Dependant visa refusal { 319 C (b) }

[mnashish]

My wifes visa got rejected. The ECO says "I am satisfied that you have a subsisting relationship with you sponsor" but he subsiquently rejects it saying I have noprovided a valid marriage certificate.

In fact I had provided him with an original marriage certificate from Kerala it is on a 10 rupees letter head. There in it clearly states the marriage is as per "Kerala Hindu marriage registration rules Form no 3 (rule 14)". I had also provides a notaries (attornies) stamp paper with my wifes and my photogragh stating we are married.

I frankly dont understand the reason this idot has refused my wifes visa. Other than just refusing for the fun of it.

I have been living in the UK since the past 3 years. Got married to my wife in Kerala and submitted the visa application at mumbai as that is where my parents and I live.

To me it is a clear case of oversite but I have been asked to go for an appeal whereas I feel this warrents an administrative review. I am reluctant to go for an appeal purely because of the time it can take. Could you pelase guide and tell me the best re course as I want my wife to be with me asap.

Thanks,
Ashish

[vinny]

An appeal is usually preferable to an administrative review, because new evidence may be considered.

[Lucapooka]

AR is only applicable to PBS migrant applications. PBS dependent applications are not covered by those rules. You will have appeal.

Administrative review is the process used to look at whether claimed points have been correctly assessed and therefore only applies to the main migrant. Applications for entry clearance made by dependants are not assessed on ‘points’.

[mnashish]

Thanks for your replies.
I had provided him with
1. An original marriage certificate from the state of Kerala it is on a 10 rupees letter head (Government letter head). There in it clearly states the marriage is as per "Kerala Hindu marriage registration rules Form no 3 (rule 14)".

2. A link to the online Government site with details proving the details can be viewed on the site

3. I had also provided an attorneys letter with stamp paper on Government paper with our photograph stating we are married. The attorney has sealed and signed this letter.

With the above proofs being submitted I fail to understand the reason for this rejection. I can think of two
1. The ECO overlooked this proof

2. They are looking at the marriage certificate but not considering it. This marriage certificate is legitimate and in pristine condition but does not have our photo. Could this be the reason?

What could they are looking for and what I can do to have a successful application and appeal.

[Lucapooka]

Your original question was about whether to appeal or go for an AR and I think we have solved that for you. An appeal can take up to six months but there may be an opportunity to reduce this to 8 weeks if the ECM review part of the appeal agrees that there has been an obvious error in the original decision. You'll have to make your case that the original documents are suitable or provide other documents that can show the validity of your marriage. Obviously, every country has its own approach to a valid and legal marriage so you may want to take legal advice on what is considered appropriate valid certification of marriage with respect to the country where you got married.

[mnashish]

Thank you. I guess you are correct I am out of my depth here trying to prove this certificate is geniuine. I am planning to go for legal advise, does anyone know of a good immigration lawyer?

[vinny]

See also Any good law firm recommendation?