See this sticky topic.
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This is good to know. I still have hopeGreenie wrote:
They need to give at least 21 days notice of any statement of changes to the immigration rules. Given the significance of the changes i think they will give more notice than this by releasing a statement of intent a few weeks before the 21 days which is what they have done with announcements in other categories. It doesn't appear from their most recent announcement that the changes will take place in April. They have only said it will be 'later this year'
. I have only minimum salary so its only £14000/year. And its difficult to get better salary. Seems like I have to hurry up with the fiancee visa... or then must move to other country . Looking forward knowing when exatcly this change will take place not to be too late.
Needless to say we were absolutely furious after reading this nonsense. We provided over 50 pages of phone bills, we speak on average 3 hours everyday, tons of txt messages, he completely ignored the photos we submitted or the fact that I've been twice to visit her in the space of 6 months after the wedding. We spent over £35,000 on the wedding ceremonies, provided all bills, receipts, hall bookings, photos, cards, yet cos of this he thinks its not a real marriage... seems this guy has no common sense..You have stated that you have been married to your sponsor since 26/02/2011 and that they currently reside in the United Kingdom. You have provided little evidence of regular contact. You have claimed to be in regular contact with your sponsor via the telephone; however apart from limited phone bills and a few money transactions, you have failed to evidence this level of contact. It is reasonable to expect that in a genuine subsisting, supportive and affectionate relationship, there would be evidence of regular contact, signs of companionship, emotional support, affection and an abiding interest in each other's welfare and well being, this is not evident in your application nor in the documentation you have submitted. I see no evidence of greeting cards, emails, skype messages or calls. In order to sustain your marriage and maintain communication between you as you are apart, it would be reasonable to expect a high level of correspondence of all types in order to grow as a couple and to continue to learn about each other, your home lives, routines, friends, family and your aspirations for your life together, none of this has been submitted and I am therefore not satisfied that you and your sponsor intent to live permanently with each other and that the marriage is subsisting. 281(iii)
thanks for ur help:) sorry to hear about urs that so wrong of why they rejected it stressin about mine now cuz didnt send no emails/greeting cards or anything like that, o well just have to hear them out and see what they say just hope i get positive back. it also depends if the eco is nice person, cuz some people just make any reason up and reject it like the one u got i think was just skipping through ur application and wanted a reson and rejected it. anyways good luck, inshallah everything will be all good al we can do is pray:)mosesmoses wrote:Sorry for the late post, been busy with work!
Henna786, yes they can reject it on this basis but I guess its down to the ECO who looks at your file, could go either way. I Don't mean to dishearten you but its better to just know that yes they may refuse it but you've applied now so no use worrying, just pray and hope result is in your favour.
When my wife applied first time for her visa this is what the ECO wrote in regards to the lack of contact:
Needless to say we were absolutely furious after reading this nonsense. We provided over 50 pages of phone bills, we speak on average 3 hours everyday, tons of txt messages, he completely ignored the photos we submitted or the fact that I've been twice to visit her in the space of 6 months after the wedding. We spent over £35,000 on the wedding ceremonies, provided all bills, receipts, hall bookings, photos, cards, yet cos of this he thinks its not a real marriage... seems this guy has no common sense..You have stated that you have been married to your sponsor since 26/02/2011 and that they currently reside in the United Kingdom. You have provided little evidence of regular contact. You have claimed to be in regular contact with your sponsor via the telephone; however apart from limited phone bills and a few money transactions, you have failed to evidence this level of contact. It is reasonable to expect that in a genuine subsisting, supportive and affectionate relationship, there would be evidence of regular contact, signs of companionship, emotional support, affection and an abiding interest in each other's welfare and well being, this is not evident in your application nor in the documentation you have submitted. I see no evidence of greeting cards, emails, skype messages or calls. In order to sustain your marriage and maintain communication between you as you are apart, it would be reasonable to expect a high level of correspondence of all types in order to grow as a couple and to continue to learn about each other, your home lives, routines, friends, family and your aspirations for your life together, none of this has been submitted and I am therefore not satisfied that you and your sponsor intent to live permanently with each other and that the marriage is subsisting. 281(iii)
Anyway I hope that helps anyone, all I can say is provide as much documentation as you can, dont give them even a small thing to find and critise cos they could very well refuse your visa just on something minor like that[/b]
Unfortunately we had a problem with my wifes english otherwise every solicitor I spoke to seemed extremely confident that if it was just refused on lack of communication, the decision would be overturned on appeal, such was the amount of evidence that was provided.lucy_2011 wrote:@mosesmoses,
i think u shld refer to this case as the ECo's definition of communication has changed these days and they themselves dont know the real definition.
Immtigration judges have pointed ut several times but I guess ECo's need to learn it thru hard way.
http://www.bailii.org/cgi-bin/markup.cg ... od=boolean
If u have a solicitor, ask him to refer to this case and prepare skeleton argument....
I still wonder what is the EXACT definition of COMMUNICATION for ECO's... huh
Hi Harv, Any news on your process yet? Any phone calls or checks or anything?harv wrote:Hi mosesmoses
From what I see I think there is a great possibility that the ECM review would automatically overturn the decision of refusal and grant VISA.
The problem here is that the ECO is just asking for too much, which in many cases would be impossible to get due to people being busy in their day to day jobs.
If this is the only sticking point in the refusal I am definitive that you will win the appeal because the judge straight away see the overwhelming amount of evidence you already provided and even then the ECO asking for further evidence.
Hope the refusal decision gets overturned by the ECM, at least this might save you a couple of months in getting the VISA hopefully.
Best of Luck!
Nope nothing yet, no calls from UKBA to me or my wife in India. Just waitingHi Harv, Any news on your process yet? Any phone calls or checks or anything?
It's a killer isnt't......! Only been a week since we done ours and already killing me and my wife!harv wrote:Hi pazpatel
Nope nothing yet, no calls from UKBA to me or my wife in India. Just waitingHi Harv, Any news on your process yet? Any phone calls or checks or anything?