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Tier 1 Dependent Visa rejected

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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adityak77
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Tier 1 Dependent Visa rejected

Post by adityak77 » Fri Jul 23, 2010 11:57 am

Refusal of Entry Clearance for my wife ( dependent Tier-1 visa)

The decision

You are applying to join Mr XXXXXXX, who you claim is your husband, in the UK. You have submitted a marriage certificate and some pictures that show that you married in XXXX . There is no proof at all that you have been in a relationship with your claimed spouse or that the relationship is still subsisting. Given that you have been married for X years I would expect there to be significant evidence of your claimed lives together. There is nothing at all to satisfy me of any intervening devotion between you. There is no proof that this is a genuine relationship. I am not satisfied that the marriage is subsisting at the time the application was made or that it is the intention of both parties to live together for the time of your sponser's stay in the UK.

I have therefore refused your application because I am not satisfied , on the balance of probabilities , that you meet all the requirements of the above paragraph(s) of the Immigration Rules.



I have an right to appeal here.


NOTE:- I am still In India and not travelled to UK on Tier-1, plus the documents submitted were My wifes bank statements (Our address,which is the same as address on my passport). My wife's passport has her old Mumbai address and has retained her maiden name.

All this was made clear in the cover letter. Still a REFUSAL in her case.


:cry:

geriatrix
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Post by geriatrix » Fri Jul 23, 2010 12:08 pm

Reading this topic may be helpful.


regards
Last edited by geriatrix on Fri Jul 23, 2010 12:59 pm, edited 1 time in total.

destiniation_london
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Post by destiniation_london » Fri Jul 23, 2010 12:54 pm

I'm sorry to hear about you aditya...

am also a bit worried abt myself...my wife very recently applied for dependant visa.

We got married only couple of months back and i submitted marriage certificate , around 10-11 wedding photographs and also my travel itinerary of visit to india for marriage....

I hope that would be sufficient....as we lived only around 10-20 days together in India after which i'd to return back to UK to resume work - we do not have any other proof of living together..
so, am just hoping these would be fine .... lets see

adityak77
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Post by adityak77 » Fri Jul 23, 2010 1:20 pm

sushdmehta wrote:Reading this topic may be helpful.


regards
What are my chances for an appeal? Me and my wife are staying together since 2 yrs .

What more evidences should I submit to satisfy our living relationship?

I am totally confused whether to appeal or reapply/ And even If I reapply what else should I submit other than a wedding card, few marriage photos and a marriage certificate.

gotcha
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Re: Tier 1 Dependent Visa rejected

Post by gotcha » Fri Jul 23, 2010 1:37 pm

adityak77 wrote: There is no proof at all that you have been in a relationship with your claimed spouse or that the relationship is still subsisting.
I think you are just little unfortunate. Probably, a recent photograph of both of would have done work. Actually, document requirement in this area are vague,and often cause genuine applicants to suffer.
destiniation_london wrote:
am also a bit worried abt myself...my wife very recently applied for dependant visa.

destiniation_london , this is very bad online forum manners. You are highjacking original post.

prisat
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Post by prisat » Fri Jul 23, 2010 1:47 pm

:oops:
Disclaimer :

I am not from a law firm or an attorney who provide Consultation for Immigration to UK.
Information that i provide is not the same as legal advice or legal advises. Use the message (s) and information at your own risk.

destiniation_london
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Re: Tier 1 Dependent Visa rejected

Post by destiniation_london » Fri Jul 23, 2010 2:02 pm

adityak77 wrote:Refusal of Entry Clearance for my wife ( dependent Tier-1 visa)

The decision

You are applying to join Mr XXXXXXX, who you claim is your husband, in the UK. You have submitted a marriage certificate and some pictures that show that you married in XXXX . There is no proof at all that you have been in a relationship with your claimed spouse or that the relationship is still subsisting. Given that you have been married for X years I would expect there to be significant evidence of your claimed lives together. There is nothing at all to satisfy me of any intervening devotion between you. There is no proof that this is a genuine relationship. I am not satisfied that the marriage is subsisting at the time the application was made or that it is the intention of both parties to live together for the time of your sponser's stay in the UK.

I have therefore refused your application because I am not satisfied , on the balance of probabilities , that you meet all the requirements of the above paragraph(s) of the Immigration Rules.



I have an right to appeal here.


NOTE:- I am still In India and not travelled to UK on Tier-1, plus the documents submitted were My wifes bank statements (Our address,which is the same as address on my passport). My wife's passport has her old Mumbai address and has retained her maiden name.

All this was made clear in the cover letter. Still a REFUSAL in her case.


:cry:
Which VFS centre did you apply from?

gotcha
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Post by gotcha » Fri Jul 23, 2010 2:05 pm

indianinworld wrote::oops:
What I meant is, you are diverting OP's problem. How you will feel, if you are seeking help on your problem, and somebody constantly poke in to that thread with their own problems.

destiniation_london
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Post by destiniation_london » Fri Jul 23, 2010 2:11 pm

gotcha wrote:
indianinworld wrote::oops:
What I meant is, you are diverting OP's problem. How you will feel, if you are seeking help on your problem, and somebody constantly poke in to that thread with their own problems.
i apologise, that wasn't my intention..

destiniation_london
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Post by destiniation_london » Fri Jul 23, 2010 2:26 pm

I just don't understand, the guidance clearly says if in doubt they are free to do verification checks , so in OP's case, they could (should) have done check to see if they are really married rather then turning down application on their instinct....

