HSMP Tier-1 ,Dependent Visa refusal twice in last two months

[ra_ahul]

Hi,
I need an urgent help on this matter.

I moved to UK from USA five months back on HSMP Tier-1 Visa, stamped in Oct 2009 in USA.

I had applied for my spouse and child visa from Mumbai consulate in June, which got rejected saying my bank statement doesn't show my Full name. So the bank statement can not be considered as valid fund maintenance proof.

Instead of going for appeal for first rejection, to save time I decided to go for fresh application with proper bank statement and required maintainance fund. But this time also their visa got rejected under section 319C (d & e)

(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.

(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.

As first rejection was still in 28 days period , after 2nd refusal I appealed against first refusal.

Do you suggest me to go for 3rd time fresh application or I should got for 2nd rejection appeal.

Thanks in advance for your help.

[Bijuk]

go for 3rd time fresh applicatio

[ra_ahul]

Hi Bijuk,

Thanks for your response. If I go for 3rd time apply, dn't you think that it might lead to possibility of another rejection with 10 yr ban ?

[Bijuk]

Hi Bijuk,

Thanks for your response. If I go for 3rd time apply, dn't you think that it might lead to possibility of another rejection with 10 yr ban ?

not really ..but this time make sure u prepared well

try to search this forum for checklists ..prepare documments attach email and phone communication proofs etc

[santhoap]

Hi Rahul,

I am sorry for you on undergoing the pain. I have come across the similar situation. If you are ready to wait for 2 months then go for appeal. For the second rejection, I would suggest you to go for appeal by sending required proof for maintaining the relationships.
1. phone bil
2. email
3. if you made travel to home, show the tickets, photos during the visit
4. chat scripts with webcam screen shots
5. if u have joint account then bank statement

Check the forum, you will get more proofs. If you r ready to spend then go for fresh application.

[vinny]

possibility of another rejection with 10 yr ban ?

10 year ban is applicable if there was deception.

[ra_ahul]

Thanks guys for your responses. I am thinking to go for fresh application. I have already spent twice for two dependents (spouse and child) , But looks like there is no other way to bring my family in UK in shortest time.

[manish_b10]

Hey Rahul,

Need to talk to you mate. I am in UK as well and need to file for my wife and son. Can you please share your contact details?

regards,
Manish
0774 892 3566

[manish_b10]

Marriage certificate is a valid proof of relationship, right??

[ilrtier1]

hi rahul
my bank statements also dont show full name. I dont know what to do?
It shows first letter of first name and family name only. Not full name.
Is there any extra letter from bank can be used to prove the full name?
Any idea?
Thanks

[ra_ahul]

ilrtier1, You shouldbe fine even with your last name on statement. It should not be an issue.

Manish,
Marriage certificate is acceptabe but now ECO also looking for relationship proof with spouse. At least I got my second rejection on that basis. But also I got married 3 yrs back. But better to submit subsisting relation proof as well. Policy 319C (d & e)

[sasaraIndia]

My wife's visa too got rejected by Mumbai BHC today due to similar reasons.


The decision says:

You have submitted a poor quality marriage certificate which is in an unusual format (to be checked by DVU) as such I am not satisfied that you are the spouse of a PBS migrant as required by 319C(b) of the immigration rules.

The only evidence that you have submitted as evidence of your relationship is this certificate of marriage dated 17th May 2011. This is the only evidence that you have submitted to show that this is a subsisting relationship. You have not provided no evidence to show that you have actually met. Nor have you explained how you met or how your relationship progressed to stage of marriage when he was living in the UK.

I was in India for 1 month from 1st of May to 30th of May 2011 for my marriage and my wife applied for a dependent visa on 9th of June. we had provided the marriage certificate, photo and wedding invitation card as proof of relationship. But the entry clearance officer is expecting more to prove that the relationship is subsisting. Unfortunately the visa clearance officer is not convinced that she is my spouse and intends to join her husband in the UK on a genuine basis.

Don' know what to do exactly at this point. Thinking of reapplying again next month with all the phone bills, chat scripts and all to prove that the relationship is subsisting.

[msk1977]

Hi All,

>> Marriage certificate is acceptabe but now ECO also looking for relationship proof with spouse. At least I got my second rejection on that basis. But also I got married 3 yrs back. But better to submit subsisting relation proof as well. Policy 319C (d & e)

what is subsisting relation proof ? Is there any specification for this ?

