UK Dependent Visa Appeal help

[Pearl_25]

hi

[david1955]

Hi All,

I have my husband's dependent visa refused for the below reasons

- No evidence of your relationship prior to the wedding has been provided. This taken alongside the lack of documentation or explanation concerning the relationship leads me to doubt that you and your spouse intend to live together
- I am not satisfied that you do not intend to stay in the united kingdom beyong any period of leave granted to your spouse or civil partner

I have appealed for it with the help of a solicitor.

The solicitor (the representative) has appealed and has not sent any suporting documents with the appeal that would help the ECO overturn his decision

Recently received a letter from AIT specifying the appeal has been sent for the Indian BHC for ECM review and should be hearing from them after 24th of March. Does it usually take this long for ECM review?

refused on 26-11-2011
appealed on 11-12-2011
letter from AIT on 11-01-2011

I am sure this case will have a hearing scheduled in the near future and have a few doubts regarding this

1. What documents should I start collecting in support of the two refusal reasons?

2. Do I again have to provide the payslips and Bank statements at the time of hearing. If yes, of how many months each?

3. what questions does the judge usually ask?

4. How long from now does it take until the judge's decision

Kindly help.

Regards
Pearl

was it a tier 2 general dependent application? Because tier 2 general dependent application requires you to provide evidence of your relation and not the evidence of your relation before marriage...and what documents did you provide with your application?

[Pearl_25]

Hi David,

Yes, I am a tier 2 work permit holder here in UK (which is inturn Tier 2 general I suppose) and applied for my husband's dependent Visa in India

I had provided the below
1. Marriage certificate
2. 2 Wedding invitation cards (in English)
3. 5 to 6 Wedding photos
4. Maintenance - bankstatements and payslips for 6 months
5. accomodation proof
6. utility bills

I think the above especially the first 3 should be enough to prove our relation

Regards
Pearl

[david1955]

Hi David,

Yes, I am a tier 2 work permit holder here in UK (which is inturn Tier 2 general I suppose) and applied for my husband's dependent Visa in India

I had provided the below
1. Marriage certificate
2. 2 Wedding invitation cards (in English)
3. 5 to 6 Wedding photos
4. Maintenance - bankstatements and payslips for 6 months
5. accomodation proof
6. utility bills

I think the above especially the first 3 should be enough to prove our relation

Regards
Pearl

i would wait for seniors to reply on this. As i think, marriage certificate would be enough to prove the relation

[david1955]

Hi David,

Yes, I am a tier 2 work permit holder here in UK (which is inturn Tier 2 general I suppose) and applied for my husband's dependent Visa in India

I had provided the below
1. Marriage certificate
2. 2 Wedding invitation cards (in English)
3. 5 to 6 Wedding photos
4. Maintenance - bankstatements and payslips for 6 months
5. accomodation proof
6. utility bills

I think the above especially the first 3 should be enough to prove our relation

Regards
Pearl

Hi pearl, can you please let me know from which visa centre in india did you applied ?

[Pearl_25]

Hi David

Its VFS Hyderabad

[Raone]

I do not understand, why they need evidence for relationship prior to marriage when you have provided marriage certificate...

BTW- Is it a court marriage certificate?

[Pearl_25]

Yes it is. They are satisfied with the marriage but to my shick/surprise refused on the basis of not providing evidence of our relationship prior to the wedding. Ours is an inter religion marriage - could this be a reason?

[Raone]

Not sure, but maek sure you provide ample evidence of atleast 5-6 months prioe to marriage which may include- money transferred, phone bill(reflecting calls made to him,communication(letters, email etc) in your next action., maintan a good bank balance.... human rights thats the key.

[Pearl_25]

Do I have to show the payslips again as well? if yes, for how many months...I ask this question as I was on leave for past 3 mnths.

And how long do you think it would take?

I should have supplied all these evidences along with the appeal which the solicitor havent and even I haven't due to lack of knowledge and now its seems like I have to wait forever.

[Raone]

I think, better show bank account statement, provide payslip as well if shows similar account trfd by employer to your account, good healthy bank balance, consider, what HE needs to show as evidence plus you as an individual for 3-6 months as required.

Phone bills can be another evidence, emails as well. Photographs of wedding, or any prior can also assist. Gifts can also be another proof, check any online gift you purchased for him, use this invoice- can be for bday cake as well.

If you have joint account, back in your home country, use that as a proof, in all, logically think and you will get many evidences, they have no reason decline, but just to mint more money. Application will be cleared 2nd time, but do your homework before applying. All the best!

[david1955]

Hi All,

I have my husband's dependent visa refused for the below reasons

- No evidence of your relationship prior to the wedding has been provided. This taken alongside the lack of documentation or explanation concerning the relationship leads me to doubt that you and your spouse intend to live together
- I am not satisfied that you do not intend to stay in the united kingdom beyong any period of leave granted to your spouse or civil partner

I have appealed for it with the help of a solicitor.

