spouse visa refused ,pls help

[jassi55]

Hi Vinni ...sorry i don't know wat is non PBS applications ? thanks

[vinny]

Point based system.

[Amber]

Your employer should have given you a letter to support the application as per the specified evidence. If so, the caseworker should have contacted them and queried it. Employers are responsible for paying tax and NI. Even if your tax hadn't been paid that is not a grounds for refusal, it has to be on the balance of probabilities, if your bank statements show deposits matching the wage slips, you have an employment contract and a letter then that should suffice. By all means the Home office could report the employer, but should not refuse you as you're not responsible for paying tax or NI.

If you appeal, the first stage is a mandatory reconsideration by the ECM, at this point you could supply additional evidence that the tax etc has been paid thus the wage slips are genuine. A reconsideration usually takes 4-8 weeks.

[fn286]

hi jassi55,

from where you applied spouse visa? was it inside or outside UK...sorry I didn't follow.

Thanks.

[jassi55]

hi , i applied from India

[jassi55]

Hi , everybody ........can u pls let me know step wise process of appeal , in other words how i can appeal for refusal myself wat documents i need, where to submit and if there is any other information related to appeal , pls explain ............thanks

[jassi55]

thanks Amber for your guidance

[Amber]

See also, APL01 - Appeal procedures

Appeals for Out of Country decisions, should be submitted within 28 days.

[jassi55]

hi seniors , how i can submit my appeal online as they said applying online is a fast process .

[jassi55]

our accountant said he have sent all tax returns till date to HMRC and declared all tax till date , so we are not liable anymore to pay our tax , now it is between HMRC and our boss to make an arrangement to collect that money , pls guide , is thats how it works ?

[Amber]

You need to complete IAFT-2 (click) and send it in by recorded delivery post.

[jassi55]

Hi Seniors , our accountant said he have sent all tax returns till date to HMRC and declared all tax till date , so we are not liable anymore to pay our tax , now it is between HMRC and our boss to make an arrangement to collect that money , pls guide , is thats how it works

[sukhi1988]

You have provided in your application, evidence that your sponsor was previously married in • 2007 to ,,,,,,,,,,. I note you have provided an Extract Decree of Divorce • Sheriff Court that states he was divorced on May 2012. You have also provided an affidavit, signed in front of Solicitors, from your sponsor that states he lives alone at address_
• Checks carried out by our office (as detailed in a Document Verification Report) have confirmed, through two separate sources, that ex wife is residing at address .
Given the above, I am satisfied that non-genuine documents and false representations have been provided in support of your application. I therefore refuse your application under paragraph EC-; P.1.1(C) of Appendix FM of the Immigration Rules (S-EC_2_2(a)).
EC-P.1.1(d) - Section E-ECP: Eligibility for entry clearance as a partner
Relationship Requirements
ECo Reasons for Refusal
You state that you met your sponsor for the first time ........... and that you entered into an arranged marriage on 2013. You have provided a wedding certificate and wedding photographs as evidence that your wedding took place. You have also provided photographs of you and your sponsor during the sixteen days after your wedding before your sponsor returned to the UK. You have provided records from Lycamobile and Skype to show that you have been in contact since your marriage. I note that traditionally arranged marriages would match couples or a similar age and family background and it is unusual for a single female to be matched to a divorcee. You have provided no explanation as to why your match goes against traditionally arranged marriages in India. I note there is very little evidence to suggest that the you and your sponsor are in a subsisting relationship and importantly no independent evidence from family members, friends or acquaintances.
Furthermore, I note your husband was previously married in 2007 and divorced on 2012 and our records show that his ex-wife is still residing at his address_ This is an unusual situation and you have provided no explanation as to why your sponsor would still reside with his ex-wife. In light of this, the false representations you have made in your application and the non-genuine documents you have submitted, I am satisfied, to a high degree of probability, that you have entered into this marriage to facilitate your entry to the UK. I am not satisfied that your intentions are as you say and that your marriage is subsisting I therefore am not satisfied your relationship with your sponsor is genuine and subsisting or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.€ & 2.10)


i am not living with my ex wife for last two years ....she ha her own council flat ..........i am totally shocked .........how they put all theseallegations on me ..........this just ridicules .........wat i should do

[sukhi1988]

hi Mph80 , Rayking , AMber pls advice

[MPH80]

I honestly have no idea how the mechanics of the payments for the new PAYE system work. Otherwise I would have already responded.

Your boss should be aware of the requirements and should be able to tell you what they've got to do.

[sukhi1988]

Hi MPH80, he told me that wat i have written .i just don't trust him anymore.

[MPH80]

Erm - multiple user names going on here?

[jassi55]

Sorry MPH80 , UKba gave me two reasons for refusal , i wanted to discuss them separately .if u want i can delete one account , thanks

[batleykhan]

Go see a good solicitor for a start, as you will need one n view of the points that they have refused you on

[batleykhan]

Erm - multiple user names going on here?

Something does just not add up here !!! With this and the post below.


http://www.immigrationboards.com/immigr ... 58064.html

[Amber]

Sukhi and the OP are one I believe, same IP. Perhaps the OP can comment as to why there is a need to create multiple accounts, breaching the forum rules?

[batleykhan]

Sukhi and the OP are one I believe, same IP. Perhaps the OP can comment as to why there is a need to create multiple accounts, breaching the forum rules?

I think if you read both the reasons for his refusals together ,there has to be some doubts in the genuineness/honesty of of the OP.

Its sad because so many people here have helped him in one way or another

[MPH80]

Sorry MPH80 , UKba gave me two reasons for refusal , i wanted to discuss them separately .if u want i can delete one account , thanks

No - UKBA gave you one large reason for refusal which is based on two separate issues.

Look - you've lost a lot of trust here by posting like this. Right now - I'm more inclined to believe the ECO's version of the story.

So - close down a user. Post the ENTIRE eco refusal text - not your interpretation of it - and ask nicely for some more help.

[MPH80]

I'd suggest - in light of the fact we now know this is part 2 of (at least) 2, that people refrain for answering here until the OP comes back with the FULL set of refusal reasons.

[sukhi1988]

allrite MPH80 .i will close one account and do the way i said , i did that bcoz i wanted to discuss them separately to find a solution . i am sorry if i broke forums rule , i am a genuine guy and i am just nervous , but u all can doubt my honesty as i made a mistake ,i am going through lot of stress and tension and when u r nervous , u do stupid things .i am really sorry to all the forum members once again.