Dependent visa rejected - Please help

[risingsun]

My wife applied for her Tier1 -dependent visa from Pune VFS.

We got a rejected decision on 28th June stating mainly following reasons.

1. The Marriage certificate is not the original, but a true copy.
----
the certificate that I have (and submitted for the visa) is a photocopy of the original form filled but is having original stamp of the marriage registrar and sign on top of that and also a true copy stamp with sign..

that is the "original" certificate issued by the local marriage registration authority - "Registrar of Marriage" to me.

as per them, they only provide this kind of marriage certificates.

But caseworker did not recognize this and rejected.


2. Spelling mistakes in the certificate
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The case worker cited several spelling errors in the certificate and said that this may not be genuine.

I tried to search for the solutions in this forum but could not locate a very similar case regarding the marriage certificate's authenticity.

Please advice what should I do in this case.

Can you please advice if I have any chance of getting a positive result upon an appeal.- I am thinking to get a notarized affidavit stating the authenticity of the marriage certificate.

is this the right way to go?

Or Should I get this certificate Apostilled as per site

http://meaindia.nic.in/mystart.php?id=8801

Please advice.

[innocentdevil]

very strange. why couldn't you submit the original marriage certificate. I am sure there are a few number of pages which are signed and given to the relevant authorities.

what kind of spelling mistakes did he mention were there ? do you mind posting the exact wording of the refusal

[risingsun]

Thanks for reply InnocentDevil

very strange. why couldn't you submit the original marriage certificate.

I belong to Gujarat and I Inquired about the marriage certificate original. But as per the office of registrar of marriage, they can not provide the page which I and my wife have signed. Instead, they take a photocopy of the originally signed page (incl the sign of registrar) and then they put a stamp of registrar on it and then a true copy stamp of registrar with his sign.

what kind of spelling mistakes did he mention were there ? do you mind posting the exact wording of the refusal

The mistakes are admittedly serious. the word "Marriage" is typed as "Marraige" at some places and as "Marrige" in one of the stamp (really pathetic)

It's a mistake on my side as well that I did not notice these things and took the certificate for granted as free of any spelling errors.

The exact text of the refusal as follows
--------------------------------------------
You have applied to join your husband, who has a tier 1 visa, in the UK. His visa is valid until 01/03/13. As evidence of marriage, you have not provided your original marriage certificate. The "Memorandum of Marriage" you have submitted is marked as "True Copy". The original marriage certificate should have been submitted, and I note that throughout the copy submitted marriage is spelt incorrectly as "marraige" or "marrige". This brings into doubt the authenticity of the certificate.

I am therefore not satisfied that you are spouse or civil partner of a person who has valid leave to remain as relevant points based system migrant, or is, at the same time .... blah blah blah


In addition, I have noted that the copy "Memorandum of Marriage" you have submitted records the date of your marriage as 21/04/2007. You have submitted some wedding photographs . However, you have shown no sufficient evidence of ..... blah blah blha - about subsisting nature of relationship
------------------------------------------------------------

about the subsisting nature of relationship - I have provided the statement having joint account of me with my wife with names of both of us on the statement.

Because we were staying together all these years, I have very less chat scripts. but I will now submit whatever I have along with Facebook, Orkut, Chat and Email logs.

Also as I am now in UK (since 9th of June) , I will also provide lycamobile call logs.

But my major concern is the marriage certificate....

[guaravd]

Thanks for reply InnocentDevil

very strange. why couldn't you submit the original marriage certificate.

I belong to Gujarat and I Inquired about the marriage certificate original. But as per the office of registrar of marriage, they can not provide the page which I and my wife have signed. Instead, they take a photocopy of the originally signed page (incl the sign of registrar) and then they put a stamp of registrar on it and then a true copy stamp of registrar with his sign.

what kind of spelling mistakes did he mention were there ? do you mind posting the exact wording of the refusal

The mistakes are admittedly serious. the word "Marriage" is typed as "Marraige" at some places and as "Marrige" in one of the stamp (really pathetic)

It's a mistake on my side as well that I did not notice these things and took the certificate for granted as free of any spelling errors.

The exact text of the refusal as follows
--------------------------------------------
You have applied to join your husband, who has a tier 1 visa, in the UK. His visa is valid until 01/03/13. As evidence of marriage, you have not provided your original marriage certificate. The "Memorandum of Marriage" you have submitted is marked as "True Copy". The original marriage certificate should have been submitted, and I note that throughout the copy submitted marriage is spelt incorrectly as "marraige" or "marrige". This brings into doubt the authenticity of the certificate.

