please help!!! spouse visa rejected!! :-( what next??

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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please help!!! spouse visa rejected!! :-( what next??

Postby pvattorney » Wed Jan 06, 2010 10:09 pm

we had a registered civil marriage on 1 oct as soon as my husband came to india on 30 sept and applied for the settlement visa. didnt submit any pictures of the registered marriage...only the original marriage certificate. we did click a few pics at my house before going to court for our registered civil marriage but forgot to include these pics with my application.

we had a wedding party in india after a week on 8th oct and went on our honeymoon in india and clicked lots of pics. but all this happened only after i submitted my visa application with only our marriage certificate as proof.

later my visa got rejected even though I had submitted my original marriage certificate of our registered civil marriage on 1 oct, 2009 on the grounds that my husband was not with me at the time of my marriage on 1 oct and i have never met my sponsor. plus we were under 21 years of age (this despite submitting our marriage certificate and passports showing our birth dates).

now confused whether to re-apply or appeal. what do u think we should do?

We are planning to go all out for our 2nd visa application or appeal. Are these supporting documents sufficient for our 2nd settlement visa application or appeal??:

1. Applicant’s passport
2. Settlement Visa Application Form VAF4A
3. 1st Refusal of Entry Clearance Notice dated ___ ref. No. _______
4. Applicant’s birth certificate (certified true copy) (showing further evidence of Applicant’s date of birth)
5. Applicant’s Income Tax PAN (Permanent Account Number) Card (original) (showing further evidence of Applicant’s date of birth and residential address)
6. Applicant’s driving license (original) (showing further evidence of Applicant’s residential address and date of birth)
7. Applicant’s father’s passport copy (evidencing father’s given name, family name, date of birth, place and country of birth and nationality) (attested copy)
8. Applicant’s mother’s notarised passport copy (evidencing mother’s given name, family name, date of birth, place and country of birth and nationality) (attested copy)
9. Applicant’s university certificate (original) (evidencing Applicant’s English language proficiency)
Sponsor’s documents (My Husband’s Documents):
10. Sponsorship undertaking form – form SU07/01
11. Copies of the Sponsor’s passport (attested)
12. Copies of the Sponsor’s passport (attested) depicting visa stamps of his travel to India in February 2009, July 2009 (for our engagement) and sept 2009 (for our wedding)
13. Copy of Sponsor’s Birth certificate (showing further evidence of his date of birth) (attested)
14. P60 (original)
15. Pay slips (original)
16. Bank statements – six months (original)
17. Copy of savings statement (ICICI)
18. Employer’s letter (original)
19. Copy of Mortgage Deed
20. Mortgage Statement (original)
21. Property Survey copy
22. Utilities’ bills (original)
23. Copy of land transaction return certificate
24. Copies of passports of Sponsor’s mother and father (attested)
25. Sponsor’s airline tickets to India (February 2009, july 2009 and sept 2009)
26. Sponsor’s OCI (Overseas Citizen of India) Card copy (attested)
Other Documents:
Evidence of Applicant’s income:
27. Bank statements (take statement)
28. Copies of fixed deposit certificates (attested)
29. Copies of national savings certificates (attested)
30.Original demat statement showing Applicant’s shares
Evidence of relationship of Applicant and Sponsor and contact between Applicant and Sponsor:
31. Marriage Registration Certificate (original) issued by the Registrar of Marriages, India
32. Photographs of Applicant and Sponsor taken at the Applicant’s house after their registered civil marriage
33. Invitation cards of the religious marriage ceremony and reception party dated 8th oct, 2009 in India of the Applicant with the Sponsor sent by the Applicant’s father and the Sponsor’s father
34. Photographs and video DVD of the religious marriage ceremony and reception dated 8th oct, 2009 in India of the Applicant with the Sponsor
35. Photographs and video DVD of the reception party of the Applicant and Sponsor
36. Banquet hall payments receipt of the religious marriage ceremony and reception party of the Applicant and Sponsor
37. Caterer’s payment receipts for catering for the religious marriage ceremony and reception party of the Applicant and Sponsor
38. Photographs and video DVD of the engagement party dated July, 2009 of the Applicant and Sponsor
38. Banquet hall payment receipt of engagement party dated July, 2009 of the Applicant and Sponsor
39. Applicant and Sponsor’s Email extracts (print out)
40. Applicant’s mobile phone bill extracts since March 2009 (print out)
41. Sponsor’s international calling card extracts
42. Photographs of Applicant and Sponsor taken at Applicant’s friend’s birthday party in July 2009 when Sponsor was in Mumbai, India
43. honeymoon photographs and airline e-tickets of the Applicant and Sponsor
44. Sponsor’s credit card statements evidencing payments made by Sponsor (see highlighted parts) of the hotel where the Applicant and Sponsor stayed after their marriage on 8th oct), payment of bill of hotel where the Applicant and Sponsor stayed when on their honeymoon and payment for airline tickets. (highlight details)