Also, they got to respect and recognise the marriage certificate issued by local authority...that's the biggest proof....i understand you can easily make and have such certificates...but...still....

geriatrix
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Re: Tier 1 Dependent Visa rejected

Post by geriatrix » Fri Jul 23, 2010 2:49 pm

destiniation_london wrote: Which VFS centre did you apply from?
Is this relevant to the query or the issue at hand?

regards

adityak77
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Re: Tier 1 Dependent Visa rejected

Post by adityak77 » Fri Jul 23, 2010 4:23 pm

destiniation_london wrote:
adityak77 wrote:Refusal of Entry Clearance for my wife ( dependent Tier-1 visa)

The decision

You are applying to join Mr XXXXXXX, who you claim is your husband, in the UK. You have submitted a marriage certificate and some pictures that show that you married in XXXX . There is no proof at all that you have been in a relationship with your claimed spouse or that the relationship is still subsisting. Given that you have been married for X years I would expect there to be significant evidence of your claimed lives together. There is nothing at all to satisfy me of any intervening devotion between you. There is no proof that this is a genuine relationship. I am not satisfied that the marriage is subsisting at the time the application was made or that it is the intention of both parties to live together for the time of your sponser's stay in the UK.

I have therefore refused your application because I am not satisfied , on the balance of probabilities , that you meet all the requirements of the above paragraph(s) of the Immigration Rules.



I have an right to appeal here.


NOTE:- I am still In India and not travelled to UK on Tier-1, plus the documents submitted were My wifes bank statements (Our address,which is the same as address on my passport). My wife's passport has her old Mumbai address and has retained her maiden name.

All this was made clear in the cover letter. Still a REFUSAL in her case.


:cry:
Which VFS centre did you apply from?

VFS Pune

adityak77
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Post by adityak77 » Fri Jul 23, 2010 4:29 pm

Coming back to my question.

What are my chances? What more evidences do I show? Landline/ Electricity bills but they are all on my name . Property Tax - that's also on my name.

Unfortunately we don't have a joint account. My bad.

My only hope is

1. To Appeal
2. Apply again after a few months with a new passport (wife's) with name and address change.


What else can I do? Would an Immigration lawyer be of any help?

geriatrix
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Post by geriatrix » Fri Jul 23, 2010 4:29 pm

Please note that appeal, if given the right, may take months to reach a decision. Alternatively, you may apply again - with additional documentary evidence to prove a subsisting relationship.

See section 10 of Set (M) form for evidences UKBA requests for when someone applies for settlement in the UK on basis of marriage. Since you both are living together, you could use documents similar to ones mentioned therein to prove a subsisting relationship (for your appeal or new application).

Hope this helps. All the best.



regards

adityak77
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Post by adityak77 » Fri Jul 23, 2010 4:41 pm

sushdmehta wrote:Please note that appeal, if given the right, may take months to reach a decision. Alternatively, you may apply again - with additional documentary evidence to prove a subsisting relationship.

See section 10 of Set (M) form for evidences UKBA requests for when someone applies for settlement in the UK on basis of marriage. Since you both are living together, you could use documents similar to ones mentioned therein to prove a subsisting relationship (for your appeal or new application).

Hope this helps. All the best.



regards

I looked at section 10. Why doesn't UKBA /UKVisas publish a similar list for Dependents inital entry clearance ,than in the first place. It would have saved time, money and the agony of so many people

geriatrix
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Post by geriatrix » Fri Jul 23, 2010 4:43 pm

Life isn't that perfect!


regards

adityak77
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Post by adityak77 » Thu Sep 30, 2010 7:08 am

Just to update.

We got the visa stamped on 21st September and validity from that date.

Appealed on 5th August at BDHC Mumbai
Approval letter for visa grant - 26th August
Sent passport for visa vignette - 6th September
Received visa and original documents - 28th September

cheers2boss
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Post by cheers2boss » Fri Oct 01, 2010 10:44 pm

Congrats, so what have you written in the appeal?

niranjankumar
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Post by niranjankumar » Sun Nov 14, 2010 7:28 pm

Hi Aditya,
Congrats on winning your appeal.

Can you please let me know what documents you have submitted in your appeal?

Regards,
Niranjan.

prasad_s_rajendra
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Post by prasad_s_rajendra » Wed Dec 08, 2010 3:31 am

Hi Aditya,
Can you please let me know what documents you have submitted in your appeal?

Thanks and Regards,

vipinallen
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tier 1 dependant visa rejected

Post by vipinallen » Sat Dec 25, 2010 9:12 pm

Hi my wife's visa was rejected last month- reason was that the bank statement she provided didnt have the bank logo on it and my bank statement were a photocopy. althought the maintenance funds were from my wife's statements. Now can anybody please suggest me whether i should appeal with the new bank statemnts of hers or should submit a fresh new application. also if anybody know any solicitor in delhi to consult for this.
thanks

silverline
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Post by silverline » Sat Dec 25, 2010 10:13 pm

If it's just because of logo, go for appeal, but make sure you get statement of the same period with logo. I always recommend to appeal in tribunal.

Best of Luck!!

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