[ra_ahul]

MSK,

Subsisting relation prrofs are.
1) Joint bank account
2) Any document (Utility bill, phone bil etc) showing same address for you
and your spouse
3) Air tickets, travelled together.
4) Email/chat/phone communication proof.
5) Joint Health insurance / medical bills
6) A brief deatails about how you met ur spouse and when you got married.
7) Nominee proof from investment, mutual fund
8. Photographs in chronological order, clicked together.
9) Marriage certificate / Invitation card
10) Passport last page photocopy, if spouse name added in passport.
11) Birth certificate to prove you were above 21 yrs old at the time of
marriage (Even though passport shows date of birth)
12) Any other visa proof if stamped together in past.

And any other document to prove your relationship is genuine and not a fake marriage.

I am submitting all above evidences for my fresh application.

[sasaraIndia]

Hi Rahul,


Could you please advise me with regard to the marriage certificate.

I had provided the marriage certificate issued by local authority (Municipality, Kerala) as this is how it is done in Kerala for normal marriages (say under Hindu Marriage Act). Sub registrar will issue the certificate only under Special Marriage act in Kerala with 30 days notice period and further process. Is it same in your state also? Or Did you submit the certificate issued by sub registrar in your area?


As I mentioned above my wife's visa application got rejected saying that marriage certificate is in unusual format. please help.

[ra_ahul]

[i][color=blue][quote="sasaraIndia"]Hi Rahul,


Could you please advise me with regard to the marriage certificate.

I had provided the marriage certificate issued by local authority (Municipality, Kerala) as this is how it is done in Kerala for normal marriages (say under Hindu Marriage Act). Sub registrar will issue the certificate only under Special Marriage act in Kerala with 30 days notice period and further process. Is it same in your state also? Or Did you submit the certificate issued by sub registrar in your area?


As I mentioned above my wife's visa application got rejected saying that marriage certificate is in unusual format. please help.[/quote]
[/color][/i]

Hi, As far as your marriage certificate is original and shows Hindu marriae act on it , it should be acceptable as a valid document. Mine is issued by registar with photos of myself and my spouse.

Also you can add proofs of your relationship subsiting as I mentioned in last comment.

[sasaraIndia]

Thank you Rahul for your response. Highly appreciated!

[nionlight]

Thank you Rahul for your response. Highly appreciated!

Taking professional advice is a very good idea before lodging 2nd application for any kind of visa where there is a huge application fee is involved. Getting professional help may cost only 500+ or less, but by getting a rejection you have lost thousands. So before submitting 3rd application I would definitely suggest, you consult a professional consultant and do a thorough paper check. They can help you both for appeal as well as new application. do not risk another couple grand.

[ra_ahul]

[quote="nionlight"][quote="sasaraIndia"]Thank you Rahul for your response. Highly appreciated! [/quote]

Taking professional advice is a very good idea before lodging 2nd application for any kind of visa where there is a huge application fee is involved. Getting professional help may cost only 500+ or less, but by getting a rejection you have lost thousands. So before submitting 3rd application I would definitely suggest, you consult a professional consultant and do a thorough paper check. They can help you both for appeal as well as new application. do not risk another couple grand.[/quote]

Nionlight,
Thanks for your suggestion, I am already discussing my case with two immigration lawyers and preparing proper presentation for my 3rd Application.

[msk1977]

Rahul,

Can you please share advisor details if possible. Is it in UK or india ?

[vishsinghal]

Hi,

I have recently received my Tier 1 (general) visa and now wants to apply for my wife and child's VISAs. For wife's VISA I have all the documents but we do not have Marriage Certificate though we married 8 yrs back but never needed it. Although we have each others name in each other passport (her name as spouse in my passport and my name as spouse in her passport). In addtition I can give proofs of joint bank accounts, joint rent agreement, common address, photos, phone calls, childs birth certificate which has both of our names as parents etc.

So my issue is that whether in absence of Marriage Certificate, all other evidences would be admissible as proof of Marriage? Since am currently in London and Marriage certificate may take 1-2 months time, the entire VISA process will be stuck and delayed. Am in a major problem now. Any advise would help

Thanks
Vishal

[pmehta2811]

Hi Rahul,

We had the same reason for rejection both times. What are you planning to do now? R u appealing or making a fresh application? Are you seeking anyones consultation?

Let me know.