please help me out!!! u think all this will help if we apply again???? can u think of any more additional docs???

worried about only 1 thing...the pics and video and all the proof that i have is only after the registered marriage that happened a week before...does all this proof still count??

the only proof that we have to show that my husband was in india at the time of our registered civil marriage is the marriage certificate, visa stamps on his passport showing his arrival in india on 30 sept and 9-10 photos taken at my house before going to court. is this enough?????

please hear me out!!!!!!!!!!!!!!! i would be really grateful to hear from u soon as i am too stressed out and lost all hope!!!!!!!!!!!
pvattorney
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Postby batleykhan » Thu Jan 07, 2010 12:47 pm

When were you refused and what was the exact wording of the refusal.?

Answer these questions and we will tell you whether yo need to reapply or appeal.

Your comments are very confusing. Need better clarification of your circumstances
batleykhan
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Posts: 3479
Joined: Mon Jul 30, 2007 3:58 pm
Location: West Yorkshire

further details!! thanks so much batleykhan!!!

Postby pvattorney » Thu Jan 07, 2010 2:28 pm

Hi batleykhan thanks so much for responding!! god bless u!!! You are my saviour!!!

Sorry for not being very clear earlier with my entire case history. Its too long and messy and my husband and I have only ourselves to blame.

I am giving below chronologically the chain of events on my entire history. Thanks so much again!!!!!!!!

I am also giving in brackets the proof that I am planning to submit if we decide to apply or appeal again.

1. my husband is a UK citizen. I first met my husband in feb 2009 when he was in India. (proof: visa stamp on passport of his arrival in India and feb 09 airline tickets)

2. after he left we kept in touch thru phone, 1-2 emails, skype and google talk (proof: my mobile bills since march 09, 1-2 emails)

3. we decided to get engaged in july 09. he came to India for our engagement in july 09. we had abig engagement party in july 09 (proof: july airline tickets, his visa stamp on his passport showing his arrival in India in july, engagement photos, engagement rubbish DVD, banquet hall receipt where engagement party was held)

4. my husband went back to uk after our engagement (proof: visa stamp of departure from India)

2. after he left we kept in touch thru phone, skype and google talk (proof: my mobile bills)

5. I applied for a fiancée settlement visa in august 2009. [MY FIRST BIG MISTAKE AS I INTENDED TO TRAVEL TO UK IN DEC 2009 ONLY AFTER OUR MARRIAGE IN OCT 09]

6. my fiancée visa got rejected and the officer’s exact grounds of refusal were:
WHEN YOU SEEK ENTRY TO UK IN DEC 09 YOUR STATUS WOULD CHANGE FROM FIANCEE TO WIFE. THEREFORE YOU NEED ENTRY CLEARANCE TO UK AS A WIFE. VISA REFUSED

7. my husband traveled to India again for our marriage on 30 sept 09 (proof: visa stamp of his arrival in sept 09, airline tickets).

