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Spouse visa refused - need advice regarding proof

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Marriage | Unmarried Partners | Fiancé | Ancestry

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marc1234
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Joined: Sun Jan 03, 2010 4:39 am
Location: Melbourne, Australia

Spouse visa refused - need advice regarding proof

Post by marc1234 » Sun Jan 03, 2010 5:04 am

My partner had her spousal visa refused in September for the following reasons," While you have provided some documentary evidence that supports a claim of you being in a relationship with the sponsor, this evidence does not support you being in a marriage type relationship for a period of two years or more.

Of all the documents we provided they only accepted ones that proved we had been living together for 18 months. During this period we have lived in shared accomodation, does anyone know if this will still be recognised as living together in a marriage like situation? We are not sure if the above reasons refused our visa becsuse
a) we did prove the time requirements
OR
b)we did not prove the relationship type requirements
OR
c)both

we will be reapplying in a couple of months time by which time we will have met the time requirements going by the first date of the documents they accepted, but obviously if our relationship is not considered of a marriage type this will just be refused again. We need to know whether the only way to have the application granted is to get married before reapplying.

Any advice would be much appreciated.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Jan 03, 2010 7:17 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ElenaW
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Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Sun Jan 03, 2010 12:19 pm

In this shared accomodation, if you have a room for the sole use of just the two of you, then it's fine and is strange if that was one of the reasons for the refused application.

Wait, did you apply for a spousal visa or an unmarried partner visa? it sounds like you're not married. If you're not married, you have to have 2 years of solid proof of cohabition.
I tell it like it is.

marc1234
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Posts: 6
Joined: Sun Jan 03, 2010 4:39 am
Location: Melbourne, Australia

Post by marc1234 » Mon Jan 04, 2010 6:13 am

To Boulevardofbrokendreams,

You're right, we are not married - we are applying for an unmarried partner visa - sorry should have clarified that. My partner is Australian and i am from Scotland.

Do you know what the requirements are to get a spousal visa? I can only find the settlement spousal visa, which requires you to be married for four years before applying.

Thanks for your help!

marc1234
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Posts: 6
Joined: Sun Jan 03, 2010 4:39 am
Location: Melbourne, Australia

Post by marc1234 » Mon Jan 04, 2010 6:22 am

To Vinny,

Thanks so much for those links to the ukvisa website! Ive been on that site hundreds of times but never come across those docs to help employees process applications.

From those links though it sounds like the application will just get refused again as we don't have three pieces of evidence of joint commitment that have been held for a minimum of three years, only one joint lease that goes back that far. We have three joint bank accounts in three different countries and tonnes of bills in our names...but these are not two years old.

Do you know what the application process would be if we were married?

Thanks again!

ElenaW
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Posts: 1525
Joined: Wed Oct 07, 2009 11:14 am
Location: Back and forth between California and Norwich :D

Post by ElenaW » Mon Jan 04, 2010 10:11 am

To get a spousal visa you would need proof of genuine relationship(marriage certificate,emails, letters, phone bills, pictures, etc...), suitable accommodation(1 bedroom flat for a couple), and show that you will not be using public funds. You need to have £100.95/week left after paying your rent and council tax.

check this out http://londonelegance.com/transpondia/spouse/
I tell it like it is.

vinny
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Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Jan 04, 2010 10:36 am

marc1234 wrote:Do you know what the application process would be if we were married?
Married partner may apply for a spouse visa, subject to the maintenance and accommodation requirements.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

pvattorney
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please hear me out! spouse visa got rejected...what next???

Post by pvattorney » Wed Jan 06, 2010 10:08 pm

we had a registered civil marriage on 1 oct as soon as my husband came to india on 30 sept and applied for the settlement visa. didnt submit any pictures of the registered marriage...only the original marriage certificate. we did click a few pics at my house before going to court for our registered civil marriage but forgot to include these pics with my application.

we had a wedding party in india after a week on 8th oct and went on our honeymoon in india and clicked lots of pics. but all this happened only after i submitted my visa application with only our marriage certificate as proof.

later my visa got rejected even though I had submitted my original marriage certificate of our registered civil marriage on 1 oct, 2009 on the grounds that my husband was not with me at the time of my marriage on 1 oct and i have never met my sponsor. plus we were under 21 years of age (this despite submitting our marriage certificate and passports showing our birth dates).

now confused whether to re-apply or appeal. what do u think we should do?

We are planning to go all out for our 2nd visa application or appeal. Are these supporting documents sufficient for our 2nd settlement visa application or appeal??:

