Spouse visa refused

[Olihasan]

Hi my spouse visa was refused november 2017 the reason was relaionship is not genuine and i applied again and refused again in may 2018 reason my job is not genuine and i made these payslips to meet the financial requirement tax is paid HMRC conformed interview was not correct refused it under (S-EC 2.2) false documents is that very bad will that effect fresh application in future .

[Casa]

Hi my spouse visa was refused november 2017 the reason was relaionship is not genuine and i applied again and refused again in may 2018 reason my job is not genuine and i made these payslips to meet the financial requirement tax is paid HMRC conformed interview was not correct refused it under (S-EC 2.2) false documents is that very bad will that effect fresh application in future .

You have posted your question in the EEA forum. What exactly have you applied for?

[Olihasan]

Sorry
Uk spouse visa i am a british citizen

[CR001]

Topic moved (where it is now).

[Casa]

Hi my spouse visa was refused november 2017 the reason was relaionship is not genuine and i applied again and refused again in may 2018 reason my job is not genuine and i made these payslips to meet the financial requirement tax is paid HMRC conformed interview was not correct refused it under (S-EC 2.2) false documents is that very bad will that effect fresh application in future .

....and were the documents you submitted false

[Olihasan]

No it wasn't but they are saying the documents are fake and job is not genuine i was working in my brothers company.

[Olihasan]

refused it under (S-EC 2.2) false documents is that very bad will that effect fresh application in future .

[Casa]

refused it under (S-EC 2.2) false documents is that very bad will that effect fresh application in future .

From the Immigration Rules (regarding future visa applications): Referring to your spouse:
"If an applicant has previously been refused entry clearance because a false document was used or a false representation was made, the applicant may claim that they were unaware that the document or representation was false.

Unless the applicant can prove this, they must be automatically refused under paragraph 320(7B) for 10 years from the date deception was used (unless paragraph A320 applies). Where the documents relate directly to the applicant (for example, employment references, qualifications or financial details), such a claim would be likely to fail unless the applicant has clear evidence that an error has been made (for example, written confirmation from a financial institution that they had previously supplied us with incorrect information)."

However, although 320(7B) may not apply for a spouse visa application, it may fail due to the following:
RFL5.2 When must I refuse under paragraph 320? wrote:
ECOs need to consider whether it is appropriate to refuse the applicant under paragraph 320(11) of the immigration rules where the applicant has "previously contrived in a significant way to frustrate the intentions of the Immigration Rules."

[Olihasan]

Could you please tell me specifically would this effect new application for my wife or not ?
Im going to appeal against it what if my appeal is dismissed that would make HO right and my documents and job would be not genuine so from there i make new application is it automatic refusal .?
Thanks

[Casa]

I can't tell you what the Entry Clearance Officer's decision will be. I've simply posted the relevant paragraphs from the official guidance for ECOs on the issues to be considered before refusing.

Your challenge is to prove that the employment and the documents submitted were genuine.

[Olihasan]

Thanks for the reply if they dont accept my clarification and say they still believe job is not genuine so the new application is going to be automatic refused ?
Thanks

[Casa]

I can't tell you what the Entry Clearance Officer's decision will be.

[Obie]

In cases like this, I always advise that the best way forward is for the person to appeal and prove their innocence.

[Olihasan]

Thank you all