UK tier 4 dependant visa refused :(

Nidskhan · Post by **Nidskhan** » Sun Nov 20, 2011 3:08 pm

Hii all
My husband is in uk on student visa and we have just got married last month. I applied for pbs tier 4 student dependant visa but got refused under paragraph 319C (d) and (e) stating that the marriage is not subsisting and we dont intend to live together in UK. now can anyone plz help me as i am reapplying, what documents i need to provide?[/b]

Post by **Greenie** » Sun Nov 20, 2011 3:51 pm

what reasons did they give for saying that your marriage is not subsisting and you do not intend on living together in the UK?

Nidskhan · Post by **Nidskhan** » Mon Nov 21, 2011 9:12 am

The ECO gave reason that the proof submitted was not enough to prove our relationship.. i submitted marriage certificate, our wedding photos and 5 emails(but actually now i came to know that emails were not enough) to prove our relationship.

Nidskhan · Post by **Nidskhan** » Mon Nov 21, 2011 9:13 am

i need to know what documents exactly i need to provide as i am going to reapply soon

Post by **geriatrix** » Mon Nov 21, 2011 5:37 pm

When were you married?
Since when has your spouse been living in the UK?

rizwanvu · Post by **rizwanvu** » Mon Nov 21, 2011 7:12 pm

ur husband study in college or university because according to new law you can come only if your husband in university and also in master level degree course. what your case explain here plz

Deviser · Post by **Deviser** » Mon Nov 21, 2011 8:41 pm

They recently introduce a rule for Pakistani nationals. According to which from Monday 24 October 2011, all Nikah Namas (the local marriage certificate) submitted in support of an application must be registered and endorsed by the appropriate Union Council. Applicants submitting a non-registered or non-endorsed document may be refused.

This rule introduce on 24 October 2011 so you may not know this chage. But its just a little part of rules and regulation. Visa matters are so typical now and even solicitors got confused some times. So its better to consult a good immigration lawyer. Otherwise you gonna pay alot as visa fee.

Nidskhan · Post by **Nidskhan** » Tue Nov 22, 2011 8:45 am

I got married last month on 8 october 2011...and my husband is in uk since july 2009.

Nidskhan · Post by **Nidskhan** » Tue Nov 22, 2011 8:51 am

my husband is doing ACCA from LSBF(highly trusted) which i know is not a university but ACCA is a professional course which lasts more than 12 months...my husband has made inquires to UKBA regarding new rules and they said that since he is an old student he wont be affected by new rules and he can bring dependant....thats why we made this application but my reason of refusal was not the new rules but they refused me on relationship basis(which i got to knw is quiet common these days)

....
Now i want to reapply but this time i want to be sure that i dont miss any document..what documents should i provide to prove the genuinity of our relationship???
Last time when i made application i only provided marriage certificate and some photos of our wedding..

Nidskhan · Post by **Nidskhan** » Tue Nov 22, 2011 8:53 am

Deviser wrote:They recently introduce a rule for Pakistani nationals. According to which from Monday 24 October 2011, all Nikah Namas (the local marriage certificate) submitted in support of an application must be registered and endorsed by the appropriate Union Council. Applicants submitting a non-registered or non-endorsed document may be refused.

This rule introduce on 24 October 2011 so you may not know this chage. But its just a little part of rules and regulation. Visa matters are so typical now and even solicitors got confused some times. So its better to consult a good immigration lawyer. Otherwise you gonna pay alot as visa fee.

I am not pakistani,,am indian so will this new rule regarding nikah nama affect me.?

Post by **Greenie** » Tue Nov 22, 2011 9:18 am

Nidskhan wrote:my husband is doing ACCA from LSBF(highly trusted) which i know is not a university but ACCA is a professional course which lasts more than 12 months...my husband has made inquires to UKBA regarding new rules and they said that since he is an old student he wont be affected by new rules and he can bring dependant....thats why we made this application but my reason of refusal was not the new rules but they refused me on relationship basis(which i got to knw is quiet common these days) ....
Now i want to reapply but this time i want to be sure that i dont miss any document..what documents should i provide to prove the genuinity of our relationship???
Last time when i made application i only provided marriage certificate and some photos of our wedding..

