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newlight1
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Joined: 23 Mar 2012
Posts: 108
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 Posted: Wed Sep 12, 2012 3:19 pm Post subject: My Fiances (fiancee) visa was refused :(( |
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My Fiancées Visa was refused and to say we are devastated is an understatement ...
She is going to scan and copy me the refusal notice in a few mins, but has told me a little about why it was refused.
My FIance said that the ECO was not satisfied that we are in a subsisting relationship and that we are not party to a marriage of convenience to facilitate her entry into the UK.
Article 8 DOES NOT apply as it is a qualified right in order to control immigration and there is no reason why family life can not be attained by your Fiancée visiting you.
I think thats what she has said but I will see the refusal notice soon and make sure.
Can anyone tell me what we need to do now? how to appeal etc? |
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Greenie
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Joined: 21 Aug 2008
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| Posted: Wed Sep 12, 2012 3:25 pm Post subject: |
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| I thought you had a solicitor? Its best to speak to him or her. |
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newlight1
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Joined: 23 Mar 2012
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| Posted: Wed Sep 12, 2012 3:28 pm Post subject: |
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| Greenie wrote: | | I thought you had a solicitor? Its best to speak to him or her. |
Yes we had one to help with the application, but only paid for that. If we want help with an appeal we have to pay an additional £1,300. Thanks! |
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newlight1
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Joined: 23 Mar 2012
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| Posted: Fri Sep 14, 2012 10:35 pm Post subject: |
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One of the reasons the ECO gave for a refusal was "your sponsor has never travelled to meet with you in your home country or meet your family"
However, as I was looking on
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/fiancee-proposed-cp/can-you-apply/genuine/
| Quote: | and your partner have visited one another's home country and family; and
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Does anyone know if that was new guidance put in since July 9th 2012? And if we can be held accountable for it, if it was not in place in the guidance at the time we made the application?
We did not know that we both had to meet in each others countries when we applied. I am sure that is new guidance as I cant remember seeing that in the old rules? If that guidance can be used in the new rules is that fair? |
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batleykhan
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Joined: 30 Jul 2007
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Location: West Yorkshire
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carlyann
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Joined: 15 Apr 2012
Posts: 82
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| Posted: Sat Sep 15, 2012 12:38 am Post subject: |
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See http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/before9july/documents/
The old wording appears to be simply 'evidence that you have met'
As I understand it the new rules shouldn't apply but perhaps they will argue that they are not imposing the new rules - just a common sense approach to meaning of genuine relationship as they always have. However, you have two other arguments against it as I see it - the case law that says the ECO shouldn't impose their own perception on how a couple should conduct their relationship and also that you have medical reasons for not travelling overseas - which is backed up by documents submited as part of the application
Was there anything else in the letter for why they believed it was not genuine?
_________________
Hoping to be reunited soon |
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newlight1
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Joined: 23 Mar 2012
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| Posted: Sat Sep 15, 2012 1:19 am Post subject: |
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| thank you |
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MWill
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Joined: 07 Dec 2007
Posts: 96
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| Posted: Sat Sep 15, 2012 7:12 am Post subject: |
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| Those guidelines are not new Rules - they're just new guidance issued to ECOs to help them assess whether a relationship is genuine, which was always, and still is, one of the requirements. If you read the IDIs, it's not a checklist - they assess everything in the application, so they wouldn't have refused just because you didn't visit her home country. There must have been other reasons as well. |
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newlight1
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| Posted: Sat Sep 15, 2012 7:20 pm Post subject: |
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| Quote: | | one of the requirements |
So one of the requirements if for both parties to have met in each others countries? And if you haven't its an automatic failure, like not having the right English test? |
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Greenie
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| Posted: Sat Sep 15, 2012 7:26 pm Post subject: |
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| Where are you quoting from? No it is not a requirement,its just part of the guidance issued to the decision maker on what to look for to determine whether a relationship is genuine. |
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Oregongirl
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Joined: 15 Sep 2012
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| Posted: Sat Sep 15, 2012 8:10 pm Post subject: |
