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Spouse visa re-application interview questions

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assa
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Spouse visa re-application interview questions

Post by assa » Sat Sep 10, 2005 7:23 pm

Hello,

My husband had a refusal for settlment application to join me in UK.We did not appeal as some documents are still unavailable and time has run out.We are now thinking about re applying.But we are worrying about the folowing:

1-the itemised telephone bills:they need them as proof of our continuous contact since he left UK.But we both use pay as you go mobile phones and how can we provide these bills?

2-among the refusal grounds of the ECO letter:marriage not subsisting,not genuine and that my husband is only Economic migrant because of overstaying his visitor visa(5 years)and" lack of candour" when asked during interview how he supported himself in UK.How can we counterpoint these claims?

3-Does ECO ask the same questions in the re-application?


Many thanks for any help

rmberg1
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Post by rmberg1 » Fri Sep 16, 2005 10:38 am

Hi,
I think before re-applying you have to prepare well, otherwise it will be again wasting of time and money. Your 1st question is very important. You have to prove a continuous contact.
OK, I agree you dont have phone bills, but do you have any other proof: letters, emails etc. (including the time you were living in the UK together)? Try to understand: the ECO also follows some rules. If you don't provide an evidence of the contact, how can he conclude that the relationship exists at all?
Best wishes,
rmberg.

assa
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Post by assa » Fri Sep 16, 2005 7:29 pm

Hi rmberg,

Thank you for your reply.
Yes he has my new letters and also the utility bills and other documents showing both our names in the same addresses where we lived together.

One more worrying question please:

As a visitor overstaying his visa, he had worked in the local town factories using a friend national insurance number.
What could be the result of admitting this fact?

Thanks

John
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Location: Birmingham, England
United Kingdom

Post by John » Fri Sep 16, 2005 8:46 pm

assa wrote:But we both use pay as you go mobile phones and how can we provide these bills?
May I ask, how much a minute is that costing?

Surely there must be cheaper alternatives? For example, if you have a BT landline, go to www.18185.co.uk , register, and then you will be able to print off details of your cheap calls to ... ? Actually, where is your husband from?

That 18185 provider is just a suggestion and there are lots of other companies now operating in a very competitive marketplace. Details for example at www.niftylist.co.uk .

That is, not only save a lot of money but also get an itemised bill for the calls made.

(My wife phones her parents in Thailand using the 18185 service ... 1p per minute!)

General comment about the evidence. How was it presented? It should not make any difference but I am sure that it can. Present the evidence in a neat folder divided into the required sections ..... financial evidence ... accommodation evidence ... evidence of contact ... etc.. That is, make the ECO's job easy to do .. it could make all the difference.
he had worked in the local town factories using a friend national insurance number. What could be the result of admitting this fact?
I think he would need to admit, if asked, that he was working illegally, but there is no need to go into the detail of using a friend's NINO.

Incidentally, now the the Home Office has tightened up, merely providing a NINO is not a sufficient defence to an employer against a suggestion of employing an illegal worker. Legislation soon to be introduced will provide for £2000 Fixed Penalty Notices to be issued where someone is employing illegal workers.
John

rmberg1
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Post by rmberg1 » Fri Sep 16, 2005 8:47 pm

Does ECO ask about this NI number? If not, don't tell this. But if ECO asks directly, you have to tell the truth anyway.
In your case, I would lodge an appeal to a senior member of staff in the embassy (if not late), or appeal to the Immigration Tribunal.

assa
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Post by assa » Sat Sep 17, 2005 1:12 pm

Hi John
Hi rmberg

Thank you very much.I will let you know later about any progress.

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