1. Applicant’s passport
2. Settlement Visa Application Form VAF4A
3. 1st Refusal of Entry Clearance Notice dated ___ ref. No. _______
4. Applicant’s birth certificate (certified true copy) (showing further evidence of Applicant’s date of birth)
5. Applicant’s Income Tax PAN (Permanent Account Number) Card (original) (showing further evidence of Applicant’s date of birth and residential address)
6. Applicant’s driving license (original) (showing further evidence of Applicant’s residential address and date of birth)
7. Applicant’s father’s passport copy (evidencing father’s given name, family name, date of birth, place and country of birth and nationality) (attested copy)
8. Applicant’s mother’s notarised passport copy (evidencing mother’s given name, family name, date of birth, place and country of birth and nationality) (attested copy)
9. Applicant’s university certificate (original) (evidencing Applicant’s English language proficiency)
Sponsor’s documents (My Husband’s Documents):
10. Sponsorship undertaking form – form SU07/01
11. Copies of the Sponsor’s passport (attested)
12. Copies of the Sponsor’s passport (attested) depicting visa stamps of his travel to India in February 2009, July 2009 (for our engagement) and sept 2009 (for our wedding)
13. Copy of Sponsor’s Birth certificate (showing further evidence of his date of birth) (attested)
14. P60 (original)
15. Pay slips (original)
16. Bank statements – six months (original)
17. Copy of savings statement (ICICI)
18. Employer’s letter (original)
19. Copy of Mortgage Deed
20. Mortgage Statement (original)
21. Property Survey copy
22. Utilities’ bills (original)
23. Copy of land transaction return certificate
24. Copies of passports of Sponsor’s mother and father (attested)
25. Sponsor’s airline tickets to India (February 2009, july 2009 and sept 2009)
26. Sponsor’s OCI (Overseas Citizen of India) Card copy (attested)
Other Documents:
Evidence of Applicant’s income:
27. Bank statements (take statement)
28. Copies of fixed deposit certificates (attested)
29. Copies of national savings certificates (attested)
30.Original demat statement showing Applicant’s shares
Evidence of relationship of Applicant and Sponsor and contact between Applicant and Sponsor:
31. Marriage Registration Certificate (original) issued by the Registrar of Marriages, India
32. Photographs of Applicant and Sponsor taken at the Applicant’s house after their registered civil marriage
33. Invitation cards of the religious marriage ceremony and reception party dated 8th oct, 2009 in India of the Applicant with the Sponsor sent by the Applicant’s father and the Sponsor’s father
34. Photographs and video DVD of the religious marriage ceremony and reception dated 8th oct, 2009 in India of the Applicant with the Sponsor
35. Photographs and video DVD of the reception party of the Applicant and Sponsor
36. Banquet hall payments receipt of the religious marriage ceremony and reception party of the Applicant and Sponsor
37. Caterer’s payment receipts for catering for the religious marriage ceremony and reception party of the Applicant and Sponsor
38. Photographs and video DVD of the engagement party dated July, 2009 of the Applicant and Sponsor
38. Banquet hall payment receipt of engagement party dated July, 2009 of the Applicant and Sponsor
39. Applicant and Sponsor’s Email extracts (print out)
40. Applicant’s mobile phone bill extracts since March 2009 (print out)
41. Sponsor’s international calling card extracts
42. Photographs of Applicant and Sponsor taken at Applicant’s friend’s birthday party in July 2009 when Sponsor was in Mumbai, India
43. honeymoon photographs and airline e-tickets of the Applicant and Sponsor
44. Sponsor’s credit card statements evidencing payments made by Sponsor (see highlighted parts) of the hotel where the Applicant and Sponsor stayed after their marriage on 8th oct), payment of bill of hotel where the Applicant and Sponsor stayed when on their honeymoon and payment for airline tickets. (highlight details)

please help me out!!! u think all this will help if we apply again???? can u think of any more additional docs???

worried about only 1 thing...the pics and video and all the proof that i have is only after the registered marriage that happened a week before...does all this proof still count??

the only proof that we have to show that my husband was in india at the time of our registered civil marriage is the marriage certificate, visa stamps on his passport showing his arrival in india on 30 sept and 9-10 photos taken at my house before going to court. is this enough?????

please hear me out!!!!!!!!!!!!!!! i would be really grateful to hear from u soon as i am too stressed out and lost all hope!!!!!!!!!!! :-(
boulevardofbrokendreams wrote:To get a spousal visa you would need proof of genuine relationship(marriage certificate,emails, letters, phone bills, pictures, etc...), suitable accommodation(1 bedroom flat for a couple), and show that you will not be using public funds. You need to have £100.95/week left after paying your rent and council tax.

check this out http://londonelegance.com/transpondia/spouse/

marc1234
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Posts: 6
Joined: Sun Jan 03, 2010 4:39 am
Location: Melbourne, Australia

Post by marc1234 » Fri Jan 15, 2010 1:30 am

I would advise you to ring the Immigration Advice Line (IAS) http://www.iasuk.org/home.aspx. The call costs 30 pounds but i found them helpful to find out exactly what documents were necessary. We are now going for a spousal visa and were told we need to get a property inspection report for the house we intend to occupy and certified title of the deeds to the house from the owner. Not sure what you need if you are renting the property. Id give them a call and find out.

pvattorney
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Posts: 10
Joined: Fri Dec 25, 2009 6:16 am

hi! thanks!

Post by pvattorney » Fri Jan 15, 2010 4:15 pm

Hey! Thanks for your inputs! I will try and get in touch with these guys!

One more question...do they judge whether our relationship as husband and wife is genuine if I started living with my husband around a week or 10 days after my marriage? Bcos after our simple marriage, we had another elaborate wedding ceremony and only after that we moved in together.You think I should clarify this?

marc1234 wrote:I would advise you to ring the Immigration Advice Line (IAS) http://www.iasuk.org/home.aspx. The call costs 30 pounds but i found them helpful to find out exactly what documents were necessary. We are now going for a spousal visa and were told we need to get a property inspection report for the house we intend to occupy and certified title of the deeds to the house from the owner. Not sure what you need if you are renting the property. Id give them a call and find out.

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