Tier 1 Depedant (Spousal) Refusal - Help needed - Urgently!!

[kunal parikh]

Hi

Could someone please help here.

I am Tier 1 General (HSMP) visa holder. I have recently got married on 21 June 2010 and i put up my wife's file on 22 June 2010. My all the papers were up to date.

However, my wife's visa were rejected on the grounds of stamp of marriage certificate being of a poor quality. we did not submitted any wedding pictures as it was not required and even VFS people in India did not tell us to do the same. we have received the right of appeal. The case worker has clearly mentioned that he is not satisfied that this relationship is subsisting or that I intent to live together in the UK, as required by paragraph 319C (d) and (e) of the immigration rules.

We are going to submitted the reception ceremony pictures and invitation card of the same which was held on 29th June 2010 along with receipt of the hall expense. We are also going to take a covering letter from the solicitor who has issued the certificate.

Do I need to submit my bank balance and all other documents again?
I dont know how does appeal system even work? I have received the guidelines where they only need any additional documents to support the case.

But I wonder as they did not ask for the passport so I don't know what they will do once I submit my application.

Could someone also share your views what else we need to put up to support the application?

Will appreciate your views and helps as we only have 28 days.

Thanks
Kunal

[sapvish]

I remember of similar other post. Does ur wife's passport have same address as urs? Sometimes this helps. But you have been married recently.. So i am not sure if your wife's passport has this.

You could furnish the details of phone calls made to each other's numbers. This will throw some light that you both knew each other before. Make sure to enclose your marriage photos and your valid marriage certificate.

I am not sure how long the appeal will take. If you are in a hurry you could reapply instead of appealing.

[adil2009]

Appeal always take longer time. better to reapply again and make sure you submit all the relevant documents this time which can make your application more strong. but still you can check with others members.

[batleykhan]

It would help if you give the full wording of teh refusal as per the notice rather than what you think they have refused you on.

It looks as though they are not happy that your marriage is genuine and that you intend to live together.

This is as a result because you have probally only got married recently, submitted the application shortly after marriage and probally has returned back to UK. I think you have been hasty and not give your application great thought and not provided correct documenattion. This is a result of such application.

You have one of two options:

Reapply with a fresh application making sure you get all the neccesary documenation and evidence about your marriage. I would not advise this as this can work out quite expensive however if you suceed your wife will be with you much quicker.

The other option is to appeal and provide evidence that your marriage is subsisting and that you intend to live together in UK. You only can hand in fresh documents on the reasons that you were refused.( eg wedding photos etc) You can not hand additional documenst in.

Providing you give good and valid reasons as well as back up documents for your refusal, there is a possibility that the ECM might overturn the decision ( could take 6 weeks) without it going to a full appeal hearing which can take 6 months or more.

Remember you have 28 days to appeal from day you recieved refusal not the date it was refused.

Read my articles in this link. It might give you some ideas and thoughts

Good luck as you will need it.

[mayursha]

Hi,

I am also facing the same issue. In my case, i had provided picture as well and even my salary slip and reference letter from my office which states my details with my home address.

I think they overlooked that my marriage certificate... i got married in december 2008 and the certificate was registered in march 2010.. and they might have thought I got married in March.

My question is, Batley - if i provide more photos and chats and details, is it possible to get her visa stamped in a month?

Kunal, dont worry - you can contact me if you're worried. I am going through the same thing.

[kunal parikh]

hi batley

thanks for your reply...

i found it helpful...i m planning to do appeal...as i will be submitting same papers for new application and appeal...so y not to go for appeal...how long does it normally take?

in the form its mentioned that if i submit the documents in india then it will be decided on paper basis only...will be decided on the addtional supporting documents...how does this work? is there any time limit before it goes into actualy tribunal...

kindly advise me the process for appeal...

thanks
kunal