I am therefore not satisfied that you are spouse or civil partner of a person who has valid leave to remain as relevant points based system migrant, or is, at the same time .... blah blah blah


In addition, I have noted that the copy "Memorandum of Marriage" you have submitted records the date of your marriage as 21/04/2007. You have submitted some wedding photographs . However, you have shown no sufficient evidence of ..... blah blah blha - about subsisting nature of relationship
------------------------------------------------------------

about the subsisting nature of relationship - I have provided the statement having joint account of me with my wife with names of both of us on the statement.

Because we were staying together all these years, I have very less chat scripts. but I will now submit whatever I have along with Facebook, Orkut, Chat and Email logs.

Also as I am now in UK (since 9th of June) , I will also provide lycamobile call logs.

But my major concern is the marriage certificate....

Try and understand the fact that your visa is rejected for multiple reasons:
1) No proof of subsisting relationship
2) Improper Marriage Certificate

Ideally you have to submit the original papers as describe in policy document. I understand that in India there is no uniformity in documents but can't help it. You can actually submit an notarized affidavit by consulting a good lawyer and can also get the Apostilled done. I will suggest you submit both of them.

As far as proof of subsisting relationship is concern till date there is ambiguity on it and nobody knows what exactly one should submit. Nothing is specified on UKBA site but here i agree with your thoughts of submitting all the email and chat transcripts. Do submit your mobile bills highlighting calls made to your wife and at the same time submit your wife's bill as proof of her mobile number. Just in case if you have any insurance, joint insurance policy or individual policy which describes your wife as your nominee might work.

[risingsun]

Hi Guaravd

Yes, I will do the both affidavit as well as apostille to avoid all doubts.

can you / someone please share a format for the affidavit for this kind of situation ?

I am also trying for a letter from registrar of marriage certifying that the marriage certificate is genuine.

Also, will provide the driving licence of wife that has my name on it and will remind the case worker of the statements that I had provided with both of our names.

and of course the chats and emails..

[innocentdevil]

Thanks for reply InnocentDevil

very strange. why couldn't you submit the original marriage certificate.

I belong to Gujarat and I Inquired about the marriage certificate original. But as per the office of registrar of marriage, they can not provide the page which I and my wife have signed. Instead, they take a photocopy of the originally signed page (incl the sign of registrar) and then they put a stamp of registrar on it and then a true copy stamp of registrar with his sign.

what kind of spelling mistakes did he mention were there ? do you mind posting the exact wording of the refusal

The mistakes are admittedly serious. the word "Marriage" is typed as "Marraige" at some places and as "Marrige" in one of the stamp (really pathetic)

those petty mistakes can sometimes cause issues like this. Get them corrected
It's a mistake on my side as well that I did not notice these things and took the certificate for granted as free of any spelling errors.

The exact text of the refusal as follows
--------------------------------------------
You have applied to join your husband, who has a tier 1 visa, in the UK. His visa is valid until 01/03/13. As evidence of marriage, you have not provided your original marriage certificate. The "Memorandum of Marriage" you have submitted is marked as "True Copy". The original marriage certificate should have been submitted, and I note that throughout the copy submitted marriage is spelt incorrectly as "marraige" or "marrige". This brings into doubt the authenticity of the certificate.

I am therefore not satisfied that you are spouse or civil partner of a person who has valid leave to remain as relevant points based system migrant, or is, at the same time .... blah blah blah


In addition, I have noted that the copy "Memorandum of Marriage" you have submitted records the date of your marriage as 21/04/2007. You have submitted some wedding photographs . However, you have shown no sufficient evidence of ..... blah blah blha - about subsisting nature of relationship
------------------------------------------------------------

about the subsisting nature of relationship - I have provided the statement having joint account of me with my wife with names of both of us on the statement.

Because we were staying together all these years, I have very less chat scripts. but I will now submit whatever I have along with Facebook, Orkut, Chat and Email logs.

Also as I am now in UK (since 9th of June) , I will also provide lycamobile call logs.

