APPEAL AGAINST REFUSAL - SETTLEMENT WIFE - CONFUSED AND HELP

Hi

My wife has applied for her settlemnet wife visa from India. Today we got the documents back and its been refused. Now we are confused whether we should appeal or we should re-apply. Details below.

We both are divorced since 2013 and we got married on April 2015. After marriage my wife visited UK on tourist permit for her brother's graduation ceremony in June. While applying for her tourist permit we have mentioned clearly our marital status and it was approved and the Visa was issued. We have an agent who help us with the documentation process. Since we apply all visas through them we have asked them to help us with the settlement visa too.

The online application form, my wife sat with the agent and filled where she mentioned about our status. The agent had asked for all relevant documents they required and we have provided them. They havent asked us anything related to our previous marriage. Since i (uk ILR) has applied with my status as divorced we thought its enough and aloso we have already a tourist permit approved.

Now the reason for refusal is my wife had travelled to UK (as tourist) while she was married earlier and there is no document submitted to prove that she was legally divorced. To add to the problem, the agent filled the Appendix 2 for section 1.21 as No - which means that we both are not previously married. we missed this because there was nothing to sign in that form.

Now my confusion is what should we do? Should we appeal with all the relevant judicial orders we have against the decision stating that its a clerical error from the side of the agent or we should simply re-apply. The only issue i forsee when we re-apply is that, what if the officer ask why we have provided a false claim before.
I was thinking of applealing first and see if we can overturn the decision, even if they dont we can use that to re-apply as stating simply about the agent wouldnt help us(that is my feel).

I always refer back to this forum for help hence i would appreciate urgent help from you relating to this.

thanks

Any help on this would be appeciated.

cherokee2015 wrote:Any help on this would be appeciated.

I suggest you make a new application. Mentions your previous refusal and explain it in your cover letter that you were wrong not to mention the previous marriage. Be honest and admit that you are deeply sorry and provide divorce or degree absolute and hopefully.

You may also wish to discuss with UK immigration lawyer.

You should appeal.

The difficulty is, why did your wife say she was married before?

Obie wrote:You should appeal.

The difficulty is, why did your wife say she was married before?

hi Obie,

She was indeed married before, but the agent didnt knew our status who helped us fill the application.

That is unacceptable . You should appeal.

luvdmx wrote:

cherokee2015 wrote:Any help on this would be appeciated.

I suggest you make a new application. Mentions your previous refusal and explain it in your cover letter that you were wrong not to mention the previous marriage. Be honest and admit that you are deeply sorry and provide divorce or degree absolute and hopefully.

You may also wish to discuss with UK immigration lawyer.

I agree with luvdmx. It is better to make a fresh application as you have mentioned something wrong in your application. I dont think UKBA consider any if you say it was agent who did wrong. Good luck.

New application with explanations of previously missed or incorrect information at appropriate places (within form) and covering letter.