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Tier 1 General Dependent Refusal - Subsisting Relationship??

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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SameerSheikh
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Joined: Wed Jun 01, 2011 7:11 pm
Location: London
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Tier 1 General Dependent Refusal - Subsisting Relationship??

Post by SameerSheikh » Fri Jan 24, 2014 7:10 pm

Hi All

I applied my wife's Tier 1 General Dependant Visa on 30th Dec 2013 from Pakistan. On 23rd Jan 2014, we got the refusal stating that there wasn't any proof of contact provided which proves a subsisting relationship. I have followed the policy guidance and that NO WHERE asks us to provide any chat transcripts, phone bills, whatsapp chat etc. They asked for Wedding certificates which along with it I additionally added the photographs too.

However, I can't find any such requirement anywhere on UKBA site. I have the right to appeal but is that to be considered my mistake? As those were not in the requirement then how would I be aware of providing them?

What should I do next? Appeal(which I guess can't provide additional documents for chats, phone bills etc) or to go with fresh application with reference of the refusal and providing the additional documents too.

Any help will be much appreciated.

Regards
Sameer Sheikh

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 1 General Dependent Refusal - Subsisting Relationsh

Post by vinny » Fri Jan 24, 2014 11:52 pm

319C wrote:(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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SameerSheikh
Junior Member
Posts: 63
Joined: Wed Jun 01, 2011 7:11 pm
Location: London
United Kingdom

Re: Tier 1 General Dependent Refusal - Subsisting Relationsh

Post by SameerSheikh » Sat Jan 25, 2014 11:41 pm

Thanks for your reply.

So what would you suggest me now? To re-file a new application as appeal will take quite a long time.

Btw if I go for an appeal, can I provide additional documents like chats whatsapp, skype, viber etc? Or I am not allowed to submit any additional documents in appeal.

Also what impact would be on getting ILR in future on her, once she apply for it in future with me? as she will be my dependent on Tier 1 General.

Thanks
Sameer Sheikh

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Tier 1 General Dependent Refusal - Subsisting Relationsh

Post by vinny » Sun Jan 26, 2014 12:14 am

SameerSheikh wrote:Thanks for your reply.

So what would you suggest me now? To re-file a new application as appeal will take quite a long time.
She may do both.
SameerSheikh wrote:Btw if I go for an appeal, can I provide additional documents like chats whatsapp, skype, viber etc?
Yes.
SameerSheikh wrote:Also what impact would be on getting ILR in future on her, once she apply for it in future with me? as she will be my dependent on Tier 1 General.
She may apply for ILR under 319E, up to 28 days before she completes 5 years in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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