They may not have refused on the basis of the new rules, but they were wrong not to do so and they are not precluded from raising this as a new ground of refusal if you appeal, or make a further application. If your husband is being sponsored directly by LSBF then it doesn't matter that he is an old student - if he is now here on Tier 4 then he can't sponsor new dependents if he is not studying at an HEI on level 7 course that is more than 12 months long, and is not a government sponsored student studying a course that is more than 6 months long.

See can you bring your family

Nidskhan · Post by **Nidskhan** » Tue Nov 22, 2011 2:14 pm

But this course ACCA is NQF LEVEL 7 course....besides my husband had a conversation with UKBA and they guys confirmed that he can bring dependant....and for assurity we kept a copy of email conversation between him and UKBA in my application..therefore the ECO didn't put me under the rule thing........
aaarrrrggghhh...god plz save me i need a visa ASAP... its very complicated...... Any help from you guyz will be much appreciated..

Post by **Greenie** » Tue Nov 22, 2011 2:24 pm

Nidskhan wrote:But this course ACCA is NQF LEVEL 7 course....besides my husband had a conversation with UKBA and they guys confirmed that he can bring dependant....and for assurity we kept a copy of email conversation between him and UKBA in my application..therefore the ECO didn't put me under the rule thing........
aaarrrrggghhh...god plz save me i need a visa ASAP... its very complicated...... Any help from you guyz will be much appreciated..

Conversations with the UKBA don't override the rules, specifically 319C(i) The fact that the course is Level 7 is not enough, he has to be sponsored by Recognised Body or a body in receipt of funding as a higher education institution.

Nidskhan · Post by **Nidskhan** » Tue Nov 22, 2011 2:46 pm

hmmmm correct me if i am wrong...but LSBF is a Highly trusted sponsor and HEI...isn't it???

Post by **geriatrix** » Tue Nov 22, 2011 2:49 pm

Nidskhan · Post by **Nidskhan** » Tue Nov 22, 2011 3:58 pm

alrite...i got that.....
but i got refused under immigration rules paragraph 319C (d) and (e)..so if the ECO wanted to refuse me under new rules HE would hv refused me vd 319C (i) as welll.......

so is it possible for them to state only few reason out of all for refusing an application AND they can refuse me next time vd different reason.

Post by **Greenie** » Tue Nov 22, 2011 4:11 pm

Nidskhan wrote:alrite...i got that.....
but i got refused under immigration rules paragraph 319C (d) and (e)..so if the ECO wanted to refuse me under new rules HE would hv refused me vd 319C (i) as welll.......

so is it possible for them to state only few reason out of all for refusing an application AND they can refuse me next time vd different reason.

yes.

Nidskhan · Post by **Nidskhan** » Tue Nov 22, 2011 4:19 pm

so in that case what is your advice...?? what should i do....plz help

Deviser · Post by **Deviser** » Tue Nov 22, 2011 5:15 pm

After changes in Tier-4 visa rules getting visa is not easy as before. The basic requirement is, your husband must be studying in a year-long, level 7 course in HEI.

So I think there is no question you will get visa as LSBF is not a HEI.

Post by **Greenie** » Tue Nov 22, 2011 5:21 pm

Nidskhan wrote:so in that case what is your advice...?? what should i do....plz help

by all means appeal and provide evidence that your marriage is subsisting, but don't be surprised if they raise new grounds of refusal under 319C (i)

Nidskhan · Post by **Nidskhan** » Tue Nov 22, 2011 6:28 pm

but this new rule is applicable to new students only and my husband is old student.he got admission b4 4 july 2011 b4 the changes of rules and ukba confirmed it by saying new rules wont affect us.

Post by **Greenie** » Tue Nov 22, 2011 6:55 pm

The new rule is not applicable to new students only, it is applicable to new dependents. If a dependent does not already have existing permission to stay as a dependent (which you don't) then they are effected by the new restrictions. Do read the links in my previous posts.

Nidskhan · Post by **Nidskhan** » Wed Nov 23, 2011 2:56 pm

thanks a lot for giving me rite advice...i appreciate u guyz.....

ONE MORE QUERY--- can i make appeal and reapply at the same time..?

Post by **geriatrix** » Wed Nov 23, 2011 5:54 pm

Nidskhan wrote:ONE MORE QUERY--- can i make appeal and reapply at the same time..?

Yes.

Nidskhan · Post by **Nidskhan** » Wed Nov 23, 2011 7:45 pm

which is better....oral hearing or paper based procedure?????

Advice needed

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UK tier 4 dependant visa refused :(

UK tier 4 dependant visa refused :(