I have my Indefinite Leave To Remain visa.
My fiancé recently applied to join me on the Spouse Settlement Visa - FLR (M).
Her application was refused.
Here is a summary of the contents of the refusal letter, and, my proposed arguments:
1. REASON FOR REFUSAL - Was Previously Issued A Visiting Visa To Stay For 180 Consecutive Days - Valid From 11/08/2004 To 11/08/2006. Overstayed Visa. Afterwards, She Put In Application For LTR On 29/07/2013, And, Again 01/10/2013. Case Officer Stated That She Submitted A Request For Reconsideration (Without New Grounds For Reconsideration) 3 Months After Her Application Was Decided
MY ARGUMENT - Section A319 Should Prevent Any Consequence Of A Previous Immigration Offence Prior To Applying Now
2. REASON FOR REFUSAL - She Studied In The UK & Obtained A B.Sc Degree On 06/06/2013. The Case Officer Said That Since She Did Not Hold A Student Visa & Hence, She Must Have Mis-Represented Her Immigration Status To The University To Gain Admission.
MY ARGUMENT - Her Guardian At The Time Enrolled Her For Her Secondary School & A Levels. My Wife Was Not Asked For Her Immigration Status When She Applied to Study At The University. She Applied Through UCAS & Was Not Asked About Her Immigration Status
3. REASON FOR REFUSAL - She Obtained An NI Card. The Only Reason To Gain An NI Number In The UK Is So That She Can Work, And That He Is "Satisfied That This Conduct Is Consistent With That Described As Her Having Contrived In A Significant Way To Frustrate The Intentions Of The Immigration Rules"
MY ARGUMENT -
![Shocked :shock:](./images/smilies/icon_eek.gif)
4. REASON FOR REFUSAL - The Case Officer Is Satisfied That She Has Previously Overstayed By 10 Years, Studied, Gained Employment When She Was Not Entitled To Do So. Therefore, He Has Refused The Application Under Paragraph 320(11).
MY ARGUMENT - Section A319 Should Prevent Any Consequence Of A Previous Immigration Offence Prior To Applying Now
5. REASON FOR REFUSAL - Case Officer States That He Is Not "Convinced" That Our Relationship Is Not Genuine. In Relation To Our Relationship, It Began On 11/02/2014, And, That We Were Married On 09/02/2015. Also, That We Last Saw Each Other 1 Day After Our Wedding On 10/02/2015. He Said That: He Expected To See "More Evidence" Because In A Genuine Subsisting , Supportive And Affectionate Relationship, There Would Be Evidence Of Regular Contact, Signs Of Companionship, Emotional Support, Affection, And, Abididng Interest In Each Other's Welfare, And, Well Being Throughout The Entire Duration Of The Relationship.
MY ARGUMENT - To Include Letter From Church Where We Met. This Will Verify Everything About Our Relationship In The Application
6. REASON FOR REFUSAL - As Supporting Evidence To Prove The Subsistence Of Our Relationship, We Provided A Marriage Certificate, Photographs, Lebara Phone Records, And, WhatsApp Messages
MY ARGUMENT - We Are Adding Letter From Church Where We Met Confirming The Information In Our Application
7. REASON FOR REFUSAL - The Case Officer Noted That The Phone Records Only Dated From 31/03/2015, And Show Limited Duration.
MY ARGUMENT - The WhatsApp Messages Are From August, 2014, And, The Phone Records We Provided Are From An Earlier Date Than That Specified By The Case Officer
8. REASON FOR REFUSAL - The Case Officer States That The Majority Of Our Pictures Were From Our Wedding Day. He Goes On To Say That We Say We Saw Each Other Every Day. But We Have "Not Provided" Evidence To Demonstrate This
MY ARGUMENT - We Included Pictures That We Took By Ourselves And With Friends In The UK. In our Appeal,We Are Including A Letter From Our Pastor In The Church Where We Met - To Confirm Information On Our Application.
9. REASON FOR REFUSAL - The Case Officer Also States That The WhatsApp Messages Only Show Contact From 29/12/2014
MY ARGUMENT - The WhatsApp Messages Are From August, 2014, And, Not The Date Stated By The Case Officer
10. REASON FOR REFUSAL - After Reviewing Evidence Provided To Prove Genuineness And Subsistence Of Relationship, Case Officer "Is Not Satisfied" That Her Relationship With Her Sponsor (Me) Is Genuine And Subsisting, Or That "We Intend To Live Together Permanently In The UK.
MY ARGUMENT - Letter From Church Where We Met. This Will Verify Everything About Our Relationship In The Application
Right Of Appeal - She Is Entitled To A Right Of Appeal Against The Decision Under Section 82(1) Of The Nationality, Immigration, And, Assylum Act 2002. If She Wishes To Appeal The Decision, Then, She Must Compete The IAFT-6 Notice Of Appeal Form. Should She Require Further Advice Or Assistance Please, Visit http://www.gov.uk/immigration-asylum-tr ... ide-the-uk