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Dependent (spouse) visa refusal.

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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samkma
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Dependent (spouse) visa refusal.

Post by samkma » Sun Dec 24, 2023 12:54 pm

Skilled worker dependent (spouse visa) has been refused with the following reasons any chance to have the decision overturned by an AR?
The agency insisted on submitting photographs of the wedding and it seems to be photo shopped by wedding photographer... There is a marriage certificate included still was refused on basis of the photograph.
Your application has been refused for the following reason(s):
Your application has been refused, because you do not meet: SW 27.1 which states;
SW 27.1. The applicant must not fall for refusal under Part 9: grounds for refusal.
In submitting your application you have confirmed that the information and evidence
submitted whether by yourself, on your behalf by a third party or automatically pre-
populated is complete and correct to the best of your knowledge and belief.

You have submitted your marriage photograph in support of your application.
However, checks made by this office and recorded in a Document Examination
Report (DER), show this document is not genuine. I am therefore satisfied false
documents have been submitted in support of your application.
I am satisfied on the balance of probabilities that you were aware this document had
been submitted and you knew it was not a genuine document because:
You submitted this document in support of your application via the self-upload portal.
You were therefore aware it was submitted in support of your application and it is not
credible that you would not have read or seen the document before uploading it.
The photograph is to support your claimed relationship with XXXXX which is
the basis for your application. The DER confirms this document is not genuine and
as it is relevant to your application I am satisfied it was submitted with the intention to
deceive.
As I am satisfied you have used deception in this application your application is
refused under paragraphs 9.7.2 of Part 9 and SW 27.1 of Appendix Skilled Worker of
the Immigration Rules.
Any future applications will also be automatically refused under paragraph 9.8.1(a) &
(b) with reference to paragraph 9.8.7(f) of the Immigration Rules for up to 10 years
from the date of this refusal.
“Impossible is just an opinion.”
.......Paulo Coelho

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Casa
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Re: Dependent (spouse) visa refusal.

Post by Casa » Sun Dec 24, 2023 1:28 pm

Does this involve either the image of you or your spouse being photo-shopped into the photograph? If so, what reason would the photographer have to do this? :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

samkma
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Re: Dependent (spouse) visa refusal.

Post by samkma » Sun Dec 24, 2023 1:48 pm

Casa wrote:
Sun Dec 24, 2023 1:28 pm
Does this involve either the image of you or your spouse being photo-shopped into the photograph? If so, what reason would the photographer have to do this? :?:
Yes the images were photo-shopped into a BG in various styles. Doesn't the marriage certificate suffice?
“Impossible is just an opinion.”
.......Paulo Coelho

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Frontier Mole
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Re: Dependent (spouse) visa refusal.

Post by Frontier Mole » Tue Dec 26, 2023 8:47 am

Unfortunately because the picture submitted is not “real” and it has been used to prove the wedding has taken place then the refusal would not be overturned by AR.

Your agent has probably managed to turn a fairly routine application into something you could struggle to overcome readily.

samkma
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Re: Dependent (spouse) visa refusal.

Post by samkma » Thu Dec 28, 2023 11:37 am

Frontier Mole wrote:
Tue Dec 26, 2023 8:47 am
Unfortunately because the picture submitted is not “real” and it has been used to prove the wedding has taken place then the refusal would not be overturned by AR.

Your agent has probably managed to turn a fairly routine application into something you could struggle to overcome readily.
Agree, there was no need for it at all, there is a valid marriage certificate from the Govt. authority. Can I just submit AR and explain the truth and ask to reconsider based on the marriage evidence rather than a wedding photo?
“Impossible is just an opinion.”
.......Paulo Coelho

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CR001
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Re: Dependent (spouse) visa refusal.

Post by CR001 » Thu Dec 28, 2023 11:50 am

AR is the process for when UKVI had made an error. In this case they have not made an error as a false document was submitted. AR is when ukvi consider the evidence submitted with the original application and obviously that includes the false photo so AR would fail.

AR is not for you to beg for reconsideration based in other documents and asking them to ignore the false document. You can't use AR to overcome this unfortunately, that is not what AR is for.

It is the applicants responsibility to ensure everything they submit is true and genuine. Even one false document amongst all genuine documents will result in a refusal like this.
Char (CR001 not Casa)
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samkma
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Re: Dependent (spouse) visa refusal.

Post by samkma » Sat Dec 30, 2023 2:23 pm

CR001 wrote:
Thu Dec 28, 2023 11:50 am
AR is the process for when UKVI had made an error. In this case they have not made an error as a false document was submitted. AR is when ukvi consider the evidence submitted with the original application and obviously that includes the false photo so AR would fail.

AR is not for you to beg for reconsideration based in other documents and asking them to ignore the false document. You can't use AR to overcome this unfortunately, that is not what AR is for.

It is the applicants responsibility to ensure everything they submit is true and genuine. Even one false document amongst all genuine documents will result in a refusal like this.
Thank you for your response CR001.

Is wedding photo a mandatory evidence to prove the marriage? doesn't the Marriage certificate suffice this?
“Impossible is just an opinion.”
.......Paulo Coelho

AmazonianX
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Re: Dependent (spouse) visa refusal.

Post by AmazonianX » Sat Dec 30, 2023 3:02 pm

samkma wrote:
Sat Dec 30, 2023 2:23 pm
CR001 wrote:
Thu Dec 28, 2023 11:50 am
AR is the process for when UKVI had made an error. In this case they have not made an error as a false document was submitted. AR is when ukvi consider the evidence submitted with the original application and obviously that includes the false photo so AR would fail.

AR is not for you to beg for reconsideration based in other documents and asking them to ignore the false document. You can't use AR to overcome this unfortunately, that is not what AR is for.

It is the applicants responsibility to ensure everything they submit is true and genuine. Even one false document amongst all genuine documents will result in a refusal like this.
Thank you for your response CR001.

Is wedding photo a mandatory evidence to prove the marriage? doesn't the Marriage certificate suffice this?
I can not outrightly rule it out as IMHO it should be provided. However even if it was not, you have tendered it a d can not withdraw now.
Hoping applicants take not of not using photoshopped or overtly enhanced or tampered with photos.

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Frontier Mole
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Re: Dependent (spouse) visa refusal.

Post by Frontier Mole » Sun Dec 31, 2023 12:14 am

There is no requirement to provide photographic evidence. It was in past years thought of as a positive and many couples provided them as well as a raft of other things, press cuttings, invite details and so on.

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