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Tier 2 dependent application

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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TDDFA
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Tier 2 dependent application

Post by TDDFA » Thu Jul 30, 2015 2:58 pm

Hi

I (Iranian) and my wife (she is Chinese) are together about two years when I was in China. Now I have Tier-2 general visa. We got married on the June 30, 2015 and she applied for Tier-2 dependent visa on July 13. Today, they was rejected due lack of providing evidence of relationship with her sponsor (other than a legal marriage), Paragraph H 319C (d) (e). We submited our marriage certificate and other general documents, but no photo or anything.

Now, we want to apply again, we have loads of photos from Summer 2012 to June 2015. And I have my China visas and our several trips to Malaysia and cities in China. Based on my googling, we also need to submit phone calls, emails, and chat. But we always used FaceTime to video chat, and Chinese app WeChat. Now, would you please let me know what can I do?
I never used my phone to call her, or never recorded our FaceTime chat (who does it!!!). now I can only provide: 1) pictures, 2) our flight tickets, 3) my China visas for last two years , 4) nothing else :(

Will I be able to bring my wife to UK? or we will live separately for next three years (thanks to Paragraph H 319)!!! GOD, please help me ! :( :( :(

Thank you

oj.bulmer
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Re: Tier 2 dependent application

Post by oj.bulmer » Thu Jul 30, 2015 3:07 pm

TDDFA wrote:I never used my phone to call her, or never recorded our FaceTime chat (who does it!!!). now I can only provide: 1) pictures, 2) our flight tickets, 3) my China visas for last two years , 4) nothing else
How about emails, Whatsapp/Gtalk/Facebook chats, receipts of gifts/funds you sent her? There must be some way of demonstrating that you two were in contact? I provided Whatsapp chats, emails, photos of our wedding, wedding invitation cards and that was sufficient.

TDDFA
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Re: Tier 2 dependent application

Post by TDDFA » Thu Jul 30, 2015 3:53 pm

Facebook and other software which we normally use here such as WhatsApp or Viber are filtered in China. We have lots of text in WeChat (Chinese app), but I don't know how to copy-paste them :( will take pic, maybe and connect to gether.
Anyway, do you think these unofficial stuff will prove our relationship? Anything special and formal do I need?
BTW thanks for your reply :)

oj.bulmer
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Posts: 41
Joined: Mon Jul 07, 2014 9:55 am

Re: Tier 2 dependent application

Post by oj.bulmer » Thu Jul 30, 2015 4:05 pm

TDDFA wrote:Facebook and other software which we normally use here such as WhatsApp or Viber are filtered in China. We have lots of text in WeChat (Chinese app), but I don't know how to copy-paste them will take pic, maybe and connect to gether.
Anyway, do you think these unofficial stuff will prove our relationship? Anything special and formal do I need?
Please have a read through my elaborate post here. I have posted my covering letter and employer's maintenance letter and should give you an idea about what I submitted.
http://www.immigrationboards.com/uk-tie ... l#p1135546

I would submit anything that would help. Wechat should have an option to take backup of your chats in your phone. You can export that backup as a txt file and paste it nicely in a Word file and take a print. The total whatsapp chat I had with my wife exceeded 300 pages! I printed 4 pages each for every month intermittently. I know this is not as authentic proof as telephone bills of you two showing numbers of each other, but it is better than nothing! There are no specific guidelines as to how to prove your relationship is subsisting and it is applicant's responsibility to prove this. Provide what you can and explain everything neatly in cover letter, that is the most you can do anyway.

TDDFA
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Re: Tier 2 dependent application

Post by TDDFA » Thu Jul 30, 2015 4:27 pm

Thank you very much. I will follow it.

