time and I look forward to your response. Thanks!

[CR001]

You should have submitted your original marriage certificate to prove your status.

Appeals can take well over a year. Quicker to reapply.

[Sir Murphy]

According to the advice given to you by the Moderator, it is better to re-apply as appeal can take ages to complete. Submit your marriage certificate, relevant family picture and other documents like correspondence/letters showing the same address as the main applicant and lastly make sure your provide current bank statement showing nine months maintenance funds. Wish you the very best of luck.

[sah10406]

relevant family picture and other documents like correspondence/letters showing the same address as the main applicant

These would only be necessary if there is likely to be any question that the applicant meets these parts of paragraph 319C

(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(e) The applicant and the Relevant Points 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.

[Sir Murphy]

relevant family picture and other documents like correspondence/letters showing the same address as the main applicant

These would only be necessary if there is likely to be any question that the applicant meets these parts of paragraph 319C

(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(e) The applicant and the Relevant Points 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.

Thanks for your observation, I agreed with you all the way. Stay bless.

[felixfelicis]

CreyGold,

My wife and I are in the exact same situation, down to the appeal form not being attached. Did you ever get this resolved, and how so? We're finding no help from the consulate or UKVI.

Our current plan is to reapply and include the marriage certificate, though we hate to spend so much money again. If you reapplied, did you include anything other than your marriage certificate?

Thanks so much in advance!

[sah10406]

We're finding no help from the consulate or UKVI.

Their role is not to help you, but to process the application. If you need advice, contact an independent immigration adviser.