spouse visa refused ,pls help

[Rayking]

I'm always fascinated with the way Amber and another person Casa deal with issues on here,kudos to you guys!
@jassi,you need to understand people here are not just here to judge you n when you're not straight forward with us it creates so much doubt and people won't respond.
We've all had immigration issues at one point in this country and it's important you know it pays to open up.
Remember no matter what we say if you've lied to ECO it all gonna be a wasted effort.
I'm assuming this was a mistake as you've stated?

[bhargav24]

may be your ex wife not change her address, you can order a experian credit report. they write on the report how many people are at your house included names.IF they write this on the report she not living over there as you said you will win in appeal.you have to appeal.check voter list as well.If you you know where she is living now give them her address. BUT you have to prove that.

[jassi55]

Hi MPH80 , i want to delete my 2nd account and all the post , i tried but couldn't find how to do it , pls help me to delete my account . thanks

[MPH80]

Just don't use it any more.

And then post the full refusal text here.

[SAMISPOUSAL]

I know its not substantial but the council accom cert which you submitted should say that
you are living alone and that there is a space ready and available for your new wife when she comes over.

did you do that ?
Also Landlord or owner tenancy agreement, letter of proof.
sorry to hear about your probs
Good Luck

here again we see a refused application on a subjective (value judgement, opinion ) part of the application....its a clear sign and a message to all those applying to make sure you submit ample evidence to prove genuineand well maintained relationship. submit evidence to prove your case beyond a doubt and other cross evidence to further reinforce that evidence.

[SAMISPOUSAL]

this is a real sad case
what kind of justice is this ?
this poor person did all that was asked of him with genuine noble intentions met all the criteria but gets refused for events beyond hid control ?
thats not right..
immigration is a pain at all levels.

so this is a clear message and a signal to others applying to make sure that their employer has also filed their tax reports PROMPTLY ?

i AM WONDERING WHAT difference would it make if the person IMMEDIATELY requests the Entry clearance manager to please reconsider the refusal as in a case where everything else was perfect ? and a letter from the employer to verify ?

[MPH80]

Except Sami - it's not the only reason for refusal. Look at the previous posts of the 'other' user name and you'll find the ECO also suspected the OP of still living with his ex-wife.

But you're right - this is the second refusal post which mentioned failure to report PAYE in real time as a reason to suspect not being employed - so it looks like the ECOs are making very good use of that system to verify employment - and frankly I'm glad they are making use of all the data points available to them.

For 90% of employees - this won't be a worry - the company will have a payroll organisation taking care of it. For someone working 'on the side' for an employer who produces them some payslips on request 'just for immigration of course' - they should worry.

[jassi55]

Hi everybody as MPH80 advised me i am 2nd reason for my refusal here


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 these allegations on me ..........this just ridicules ........ i spoke to one of my shared friend and he convinced my ex wife to help me she is ready to give me a letter confirming she is not living with mw 4 last two years,she will attach a cpy of her house lease and few copies of utility bills ,i got a letter from council to confirm that i am living alone for one year and hav single person occupancy discount , wat else i need ? thanks

[jassi55]

and finally my employer sort out my tax problem , pls have a look and advise me is that will fix my problemhttp://i.imgur.com/kaMirOC.jpg
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[jassi55]

pls hav a look and advice as hav only few days left thanks

[MPH80]

I would really like to see the entire text of the refusal ... top to bottom.

If you want to - photograph it and post it as images as you've done for your accountant letter.

I really want to make sure we're not missing other issues in this refusal.

[Rayking]

Personally I don't think one needs to see the whole contents tbh,if that's the only area he wants us to advise him all well and good.
@ jassi,it will be better for you to be patient and get it right this time around,you have given them enough reasons to doubt you and rushing things again won't help matter.
You need to answer the question why the ECO said you've been living with your ex,obviously there must be a source where he got the info,getting a letter from your wife alone won't help but you need to deal with that source of information.
You will have an idea of what he's talking about and it's now your responsibility to convince him he got it wrong.
Also,check other stuffs too so he doesn't come up with another reasons

[jassi55]

hi rayking and MPH80 , my ex wife name was still on voting register at my home address , i went to council office and took it off , i also gota letter from Glasgow city council saying she moved out in 2012. thats all came to my if u have any idea pls suggest me . is letter from my employer is okay ?
do u think i will get visa sorted in review , bcause of this false allegations , my wife is heart broken and very sad all the time , in case it go to appeal , can i request for urgent appeal route , bcoz of this false allegations . thanks

[jassi55]

hi MPH80 , thats only 2 reasons for refusal , pls help me , as i have to send appeal by monday , thanks

[MPH80]

The change on the electoral register will not be reflected very quickly (minimum 6 weeks) - but then neither will an appeal.