One question, if Embassy again don't accept my wife's new applicarion, what does happen next? Is there any other kind of visa (simple than Tier-2 dependant) which she applies for, and she comes to UK even for few month, later I can give up my job, UK and their visa and go to China, Iran or other countries which are more logical ...!?

oj.bulmer
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Re: Tier 2 dependent application

Post by oj.bulmer » Thu Jul 30, 2015 4:46 pm

Be aware that you have to mention the refusals of visa on any further forms and once you mention that Tier 2 dependent visa was refused twice, obviously any other type of visa application, like Visitor Visa, will be seen as another attempt to enter the UK and may likely be refused. If you are concerned about refusal, take help of an immigration solicitor (OISC approved). The solicitor will have his fee but his professional skills of putting your case together may be helpful here.

TDDFA
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Re: Tier 2 dependent application

Post by TDDFA » Thu Aug 20, 2015 10:29 am

Hi

All these days I was busy to prepare documents to submit a fresh applucation for Tier-2 General dependent.

We could prepare the following documents:

1- Printed 140 photos from three years ago, I and my wife together in different cities and ... (some with my parents and brother)
2- Chat records (Wechat, Chinese app) for last 8 months (since I changed my phone on January)
3- chat records and iMessage from three years ago but not continues (we changed our phones and some lost)
4- some photo from two month ago our tiny wedding ceremony in China with friends

5- Original tenancy agreement (with DPS) for a two bedroom property in UK.
6- A letter from agent on behalf of landlord showing the landlord agreeable to the main applicant's dependent moving into the property.
7- Council Tax Bill and utility bills showing my name and address
8- Original contract and a certificate of employee letter from University
9- Bank statement showing that the funds in the account have not fallen below £630 in the period of last 5 months.
10- A certificate of employment showing detail of my contract, starting date, salary and address.
11- An invitation letter signed by me taking the complete responsibility to support the dependant during her stay in the UK.

12-Original and certified translation of marriage certificate.
13- Copy of the flight tickets for the main applicant to travel to/within China for the marriage registration
14- copy of tickets shows I was in China for almost 21 months in last 3 years and I went to my wife's city a lot
15- All my offer letters from Chinese Universities and my Chinese visas (even I send my original previous passport) to show I was in China last 3 years

I hope we will be successful with these documents.

BUT, the big problem is a letter from employer that tells they will support my dependent first month, which I saw everyone submitted!! (my sponsor is a big University and A-rated and I can't understand why we need this letter when I have salary here and I showed my saving).

The problem is, my Uni doesn't mention my wife's name in their letter and they have only one format from HR services. They said it's not their position to prove my marriage or my wife's name, and it's HO responsibility to decide is she my wife!? (which makes sense) they are my sponsor and they said my salary is enough to support my family. They said everyday 10s Chinese and other nations bring their wife to UK with the same letter !!!

Guys, what should I do? Should we apply with those documents I mentioned before without the damn letter showing my wife's name? or again they will reject me? How can I solve this problem? who can give me that letter? :-( as I mentioned before, Uni doesn't have any other format of letters!

Thanks

manci
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Re: Tier 2 dependent application

Post by manci » Thu Aug 20, 2015 11:36 am

read paras 58, 59 and 95:
https://www.gov.uk/government/uploads/s ... e_0415.pdf

the required funds can be either in your or her account, or a combination of both.

TDDFA
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Re: Tier 2 dependent application

Post by TDDFA » Thu Aug 20, 2015 11:55 am

Hi Manci,

Thank you very much, I read them 10 times, but the stories people wrote here all are confusing. As I understand, if I have enough saving to support my wife (showing not less that £630 during last 3 months) will be enough. So I don't need to ask for more supporting letters from my University to mention my wife's name or ...Therefore, the letter other friends mentioned in their posts is only for funds for maintenance purpose !?

BTW, would you please let me know my listed documents in the previous post are enough to be successful or not? FYI we had a refused application last month since we just submitted a marriage certificate and nothing else.

Decision: "Given that your application provides no evidence of your relationship with your sponsor (other than a legal marriage) or of any contact either before or after your marriage registration, I am therefore not satisfied that your relationship is subsisting or that you intend to live with your sponsor throughout his stay in the UK, as required by paragraph h319C (d) (e) of the immigration rules."