But my major concern is the marriage certificate....

as said above, the subsisting relationship is very ambiguous subject and there is no clear cut docs for it and things change with the individual case. try to get the chat logs printed, while you were with your family, if you ever went out for a picnic, attach those pics, just any pics from near past to prove that.

[Jacob123]

Risingsun, So sorry to hear this.

I will suggest the following:

1. You shd go to the marriage registrar office and ask them to reissue marriage certificate with correct spelling. Hope they give the original this time. If they still give "Truecopy" ask them to give you a letter that this is how they give a marriage certificate.Take that letter in their letter head.Mention the same in the cover letter that you will submit while appealing/reapplying
2. As suggested if you get a "True Copy" again after reapplying submit a affidavit in a notorised stamp paper
3. Does your wife's sir name is different to yours.Generally different sir names sometimes raises doubt.
4. For Subsidising relationship, you have already given a joint bank statement, see if you have mediclaim with her name as well , insurance that has your wife as nominee, any property registered jointly, any other bills that is in joint name, email exchanged, phone bill.Does your wife's passport has your name as spouse or your passport has your wife's name as spouse. If yes show that as well

One question to you which will help me ...... When did your wife apply in the Pune VFS and when did you get the letter from them?

Cheers,
Jacov

[risingsun]

I will suggest the following:

1. You shd go to the marriage registrar office and ask them to reissue marriage certificate with correct spelling. Hope they give the original this time. If they still give "Truecopy" ask them to give you a letter that this is how they give a marriage certificate.Take that letter in their letter head.Mention the same in the cover letter that you will submit while appealing/reapplying

Yes Jacob, this is what I am trying for..

2. As suggested if you get a "True Copy" again after reapplying submit a affidavit in a notorised stamp paper

I will get this done too. Do you suggest any format for this?

3. Does your wife's sir name is different to yours.Generally different sir names sometimes raises doubt.

Her name is correctly reflected in Marriage certificate as well as passport. Along with my name. So this is not an issue.

4. For Subsidising relationship, you have already given a joint bank statement, see if you have mediclaim with her name as well , insurance that has your wife as nominee, any property registered jointly, any other bills that is in joint name, email exchanged, phone bill.Does your wife's passport has your name as spouse or your passport has your wife's name as spouse. If yes show that as well

My wife's Passport does have my name as spouse.
I dont have joint insurance/health policy etc, but in addition to the statements, I will provide chats, mails etc....

One question to you which will help me ...... When did your wife apply in the Pune VFS and when did you get the letter from them?

Date Applied : 07th June 2011
Got letter with refusal : 28th June 2011

[rajesh9pl]

To cut story short....

Re register marraige in Pune, you will get original Marriage certificate. I know it requires 1 month's notice. But you will have to do so. Visa caseworker do not accept anything below Original Marriage Certificate.

Dependent visa is solely based on Marriage certifiicate. Hence, they will never compromise on this document.

For UK visa, its not a requirement to have spouse name on passport.

[shahz]

Risingsun, So sorry to hear this.

I will suggest the following:

1. You shd go to the marriage registrar office and ask them to reissue marriage certificate with correct spelling. Hope they give the original this time. If they still give "Truecopy" ask them to give you a letter that this is how they give a marriage certificate.Take that letter in their letter head.Mention the same in the cover letter that you will submit while appealing/reapplying
2. As suggested if you get a "True Copy" again after reapplying submit a affidavit in a notorised stamp paper
3. Does your wife's sir name is different to yours.Generally different sir names sometimes raises doubt.
4. For Subsidising relationship, you have already given a joint bank statement, see if you have mediclaim with her name as well , insurance that has your wife as nominee, any property registered jointly, any other bills that is in joint name, email exchanged, phone bill.Does your wife's passport has your name as spouse or your passport has your wife's name as spouse. If yes show that as well

One question to you which will help me ...... When did your wife apply in the Pune VFS and when did you get the letter from them?

Cheers,
Jacov

I got rejected yesterday on similar grounds. My husband in of Tier 4 student and i applied as his dependent.
1. Marriage Certificate (it was original). The officer did not find the certificate convincing enough even when it was the original Form 3 registered under Hindu Marriage Act 2006.
2. Unable to prove if marriage is subsiding.

I had a question on financial documents showing nominee names. I have several documents which has my husbands name as a nominee but he has none. Do you think if I submit my life insurance policies, health insurance, credit card statements (i have given him an add on card) would work???
or it has to be his??