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Spousal visa Refused :(

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Marriage | Unmarried Partners | Fiancé | Ancestry

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foxymel1uk
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Spousal visa Refused :(

Post by foxymel1uk » Mon Jan 19, 2009 6:58 pm

Hi there my husband applied for a Spousal Visa at the New York Consulate on the 1st Nov 2008, he's 20 so we managed to apply before the new ruling came out, he had been previously denied entry to the UK 2 times 1 because of insufficiant funds 2. because they said he was here looking for work, both times he said he was here to vist myself his girlfriend and they even spoke to me to check on this but still denied him entry.

These are the reasons for refusal.........

Reason 1.........in order for me to be satisfied to grant you admission to the UK as a spouse of a settled British citizen in the UK, the UK Sponsor and the applicant have to be aged 21 or over.

We applied before the new ruling came out?

Reason 2........total income of 1,658, outgoings 876 leaving disposable of 782, cant ignore than its derived from public funds, i note you are unemployed and have failed to submit any bank statement. before you secure employment i am not satisfied you'll be able to maintain yourself and any dependants adequately without recourse to public funds, and your financial situation isn't enough to support 4 people

I stated and showed evidence of £2,000 saving i had but they didn't take this into consideration? we tried to get my husband employment but no one is willing to give a job to someone that isn't even in the country and doesn't know if or when he will get a visa allowing him to work?

Reason 3........Paragraph 281 (iii) requires that each of the parties intends to live permanently with the other as his or her spouse or civil partner and the marriage or civil partnership is subsisting. I have carefully considered the circumstances surrounding your application including the information supplied on the application form, documentation submitted in support of your relationship and your plans for establishing your relationship as spouses/civil partners in the UK. Based on the totality of evidence i am not satisfied that you have adequately been discharged the burden of proof and on the balance of probability, I am not satisfied that either of these requirements have been met.

I have to much to lose to enter into a fake relationship, i own my own home etc. Our relationship is 100% genuine and im so upset they have come to this conclusion :(

then it lists the reasons for my husband being refused entry when he travelled to the UK and all the things he did and says Based on the above leads me to question your relationship with your UK sponsor and whether your marriage is an alternate route to live in the UK permanently.

The decision paragraph says......I have refused your visa application on this occasion because i am not satisfied on the balance of probabilities, that you meet all the requirements of paragraph(s) 281.iii and 281v. This decision was made on the merits of this application. However, if you have a previous application and immigration history, this may have been considered.


Have i got any hope at all for appeal :(

vinny
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Post by vinny » Tue Jan 20, 2009 12:57 am

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foxymel1uk
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Post by foxymel1uk » Tue Jan 20, 2009 1:16 am

Regarding the financial situation they said i have 3 dependant children in the refusal notice and this is wrong i only have 2 dependant children?

I also sent in a floor plan of my home and pictures of where we would live together what else could i of done to prove the intention to live together? and also discussed why i wanted for us to live in the UK and not in the USA etc.

oldmantom
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Post by oldmantom » Tue Jan 20, 2009 1:17 pm

Being under 18 should not have had been a reason for refusing it. Me and my wife are in a similar situation (both under 21 & applied to the LA Consulate before change in age happened).

I contacted my local MP who wrote to Phil Woolas (Minister of State for Borders and Immigration) and I have a copy of the letter he sent back to my MP stating that as we had applied before the 27th our age would not be a problem. The letter also said the Mr Woolas had spoken to the Consulate-General to confirm that this would not have any impact on our application.

We are still waiting to hear back from the Consulate though.

Regarding intending to live together/your relationship - did you supply any evidence of this to them e.g. phone bills, emails, chat logs, letters/cards sent to each other to show that you've been in contact when apart or photos of the two of you together, letters from family members saying they had witnessed your relationship?

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Casa
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Post by Casa » Tue Jan 20, 2009 4:40 pm

You're going to find it difficult to get around the financial side. The ECO will have probably considered that £2,000 savings won't go very far if neither of you are working...i.e if your husband is unable to find work
within a short time, taking the present economic climate into consideration and if he has no particular work skills and employment history.

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