Thank you, indeed.

manci
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Re: Tier 2 dependent application

Post by manci » Thu Aug 20, 2015 12:16 pm

TDDFA wrote:Hi Manci,

Thank you very much, I read them 10 times, but the stories people wrote here all are confusing. As I understand, if I have enough saving to support my wife (showing not less that £630 during last 3 months) will be enough. So I don't need to ask for more supporting letters from my University to mention my wife's name or ...Therefore, the letter other friends mentioned in their posts is only for funds for maintenance purpose !?
if you read para 58 in the guidance you know what the rules are (note the OR between the two bullet points) - caseworkers must go by the rules

BTW, would you please let me know my listed documents in the previous post are enough to be successful or not? FYI we had a refused application last month since we just submitted a marriage certificate and nothing else.
I think you are submitting ample evidence

Decision: "Given that your application provides no evidence of your relationship with your sponsor (other than a legal marriage) or of any contact either before or after your marriage registration, I am therefore not satisfied that your relationship is subsisting or that you intend to live with your sponsor throughout his stay in the UK, as required by paragraph h319C (d) (e) of the immigration rules."
you can read what immigration rule 319C is here:
https://www.gov.uk/government/uploads/s ... Part_8.pdf
the caseworker has to decide whether the rules are satisfied, i.e. if the marriage is subsisting

Good luck - hope you will be able to return to the forum and report that your wife's application has been successful
Thank you, indeed.

TDDFA
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Re: Tier 2 dependent application

Post by TDDFA » Fri Aug 21, 2015 10:57 am

Hi

I'm going to submit my wife's Tier 2 General dependent application and a confusion is here:

in the Section Maintenance , which option should I be selected:
1- Own/Main applicant fund
2- Parent or legal guardian fund (is not this)
3- Tier 2 Skilled worker with A rated Sponsor
4- Tier 4 ... (is not this)

In my CoS it's mentioned: it is an A rated sponsor, has undertaken the Resident Labour Market Test (RLMT) (the job is not on the shortage occupation list) and has certified maintenance for you.

But I'm not sure between 1 and 3? My Sponsor is a University in the UK, A rated, but why there's no Tier 2 General , (it's skilled worker)? So should I choose 1? I am also submitting my bank statement for last 3 months.

So please let me know 1 or 3?

Thanks

manci
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Re: Tier 2 dependent application

Post by manci » Fri Aug 21, 2015 3:28 pm

Even though you are applying online it would help if you looked at Part 5 of the paper application form VAF10 and the guidance notes that go with it as they have some explanations:
https://www.gov.uk/government/uploads/s ... /vaf10.pdf
https://www.gov.uk/government/uploads/s ... idance.pdf

if you are using your funds it is N.o 1, if you have a letter from your sponsor certifying your dependants' maintenance it is No. 3

TDDFA
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Re: Tier 2 dependent application

Post by TDDFA » Fri Aug 21, 2015 4:08 pm

Thank you very much,

Since I'm using my fund and sponsor didn't provide a kind letter, so: (1) Own/Main Applicant Fund

TDDFA
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Re: Tier 2 dependent application

Post by TDDFA » Tue Aug 25, 2015 8:31 am

Hi

We have almost 100 pages document to submit with Tier 2 visa application. Can we separate and categorise them using stapler or paper clips?
Thank you

Shah1698
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Re: Tier 2 dependent application

Post by Shah1698 » Fri Aug 28, 2015 8:51 am

TDDFA wrote:Hi

We have almost 100 pages document to submit with Tier 2 visa application. Can we separate and categorise them using stapler or paper clips?
Thank you
If I were you, I would do that. It is good to put the labels. Do not stample but use paper clips instead.
Shah

TDDFA
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Re: Tier 2 dependent application

Post by TDDFA » Mon Oct 19, 2015 3:35 pm

Hi
My wife finally got visa few weeks ago, I had a long trip so couldn't update here. She also collected her BRP last week from post office. Now, everything is sorted out, thank you guys for your advices.

BTW the embassy in Beijing didn't accept/collect transcripts of chat or messages. They said it's not important since they're not strong evidence. I think most important letter was my invitation/support letter as well as house agreement.
Cheers

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