Second Spouse Visa Application Refused

[johnj1]

Hi All,
I think the UKBA are just very funny in their decision, I first applied for my wife settlement visa in November 2012, which was refused 2 weeks after. The ECO gave his reasons for refusal based on the fact that I did not submit Letter from my employer and P60. Second reason was that he did not believed that the relationship was real.
I decided to make paper appeal that I have met my wife twice, making copies of entries stamps at immigration control border at UK and my home country, with, marriage certificate, wedding pictures, and receipts of money sent to my wife back at home. While waiting for appeal date, I decided to re-apply again, submitting copies of the above and e-mails (13 copies) copies of phone calls, BBM chats and explained in the application that this are what I can lay my hands on.
To my dismay again, the application was refused again, the ECO gave the same reason reason that I only met my wife twice which did not satisfy the relationship as being genuie. I was hoping that if the visa is granted I will withdraw my appeal, but from the look of things now, it seems I will go ahead with the appeal process using lawyer services. My question now is
a. Can my lawyer continue with the first appeal process based on the second refusal or need to appeal the second refusal separately?
It has been a harrowing experience having wasted money to apply for the second time.
I will be grateful for Guru's comments or anyone who has this experience before

[SoHopeful]

I personally dont think its for the ECO to decide on how real the relationship is based on the amount of times you have met. How long have you guys been together?

If there are any cultural aspects to the wedding such as arranged, I would mention this in the appeal. But regardless, I don'tthink that reason is valid.

[johnj1]

Thank you, we met twice and the tird time we get married, I even included the traditional wedding pictures to support the application showing elders and families present, but can you please tell me if my lawyer can based the second refusal notice during appeal process, as I've said earlier, I haven't withdraw the first refusal appeal before re-applying again for the second time

[johnj1]

We have been together for 18 months

[st pauli]

The minimum requirement in the rules is only that you have met once, and beyond that all you have to do is provide evidence of subsisting relationship. It sounds like your evidence was okay, although you only mention having submitted it with your appeal, not your first application.

When you say 'met twice', how long were the meetings? Meeting twice for a fortnight of staying together each time is quite different than meeting for a day on two occasions, for example...where a problem might arise is where it looks like you 'could have' spent more time together on a given occasion but didn't.

Something about the relationship has clearly around suspicion seeing as you meet 'the letter of the law'

[johnj1]

Thank you St Pauli, the first and the second time we met was for 2 weeks each time, making the total of 4 weeks, and the 3rd time was when I went for the wedding which is also 2 weeks, like I said earlier on I included all the pictures, e-mails covering over a year, BBM chats, receipts that I used to send money back to her at home, wedding pictures (both registry and traditional) yet they didn't agree.
I have spoken to a solicitor this morning, who advised me that I can still make "Further Grounds of Appeal" that I don't need to make another appeal based on this second refusal, may be that is what I will go for now, did anyone here knows a good immigration lawyer that can help? I will welcome your suggestions. Thank you

[johnj1]

Hi All,
I've found this AIT ruling which exactly is relevant to my spouse application http://www.newzimbabwe.com/blog/index.p ... ubsisting/
I hope it will help those that are in the same shoes with me.

[navodwickra]

first of all sorry to hear about this. second of all I think the ECO taking the piss out of your application. Is it India? my wife applied for her spouse visa from Sri Lanka and usually all applications from SL go to Chennai BHC.

Before our wedding I met my wife about three times and that's it. I sent all the emails, phone records, envelopes of greeting cards, photos and all other wedding related evidence. She got her visas last week without any trouble and I can't understand what's the difference between your application and mine.

[johnj1]

Hi all,

Just to brief you members and Gurus about the development concerning my wife's second spousal application refusal, just this afternoon my wife received a phone call from British Embassy requesting her to bring her English Test result ( she passed it and was submitted with the application), just wondering what might prompt this call, can anyone advice on what can happen? though the appeal will be lodged.