Appeal effect on Sponsor visa

[sheraz_aries]

I am on Tier 1 general visa and applied for my wife as dependant. Her application got rejected forcing 320A – the homeoffice claim that the wedding certificate is not genuine. We appealed against the decision because the marriage is 100% genuine.
Following the refusal the documents hold by homeoffice are the "original marriage certificate" and "sponsor supporting letter"

Although I am confident that I will win the appeal but was wondering incase I lose it then would it affect my Tier 1 extension?

Thanks

[sheraz_aries]

Any body?

[geriatrix]

It is not you but your wife who will win / lose the appeal. She is the one, and not you, who is accused of providing a document that is considered not genuine by UKBA.

[sheraz_aries]

Much appreciated your reply...

It just make me doubt that why homeoffice doesnot return the sponsor letter I wrote with my signature on and they also kept the "marriage certificate" when my signature are present aswell

Thanks

[sheraz_aries]

DOes anybody came across something similar?

[mvent00]

DOes anybody came across something similar?

What did you say/provide in appeal to prove that the marriage certificate is genuine?

[sheraz_aries]

We did not create any false document. Actually we registered the marriage certificate to local council as per law, but for some reason details were not forwarded to other relevant department (by council)therefore on enquiry no reords were found and homeoffice believe it a false document. While its not the case as it was the responsibility of the council to update their records. After refusal when we tried to contact council they said that yes the records were not forwarded but they have done it now and got it registered in their system. On requested they issue a "registration certificate" says that the wedding certificate is now been registered.

What you think about the appeal outcome?

[mvent00]

We did not create any false document. Actually we registered the marriage certificate to local council as per law, but for some reason details were not forwarded to other relevant department (by council)therefore on enquiry no reords were found and homeoffice believe it a false document. While its not the case as it was the responsibility of the council to update their records. After refusal when we tried to contact council they said that yes the records were not forwarded but they have done it now and got it registered in their system. On requested they issue a "registration certificate" says that the wedding certificate is now been registered.

What you think about the appeal outcome?

If you have submitted the registration certificate from council, saying that marriage has been registered now, it should be counted as a supporting document, and I think your chances are more for a successful appeal.

[sheraz_aries]

We did not create any false document. Actually we registered the marriage certificate to local council as per law, but for some reason details were not forwarded to other relevant department (by council)therefore on enquiry no reords were found and homeoffice believe it a false document. While its not the case as it was the responsibility of the council to update their records. After refusal when we tried to contact council they said that yes the records were not forwarded but they have done it now and got it registered in their system. On requested they issue a "registration certificate" says that the wedding certificate is now been registered.

What you think about the appeal outcome?

If you have submitted the registration certificate from council, saying that marriage has been registered now, it should be counted as a supporting document, and I think your chances are more for a successful appeal.

Thanks alot

[mvent00]

I forgot to quote this from the link that "Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, or if it is in support of grounds unrelated to the scoring of points under the points-based system". That is why I believe you have bright chances, good luck!

[sheraz_aries]

I forgot to quote this from the link that "Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, or if it is in support of grounds unrelated to the scoring of points under the points-based system". That is why I believe you have bright chances, good luck!

Thanks for mentioning that. But this wont apply on dependant applications right?

And secondly I dont think that it restrict you to provide furthur evidence like marriage certificates, call records as it clearly says "if it is in support of grounds unrelated to the scoring of points under the points-based system"

Please correct me if i am wrong on both points mention above.

[mvent00]

I forgot to quote this from the link that "Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, ....!

Thanks for mentioning that. But this wont apply on dependent applications right?

And secondly I don't think that it restrict you to provide further evidence like marriage certificates, call records as it clearly says "if it is in support of grounds unrelated to the scoring of points under the points-based system"

Please correct me if i am wrong on both points mention above.

Yes, you are right, and what I meant was that the council certificate will support the fact that marriage certificate was genuine.

[sheraz_aries]

I forgot to quote this from the link that "Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, ....!

Thanks for mentioning that. But this wont apply on dependent applications right?

And secondly I don't think that it restrict you to provide further evidence like marriage certificates, call records as it clearly says "if it is in support of grounds unrelated to the scoring of points under the points-based system"

Please correct me if i am wrong on both points mention above.

Yes, you are right, and what I meant was that the council certificate will support the fact that marriage certificate was genuine.

Thanks

[Greenie]

I forgot to quote this from the link that "Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, or if it is in support of grounds unrelated to the scoring of points under the points-based system". That is why I believe you have bright chances, good luck!

this is not a points based application. the link you have posted relates to changes in the law on points based system appeals only.

[mvent00]

I forgot to quote this from the link that "Any new evidence submitted at an hearing for the first time after 23 May 2011 will only be allowed if it is being used to prove, for example, that a document originally submitted was genuine, or if it is in support of grounds unrelated to the scoring of points under the points-based system". That is why I believe you have bright chances, good luck!

this is not a points based application. the link you have posted relates to changes in the law on points based system appeals only.

Yes, but the point that I have mentioned (i.e., providing supporting document) is covered under general appeal procedures. Please see this.

[sheraz_aries]

Guys although i did ask earlier but was wondering if someone could put some more lights on...

ALthough i am sure that i will win appeal but in case if i lose then would it effect my Tie 1 General extension as the marriage certificate also got my signature on?

[sheraz_aries]

Guys although i did ask earlier but was wondering if someone could put some more lights on...

ALthough i am sure that i will win appeal but in case if i lose then would it effect my Tie 1 General extension as the marriage certificate also got my signature on?

Anyone?

[sheraz_aries]

Anybody?