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PBS Tier 1 Dependent visa refused!

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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birdy1980
Newbie
Posts: 30
Joined: Sun Sep 09, 2007 3:44 pm

PBS Tier 1 Dependent visa refused!

Post by birdy1980 » Thu Jan 19, 2012 11:25 am

Hi All
I am in the UK since 4 years and currently on a Tier 1 visa valid till 06 October 2013. I operate through a limited company here in the UK.

I recently got married on the 14 of December 2011 and applied for Tier 1 dependent visa for my wife at VFS mumbai North on 30 December 2011. The application was rejected and received with notice of rejection today on 18 January 2012 with following message

You have applied for entry clearance to join your husband who is a Tier 1 general Migrant in the UK. The only evidence of your claimed relationship is a marriage certificate dated 26 December 2011. I acknowledge that your UK sponsor was in India at the time of this wedding but you have not submitted any photographs to show that you have even met your UK sponsor. Nor have you submitted any evidence to substantiate your relationship. Therefore I am not satisfied that your marriage was subsisting at the time the application was made.(Paragraph 319C (d)). Nor can I be satisfied that you intend to live with your spouse throughout your stay in the UK (Paragraph 319C (e)).
I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all of the requirements of the relevant paragraph of the United Kingdom Immigration rules


The proof I submitted was

a. Copy of my passport and biometric visa
b. Copy of my 6 month recent personal bank statements.
c. Copy of my bachelor degree
d. Wife's original passport and bachelor degree with copies.
d. Print of VAF10 Form duly signed and filled with Date submitted online of 17 Dec 2011
e. Marriage certificate original and copy
f. Copy of my limited company formation certificate

I got my Marriage certificate on the 26th of December 2011 which clearly states my wife's and my name with address and DOB and the place of marriage. This marriage certificate was dated of 26 December 2011 and states that the marriage took place on 14 December 2011 with both my name and my wife's name in it including our addresses and date of birth.
I submitted the VAF10 form online on 17th December 2011. The form states an application date of 17 December 2011 in the printed copy as well.

I had however not submitted any wedding invite card or photos of our wedding as this was not mentioned in the point based guidance for dependents. I do not understand what has gone wrong here. Please any advise would help as now I am looking to appeal.

Please if you could also advise what I should include this time extra as part of my appeal, I would really appreciate it.

Also does someone know the timelines for appeal process

Cheers
Birdy

QuickSam
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Posts: 794
Joined: Mon Dec 05, 2011 3:51 pm
Location: Reading, UK

Post by QuickSam » Thu Jan 19, 2012 11:30 am

What you missed out were:

1) Marriage invitation card showing both the names and dates

2) Photographs taken at the time of marriage (at least 2-3)

When you are making an application from India, this is the most important aspect they look into. No Guidance states that but generally all the others applying for dependants visa in India provide these and hence the case workers are used to this.

The other documents that you mentioned look okay.

The appeal can be submitted within 28 days of rejection or else you can apply again after 3 months (just double check this period)

birdy1980
Newbie
Posts: 30
Joined: Sun Sep 09, 2007 3:44 pm

Post by birdy1980 » Thu Jan 19, 2012 11:59 am

Hi QuickSam

I have realised that its important to include these but VFS Mumbai north was not helpful enough to point it out. The appeal process in the link

states

For appeals against decisions dated on or after 19 December 2011

You must send the completed IAFT-2 appeal form and your notice of decision to:

the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) in the UK; or
submit your appeal online on the Ministry of Justice website.

You can find the FTTIAC's contact details below. The FTTIAC must receive your appeal form no later than 28 calendar days after the date when you received your notice of decision.
What happens next?

When the FTTIAC has received and where a fee is required, have received a payment and accepted your appeal, it will send a notice of receipt to the visa section that refused your application.

An entry clearance manager (ECM) at the visa section will then review our decision to refuse your application, in light of your appeal form and any supporting documents that you have sent.


My question is where can I send the supporting documents to?

QuickSam
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Posts: 794
Joined: Mon Dec 05, 2011 3:51 pm
Location: Reading, UK

Post by QuickSam » Thu Jan 19, 2012 12:17 pm

I'll have to check as I am not in Hindia. I'll provide an update soon.

birdy1980
Newbie
Posts: 30
Joined: Sun Sep 09, 2007 3:44 pm

any luck

Post by birdy1980 » Fri Jan 20, 2012 4:49 pm

Hi QuickSam

DId you have any luck with the findings please?

I have read many depressing stories of people having to go through a hell lot to prove their marriage is subsisting and they truely know one another.

Please help if you can.

Others, please post some information if you can about this

Bharadwaj

MB243
Member
Posts: 132
Joined: Tue Dec 20, 2011 2:06 pm

Post by MB243 » Fri Jan 20, 2012 5:18 pm

QuickSam wrote:Hindia
Dude, I have seen you do this in a lot of other posts on this forum.
Learn how to spell the right names before you post or you will face action

poornachander
Newly Registered
Posts: 18
Joined: Mon Jan 16, 2012 5:21 pm

Post by poornachander » Fri Jan 20, 2012 5:20 pm

Next week, I am going to apply for my wife from India.
I have collected following evidences for this problem:

1. Marriage Certificate
2. Wedding Photos
3. Multiple random photos of us on different occasions
4. Call log (Phone bill)
5. Emails
6. chat log (Skype & gmail)
7. I visited my wife last month (flight tickets of the trip)
8. Reference letter from both parents.
9. Reference of her refused VISITOR visa app (trial she has done to meet me)

I am just searching of 10th evidence (ROFL), I think I can take a screenshot of Facebook where it shows our relationship.(kidding guys!!! :-))

Are teh above evidences enough for UKBA ?????????? ahhh man ...its very sad that lot of guys got rejected because of crap reason.

birdy1980
Newbie
Posts: 30
Joined: Sun Sep 09, 2007 3:44 pm

Post by birdy1980 » Sun Jan 22, 2012 10:19 pm

Not in a mood for jokes.. sorry about that.

Make sure you have all other documents as well as per the guidelines.

Go through immigration rules for the appropriate section you are applying under.

Quicksam, I have found the answer to my questions.
I will keep everyone updated of what happens.

birdy

david1955
- thin ice -
Posts: 400
Joined: Mon Jul 20, 2009 11:37 am
United Kingdom

Post by david1955 » Mon Feb 06, 2012 9:24 pm

birdy1980 wrote:Not in a mood for jokes.. sorry about that.

Make sure you have all other documents as well as per the guidelines.

Go through immigration rules for the appropriate section you are applying under.

Quicksam, I have found the answer to my questions.
I will keep everyone updated of what happens.

birdy
Hi Birdy1980,
Can you please let us know what supporting documents did u submit with you appeal . As i am in the same situation like you. I will be very thankful if you can send me a quick reply.

thanks

birdy1980
Newbie
Posts: 30
Joined: Sun Sep 09, 2007 3:44 pm

Re: PBS Tier 1 Dependent visa refused!

Post by birdy1980 » Thu Jul 10, 2014 3:42 pm

Just to update everyone as i forgot to. I got my wife to reapply via a solicitor. We provided all kinds of documents including photos,marriage certificate,wedding card,letter from priest,wedding hall letter and stamp and prints of all forms of communication between us like chats,emails plus congratulatory emails from friends and family as advised.
She got her visa within 3 days post that. Seemed more like it was a money making attempt by the visa people.

Thanks

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