Should I appeal or go for fresh case? Urgent help needed

[Manno1]

Dear All,

I am writing for an urgent help. I applied for Tier 1 Dependent visa on 30th November 2010 and today on 11th Jan 2011 I got my passport back with a refusal. I applied as a fiancee of the main applicant.

The list of documents we submitted is following:

1. Electronic bank statement stamped by bank plus a letter from bank authority.
2. Affidavit from my parents confirming our relationship.
3. Letter from the employer
4. Last 5 months pay slips
5. VAF 10
6. Covering letter from my and my fiance's side

In the covering letter we mentioned that we intend to marry after my arrival to UK and the sponsor will take the full responsibility to support me financially during my stay in UK.

In the refusal reason the HO has mentioned that "You have applied for an entry clearance as the spouse of a PBS migrant. I have considered your application against paragraph 319C of immigration rule. Any document you have supplied in support of your application have been considered and recorded. In support of your application you have submitted a bank letter and print out from Halifax bank. It shows that on 11/10/10 you held 276pounds, you applied on 30/11/10. Therefore you have failed to provide any evidence showing sufficient level of funds"


Now I believe there is misunderstanding because on electronic bank statement there are some transaction reference which they though as closing balance. I am thinking to apply a fresh case now. I thought they will refuse my application on the basis of relationship evidence but they didnt mention anything in refusal letter regarding that does that mean I should just apply for a clearly stated bank letter and rest of the documents should remain same ? What should I write in the covering letter? and do I need to change the dates of affidavits and employer letter because those are dated as of November 2010 when I applied. Do I need to get all documents updated?

Thank you very much for your help. I look forward to hear from you soon.

[mulderpf]

You have not proven that you have been in a subsisting relationship for at least 2 years. An affadavit from your parents or a letter stating your intention to marry is not sufficient evidence.

Sufficient evidence would have been:

* Joint letters proving that you have lived together
* A will from one or both parties
* Life policies with eachother named as beneficiaries
* Proof of joint ownership of properties
* Detail billing proving calls to each other

Or similar type of documents. How long have you been in a relationship?

Then of course there's the problem with the bank statement, but I believe that's fairly straight-forward to deal with. You will need to see whether you comply with the 2 years subsisting relationship rule though.

[Manno1]

Thank you for replying to my post. I understand that relationship evidence which was provided was not enough but they did not question that and gave me a right to appeal against my bank statement. Now if I proof them that my bank statement was ok and I had funds in the bank through out for 3 months then can I win the appeal?

[mulderpf]

I have considered your application against paragraph 319C of immigration rule. Any document you have supplied in support of your application have been considered and recorded.

Are you sure that this is not referring to something you mentioned in your letter or affadavit where you give them a reason to believe that you have not been in a subsisting relationship for 2 years?

If you believe that this is fine, you can appeal the decision based on this. You can definitely get them to reconsider the maintenance part, but they can then refuse you based on the proof of relationship if they so wish. They only need to give you a single reason for refusal each time.

It would depend on how much time and money you have. If you have the time, go for the appeal - it will take some time and it might fail. If you have the money, go for fresh application as you now know you need to supply all the correct documents too.

I cannot tell you if they will find that you supplied them with enough documentation in support of your relationship and they need not mention this if they refuse you based on something else.

Someone else can also comment on this and give their point of view.

[Manno1]

Thank you for your time. Well They have given only one reason for the refusal and my confusion is if I solve this reason of refusal will I be able to win the appeal or can they question my relationship evidence even when its not mentioned in the cause of refusal?

[mulderpf]

My understanding is that they can and have done it before, but I think someone else also needs to clarify if I am incorrect in this.

[vinny]

You should also show that you satisfy 319C(c).

[Manno1]

Relationship evidence has not been questioned in the refusal reason does that mean he was satisfied with given evidence of relation? Now I am going to send a full 4 months bank statement confirming funds and also a letter from bank stating that balance of 533 pounds has been in account consecutively for more than 3 months. What else should I include with an appeal form?