8. we had a registered civil marriage on 1st oct 09 in india (proof: marriage certificate, [giving registrar’s signature and stamp, date and place of marriage] and photos of both of us clicked at my house before going to the registrar’s office on 1st oct)

9. immediately in 2 days I applied for a spouse settlement visa (SECOND BIG MISTAKE AS THE ONLY PROOF I GAVE WAS OUR MARRIAGE CERTIFICATE AND NO PHOTOS)

10. Later a few weeks later we had a big religious ceremony and reception party in India (proof: invitation cards sent by my father and my husband’s father, wedding and reception photos (around 100) and rubbish DVD, my husband’s credit card statement showing payment of hotel bill where we stayed on our wedding night)

12. immediately after our wedding, the next day we went on our honeymoon for 5 days in India (proof: honeymoon photos, airline tickets, husband’s credit card statement showing proof of payment of honeymoon hotel bill and airline tickets)

13. my husband went bac to uk after our honeymoon (proof: visa stamp on his passport)

14. spouse visa rejected as the officer was not satisified that:

A. WE ARE OVER 21 YEARS OF AGE (THIRD BIG MISTAKE: DID NOT SUBMIT OUR BIRTH CERTIFICATE. THE FORM VAF4A DOES NOT SPECIFY BIRTH CERTIFICATE, WE THOUGHT OUR AGE PROOFS ON OUR PASSPORTS WOULD SUFFICE)

B. MY HUSBAND WAS NOT IN INDIA AT THE TIME OF OUR REGISTERED MARRIAGE ON 1ST OCT

C. I HAVE EVER MET MY HUSBAND

I feel we have made numerous mistakes as we did not submit so many material documents last time. Now I am confused whether to appeal or to re-apply with all the additional proofs.

The only grounds of appeal are that:
1. our passport that we submitted clearly show that we are over 21 years of age
2. we submitted our original marriage certificate and that is proof that my husband was in India at the time of our marriage on 1st oct 09

That is why I was thinking that we apply the third time and go all out with supporting proof, right since February (all the proof that I have described in brackets above after each point). Our case is very valid and we are very genuine, as we have never lied or given any false documents. Just made a lot of mistakes as we were in haste and took things extremely lightly. If it gets rejected the third time then we go in for appeal.

What do u think????


Now under each ground of refusal that was made last time we are giving the following additional proof:
A. WE ARE OVER 21 YEARS OF AGE:
CERTIFIED BIRTH CERTIFICATE COPIES, PASSPORTS, MY DRIVING LICENSE, MY PAN CARD

B. MY HUSBAND WAS NOT IN INDIA AT THE TIME OF OUR REGISTERED MARRIAGE ON 1ST OCT
VISA STAMP ON HIS PASSPORT SHOING HIS TRAVEL TO MUMBAI IN SEPT 09, MARRIAGE CERTIFICATE AND PHOTOS CLICKED AT MY HOUSE BEFORE GOING TO THE REGISTRAR’S OFFICE

C. I HAVE EVER MET MY HUSBAND
PROOF SINCE FEBRUARY: PHONE BILLS SINCE MARCH, ENGAGEMENT PHOTOS, ENGAGEMENT DVD, A FEW OF OUR EMAIL PRINTS, WEDDING PHOTOS, RECEPTION PHOTOS, HONEYMOON PHOTOS

U think this is enough??? Please help!!!!!!!!!!!!!! I am desperate and keep getting nightmares!!!!!!!!!! And I have given up all hope







batleykhan wrote:When were you refused and what was the exact wording of the refusal.?

Answer these questions and we will tell you whether yo need to reapply or appeal.

Your comments are very confusing. Need better clarification of your circumstances
pvattorney
Newbie
 
Posts: 10
Joined: Fri Dec 25, 2009 6:16 am

Postby batleykhan » Thu Jan 07, 2010 3:26 pm

When were you refused and what was the exact wording of the refusal.?


You still havent answered this part of my question.

The reason why I asked this, its no use appealing if you are out of time. If you dont appeal within 28 days of you recieving the refusal notice, it sto late to appeal.

If that is the case then you will have to reapply again as a new fresh application.

You havent told us the exact wording of the refusal, not what you think you have been refused for.

So now tell me are you appealing or reapplying? . From the above comments of yours, it looks like you want to appeal, but I dont think you will able to do so becase I have a sneaky feeling that you have run out of time.

Send my your private email address , so I can send you a doc which will explain the procedure and what docs you will require if you decide to make a fresh application.

I think I have spoken to you before on this subject, have I not?
batleykhan
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Posts: 3479
Joined: Mon Jul 30, 2007 3:58 pm
Location: West Yorkshire


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