Marriage Visa help please..is anyone in my situation????????

diehard · Post by **diehard** » Sat Nov 12, 2011 11:19 am

Hi was in UK , got married and came back for entry clearance and my visa was refused , can anyone please tell me how do I appeal in mumbai india or shall I directly post the IAFT2 form sent to me in UK. I rang VFS and they say they do not take appeals, so I am confused as some people say that they have appealed to the ECO in their post.any help will be appreciated

Post by **vinny** » Sat Nov 12, 2011 11:31 am

APL01 - Appeal procedures.

diehard · Post by **diehard** » Sat Nov 12, 2011 12:36 pm

Thanks a lot

diehard · Post by **diehard** » Sat Nov 12, 2011 9:37 pm

I went to Uk for studies , then switched to unmarried partner visa as i was in relationship with a UK citizen, at the end of my 2 year qualifying period my relationship broke down and i applied for discretionary leave which was refused , i appealed and the judge dismissed it and while my appeal was in progress i fell in love and got married with another British citizen, after my appeal was refused i came back and applied for spouse visa which was refused------
the reson given was i overstayed for 5 months as they could not find record of my appeal!!!!!!!!!! i did have all the paperwork but i assumed that apppeal ref number would be sufficient....
and the other reason was they gave that i had informed them my relationship broken down!!!!! thats not what it was, my relationship with my wife has never broken down
my questions-
1)is my case so hard to understand
2) i have all the papers to prove i did not overstay a single day
3) what do i do next, appeal , solicitor , fresh application?
Pleaseeee help me
Thanks
3)

diehard · Post by **diehard** » Tue Nov 22, 2011 7:13 pm

anyone senior would like to help so I can post my ful refusal letter here please???

manohar26 · Post by **manohar26** » Wed Nov 23, 2011 2:49 pm

Please post ur full refusal letter ....

diehard · Post by **diehard** » Fri Nov 25, 2011 9:20 am

diehard · Post by **diehard** » Fri Nov 25, 2011 9:30 am

Please can anyone senior/moderator advise me on my case--

1) my case has been misunderstood completely

2 )They could not find record of my appeal which is shocking as i went for a oral hearing in august 2011 !!!

3) letter from very reputed letting agent and elec , water bills have been overlooked, it was always just me and my wife in the flat, although i decided not sending tenancy agreement which is in my wife's name (i accept thats my fault)

4)we showed 20 thousand pounds cash balance in our bank acc( not joint names, separate accounts ) since last 2 years plus mine and my wife's payslips so where is the questn for public funds..

Post by **John** » Fri Nov 25, 2011 10:57 am

I think the main problem is this. You are no longer able to submit new evidence for the appeal hearing. That is, the appeal hearing is to decide whether the decision of the ECO was reasonable on the basis of the evidence available to the ECO.

Accordingly, and I do realise there is a cost implication to this, I think that a new application should be made, but this time the evidence submitted should be comprehensive, and certainly cover all the points made by the ECO.

diehard · Post by **diehard** » Fri Nov 25, 2011 12:08 pm

Thanks John, but i did very clearly specify my appeal ref no in my application, so if i just give the tribunal letters now, will that be counted as separate evidence?

Post by **vinny** » Fri Nov 25, 2011 12:20 pm

I believe that new evidence is still possible for non-PBS appeals, subject to 85(5)(b).

diehard · Post by **diehard** » Fri Nov 25, 2011 12:40 pm

Thanks Vinny

my question is
1)if i have given them proof that i did not overstay

2) explain them that i was granted unmarried with other girl and not my wife, so my relationship was never broken and infact the judge had suggested i go india and come back as spouse of my new partner

3) tenancy agreement, phone bills and joint utility bills and more photos of us of subsisting marriage

i have addressed all the 6 issues to my best, can they raise any other issues, i mean can they come up with something completely new which is not in refusal?

squish1 · Post by **squish1** » Sat Nov 26, 2011 8:53 am

I think the issue here is less about the overstay and more about the fact that you haven't submitted anywhere near enough information to demonstrate a bona fide subsisting relationship. Likewise a full property inspection needs to be carried out - the ECO has flagged this too.

An overstay isn't a death knell for a spouse settlement visa application (and I would know, my wife was recently granted her settlement visa despite a previous overstay and removal from the UK) but what will kill the application outright will be not demonstrating the strength of the relationship and the fact that there is suitable accommodation and funding to live in the UK without recourse to public funds. The ECO has implicitly outlined his/her concerns - I would address those as a matter of priority and then you are in a much better position.

Best of luck, I'm sure it will work out fine in the end and I know how stressful this can be

diehard · Post by **diehard** » Sat Nov 26, 2011 10:21 am

thanks Squish but the first 4 points just refer to overstay,
5th point of subsisting relationship, there was not a lot i could provide , apart from marriage certificate, and bills at the same address, there was no letters or cards as we lived together. i made an application within 2 days of my arrival in india

and 6th i do admit i did not care to give 20 page agreement copy, i thought letting agent letter and elec water bill would be sufficient, also my wifes bank statement showing Direct debit to letting agency

diehard · Post by **diehard** » Sat Nov 26, 2011 10:52 am

this is what i have sent with my appeal---any suggestions/comments welcome-----(':arrow:')

List of documents

Index 1-5

1 Refusal of Entry Clearance (Notice of Decision)

2My uk appeal documents, which were always in time and along the lines of immigration rules which prove that I have not overstayed.

3 Proof that our marriage is subsisting
A Our wedding photo and some casual photos which are from Jan 2011 till 4th sept 2011
B Copy of marriage certificate
C Copy of my sponsors phone bill which shows we were always in touch showing calls made by her from Lycamobile to me on my number in India

D Copy of my UK phone bills showing we have always been in contact (Sponsors number highlighted
E Copy of e greetings sent by sponsor to my email address
F Utility bills of me and my sponsor on the same address which show we lived together until I left UK

4 Proof of accommodation
Copy of tenancy agreement which proves that the accommodation meets the Housing Act and letter from letting agent
Please also see water and electricity bills which prove that my sponsor is the sole occupier of the flat
Please also see utility bills of me and my sponsor showing we lived together and at the same address until I left UK on Sept 2011

5 Proof of funds available and pay slips
Letter from sponsors bank and my bank and our pay slips to confirm we have adequate funds and we have never had or will never need any recourse to public funds

diehard · Post by **diehard** » Sat Nov 26, 2011 1:04 pm

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Marriage Visa help please..is anyone in my situation????????

Marriage Visa help please..is anyone in my situation????????

Very strange refusal , please help!