I shall be very thankful for your kind assistance.

[Manno1]

I am mentioning the complete written decision for your attention. Kindly guide me what documents I must send with appeal form? I am now thinking to send a complete bank statement of 4 months having balance of 533 pounds plus a bank letter stating clearly that balance of my account didnt fall during anytime of these 4 months. Is there anything else I need to submit with appeal form?

The Decision:

As laid out in Appendix E of Immigration Rules, you must show that you sponsor has available 533 pounds in available funds. In accordance with published guidance you are required to show that you have these funds for 90 days. Any bank statements or financial documents you are submitting to meet this requirement must be dated within one month of your application and must be in your name or that of your sponsor. you need to show evidence of 533 pounds in support of your application.

You have submitted a bank letter and print out from halifax bank. It shows that on 11/10/10 you held 276 pounds, you applied on 30/11/10 therefore you have failed to proof any evidence showing that your sponsor have these funds available. I am therefore not satisfied that there is sufficient level of funds available to you as set out in Appendix E. 319C (g). I have therefore refused your application because I am not satisfied on this balance of probabilities that you meet all of the requirements of the above paragraph(s) of immigration rules.[/u]

[geriatrix]

In addition to addressing the maintenance funds issue, it will be in your own interest that you provide adequate documentary evidence of a subsisting relationship (and for that matter, any other requirement) - to minimise the risk of refusal (again) for any reason(s).

Have you been living with your partner in a relationship akin to marriage for at least 2 years? - to qualify for entry clearance as a dependant of Tier 1 (General) migrant.


regards

[Manno1]

Yes we have. Can I submit the tenancy agreement of both of my and my fiance's name as a proof that we have been together for 2 years?

[geriatrix]

Yes, as one documentary evidence of cohabitation.

Refer to FRL(M) (Note 8, page 19) or SET(M) (Note 8, page 15) form(s) for examples of documentary evidences to prove cohabitation.


regards

[Manno1]

Thank you very much for your time. Should I send my bank statement and a rental agreement on both of our names with my appeal form. But what should I mention that why am I sending rental agreement because case worker has not questioned relationship evidence.

Please also tell me if my fiance who is on Tier 1 visa at the moment, can he sponsor me for a UK visit visa? and what will be the financing requiremnt for that?

Thank you very much!!

Kind regards,

[Greenie]

the UKBA can and will raise new grounds in an appeal so as others have advised you should provide evidence to show that you have been living together for two years.

As you have just been refused a visa to join your husband as his dependent they might not accept that you have an intention to return after your visit. In terms of the finance requirements you have to show that you have enough money to support yourself during your stay in the UK. there is no set amount you need.

[Manno1]

the UKBA can and will raise new grounds in an appeal so as others have advised you should provide evidence to show that you have been living together for two years.

As you have just been refused a visa to join your husband as his dependent they might not accept that you have an intention to return after your visit. In terms of the finance requirements you have to show that you have enough money to support yourself during your stay in the UK. there is no set amount you need.

Do you think a tenancy agreement on both of my and my fiance's name will be enough to show that we have been together for 2 years?

[Greenie]

Do you think a tenancy agreement on both of my and my fiance's name will be enough to show that we have been together for 2 years?

Not on it's own. You should also provide other documents in joint names - see the link on sushdmehta's post for examples.

[mulderpf]

Here's what I supplied for the proof of subsisting relationship:

* A few bills from both parties to show them going to the same address
* Proof of joint mortgages and a joint insurance statement
* A copy of our will (and I explained that the original is in a bank vault somewhere)
* Retirement annuity showing my partner as a main beneficiary
* Newspaper clipping I found where we did an article for a local newspaper
* Detail billing where I highlighted a few calls and texts to eachother
* A complete analysis of our passports and the stamps in there showing our joint holidays undertaken over the last few years

All in all I submitted 12 pieces of evidence just to be sure, spanning a period of 8 years.

Burden of proof lies with the applicant. Simply showing a tenancy agreement, I don't believe will be enough.