The solicitor (the representative) has appealed and has not sent any suporting documents with the appeal that would help the ECO overturn his decision

Recently received a letter from AIT specifying the appeal has been sent for the Indian BHC for ECM review and should be hearing from them after 24th of March. Does it usually take this long for ECM review?

refused on 26-11-2011
appealed on 11-12-2011
letter from AIT on 11-01-2011

I am sure this case will have a hearing scheduled in the near future and have a few doubts regarding this

1. What documents should I start collecting in support of the two refusal reasons?

2. Do I again have to provide the payslips and Bank statements at the time of hearing. If yes, of how many months each?

3. what questions does the judge usually ask?

4. How long from now does it take until the judge's decision

Kindly help.

Regards
Pearl

My case is same like yours. I recently applied for my wife depedend visa. The document i have submitted are:
(1) photocopy of my passport and visa
(2) sponsership letter from me
(3) covering letter from my wife
(4) my last three months payslip
(5) employer letter confirming my employment and COS number
(6) marriage registration certificate
(7) bank statement confirming maintnence fund for last three months
(8) tenancy agreeent for my 2 bedroom flat and NOC from my flat owner

The only difference between your case and mine is ,,, i havent recieved any decision yet. But reading so many post showing visa refusal on the basis of marriage , has put me in depression. Still waiting for the decision but i have already started preparing documents for the appeal process...quite sad !

[Pearl_25]

Thanks Roane, Shall definitely apply in the month of June if the appeal process isn't completed by then..The only mistake was I haven't been aware of this forum until now else would have prepared my application very well as suggested in the first go.

@David, Dont worry yours should clear the first time with all the docs in place. I doubt mine was rejected due to Inter religion wedding. God forbid you get to hear some bad news on the visa thing, make sure you appeal the right way by submitting all relevant supporting documents and filling in the appeal form correctly. Wish you the best.

[Pearl_25]

Hello All,


What are the chances of winning the appeal?

[Greenie]

Did the ECO mention the 10 year ban in this refusal?

the applications will be considered, but they will be refused for 10 years, as you are already aware. As the situation stands you have little or no chance of winning an appeal unless you can show that he didn't submit false documents (which you don't appear to be suggesting is the case) or you can argue that it is a dispropionate intereference with your right to a family life for him to be refused - which will be difficult given that you are currently here on a temporary basis and thus could choose to live with your husband in your home country if you wished.

If and when you are granted ILR, the ban will no longer apply since they do not apply to applications for spouses of British Citizens/those who are settled in the uk.

[Pearl_25]

Hi Greenie,

[Greenie]

320(7C) does not apply to spouses of WP holders/PBS migrants, only to applications by spouses of settled/British people, refugees, and also other family members of persons with ILR, as set out clearly in the paragraph.

No, it is not the case that if an automatic ban applies the ECO should not then go on to consider the application substantively. If s/he didn't do this then in the event that you were able to show that deception was not used, there would be no other reason for the appeal not to be allowed.

Given that your husband did submit false documents, how can I possibly suggest a way to prove that he didn't?

[Pearl_25]

Thanks Greenie,

It is the case where he wasn't willing to but his company which is now closed down had provided the false documents
So cannot even give an evidence of someone from the company
If any way we can prove its his company and not he who had sumitted the docs?

[Greenie]

Thanks Greenie,

It is the case where he wasn't willing to but his company which is now closed down had provided the false documents
So cannot even give an evidence of someone from the company
If any way we can prove its his company and not he who had sumitted the docs?

it was his application, he was aware of the false documents, therefore it is his responsibility. If he didn't want to submit the false documents, he could have chosen not to.

[Pearl_25]

Yes, thats right...He could have which he dint.
Anyway thanks for your replies
Shall keep you posted with updates if any

[david1955]

Yes, thats right...He could have which he dint.
Anyway thanks for your replies
Shall keep you posted with updates if any

Hi as suspected my wife dependent application is rejected as well, hi pearl it would be an favour if u can tell me the procedure for appeal

A quick reply will be highly appreciated

[vinny]

See also Appeals.

[david1955]

See also Appeals.

Hi after such a bad news , i have come across a big hurdle , i hope anyone can assist me on this....my fiance has lost the letter of refusal for her tier 2 depedent visa , Can anyone please explain how can i get hold of a copy of the letter and do we need the letter for the refusal?

[Greenie]

yes you need the letter for the refusal. Request a copy from the embassy.

[david1955]

yes you need the letter for the refusal. Request a copy from the embassy.

how can i request a copy? Please guide me