You should note that you will have, for at least the last year, received a declaration of who in your house is on the electoral roll. It is illegal to either a) not return that declaration or b) declare false information. By not removing your ex-wife sooner - you've done one of the two. It's unlikely to cause you problems - but you should be aware that the penalties can be up to £5000 for making a false declaration.

Other sources of her name could include council tax, her credit file (e.g. bank accounts), DVLA etc - all of these sources could be checked by the ECO.

You should probably also get a declaration letter from your ex-wife that she moved out at said given date. Might be a good idea to get that attested by a lawyer.

You should also consider how you intend to deal with the assertion from the ECO about this being a genuine arranged marriage (given the divorcee thing cited). I've no idea what you might do to help this.

I'd suggest the letter from your employer is fine.

Frankly - I'd still like to see the full refusal text. The fact you chose to try to hide this as two separate issues still leads me to be suspicious that there isn't a third or even fourth out there.

[Rayking]

I think you're making progress, as long as there isn't anything hidden.
Just like MPH80 said,if your ex wife is willing to help you that might be a good point,if she can also give you may be one or two bills too that might be ok,my worry about that,won't the ECO be wondering why your ex is willing to help you so much?
You really need to sit down and explain it in a letter why the name was still there after 2 years or so,may be you might also need to look into what type of house you live?flat?shared house?why it took so long to correct that?
As for the divorcee marrying a young girl?I don't know Indian culture but let the ECO know that,that's an assumption and it's not compatible with the law,that's a prejudice against you.You have the right to marry anyone you choose to,if Indian law isn't against it,an assumption can't just be used to make a determination.
Remember you can only say this if you're sure of your marriage, your wife should also write a letter explaining or declaring the love you share.
You need everything you can use to proof your case.

[Rayking]

About urgent appeal,no mate,appeal will always take the usual time irrespective of the case.
Just send in your appeal and see if it works, if not you can reapply.
There's nothing in an allegation, you gave them the reason to doubt you and it's now your responsibility to explain yourself, remember it would have been a different case if you were interviewed and you would have been able to explain yourself?
So,nothing to worry about if truly there isn't.

[jassi55]

my worry about that,won't the ECO be wondering why your ex is willing to help you so much? Rayking what should i do then , its not much time left is it okay if my wife write a letter , sign it and scan it and send me by email.

[jassi55]

Hi MPH80 , i will post full refusal soon but pls give me ur final advice by considering all the aspects , i can assure u these r only 2 reasons for refusal.thanks

[MPH80]

Any letter from your wife should be formally certified by someone.

Otherwise I think you've had my final advice unless the full text reveals anything else. I wish you luck.

[Rayking]

Either scan or fax,as long as it's from her,don't think there should be problem with that.
You can as well explain that in your supporting letter too,"she faxed or scanned the letter bcos you haven't got enough time"
Tbh,I really wish the gurus on here can add something to this about your Ex, I don't know if it gonna work.
Just get your documents ready,someone will say something but with what you've got,build your case.

[jassi55]

Rayking,MPH80 ,Amber and all others , you all have given me so much support that i have nearly collected all the documents, but still i need a letter from HMRC , when my details be corrected . accountant said might be on friday.can i file my appeal online as they said on website its quicker and can i send any supporting after i send appeal. do any body think they will grant my wife visa in review ? thanks everybody

[MPH80]

Personal opinion - I think you're going to struggle at a simple ECO review.

You might overcome the finance issue. But I suspect the genuine marriage question will require a full court appeal.

I could well be wrong - I've been wrong many times before.

[jassi55]

hi MPH80 , once i send appeal , can i reapply in april , by explaining full reason of refusal in the new application and leave appeal running as well . thanks

[jassi55]

HOW can i act as a representative for my wife appeal , do i need a written declaration from my wife from abroad. pls help