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| I posted this in another immigration forum that you made the same post in. The main reason why you were probably refused is because you have never met in person. One of the main requirements for the fiance visa is that you have had to have met in person at least once. There is no point in trying to appeal the decision. My advice is to actually meet in person and apply again in the future. |
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newlight1
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Joined: 23 Mar 2012
Posts: 108
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| Posted: Sat Sep 15, 2012 8:35 pm Post subject: |
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| Oregongirl wrote: | | I posted this in another immigration forum that you made the same post in. The main reason why you were probably refused is because you have never met in person. One of the main requirements for the fiance visa is that you have had to have met in person at least once. There is no point in trying to appeal the decision. My advice is to actually meet in person and apply again in the future. |
Please, we have met and spent a short holiday together in person and supplied many photos of us together. |
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Oregongirl
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Joined: 15 Sep 2012
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| Posted: Sat Sep 15, 2012 8:55 pm Post subject: |
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| newlight1 wrote: | | Oregongirl wrote: | | I posted this in another immigration forum that you made the same post in. The main reason why you were probably refused is because you have never met in person. One of the main requirements for the fiance visa is that you have had to have met in person at least once. There is no point in trying to appeal the decision. My advice is to actually meet in person and apply again in the future. |
Please, we have met and spent a short holiday together in person and supplied many photos of us together. |
Have never seen you mention that before.You say she was refused visitor visas to the UK twice and that you can't travel.How did you meet then? Makes no sense to me at all. If I'm wrong I'm wrong but something doesn't feel right to me.If you were unable to make it to Albania and she was unable to make it to the UK you both have had to have travelled to a third country to meet.Plus you have never posted the enitre UKBA decision letter on the other forum like requested. If you really wanted help you would have done that the minute it was asked yesterday. Instead, you haven't been over there at all. Makes me think you are hiding something and not telling the truth.
This makes me angry because people help others on these boards for free and take time out of their day to do so. |
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newlight1
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Joined: 23 Mar 2012
Posts: 108
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| Posted: Sat Sep 15, 2012 10:47 pm Post subject: |
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| Code: | | Have never seen you mention that before. |
Yes I have.
| Quote: | You say she was refused visitor visas to the UK twice and that you can't travel.
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Its is true I am unable to travel, and untill May I could not travel either, not without certain help for one of my disabilities and in certain situations which made traveling before May possible but difficult. Since May for reasons disability related I can not travel at all.
| Quote: | | How did you meet then? |
We met in a 3rd country before May.
| Quote: | Instead, you haven't been over there at all. Makes me think you are hiding something and not telling the truth.
This makes me angry because people help others on these boards for free and take time out of their day to do so |
To me that is extremely insulting to me that you say that and highly offensive to me. This is has been a very very stressful and upsetting time for us, seeing my Fiancée in tears on skype, waking up thinking it was a bad dream!!! I do not appreciate such insinuations especially in light of it being the worst time of my life! Plans for Christmas apart, Birthday apart everything we had been looking forward too.
Last edited by newlight1 on Sat Sep 15, 2012 11:14 pm; edited 1 time in total |
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Oregongirl
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Joined: 15 Sep 2012
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| Posted: Sat Sep 15, 2012 11:14 pm Post subject: |
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| newlight1 wrote: | | Code: | | Have never seen you mention that before. |
Yes I have.
| Quote: | You say she was refused visitor visas to the UK twice and that you can't travel.
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No I am unable to travel long distances since May since the worsening of one of my disabilities, previously I could travel but with great difficultly.
| Quote: | | How did you meet then? |
We met in a 3rd country before May.
| Quote: | Instead, you haven't been over there at all. Makes me think you are hiding something and not telling the truth.
This makes me angry because people help others on these boards for free and take time out of their day to do so |
To me that is extremely insulting to me that you say that and highly offensive to me. This is has been a very very stressful and upsetting time for us, seeing my Fiancée in tears on skype, waking up thinking it was a bad dream!!! I do not appreciate such insinuations especially in light of it being the worst time of my life! Plans for Christmas apart, Birthday apart everything we had been looking forward too. |
On yet another immigration board you said back in February that you could not travel. Here is the quote:
'Well I am disabled and can not travel so she is ok with that she will have to do the travelling. Well we are certain we are right for eachother and it really is genuine love and she has applied for a tourist visa to also come and meet me for the first time in person as to apply for a fiancée visa you have to have met in person atleast once. Well she has been been refused a tourist visa at the British Embassy in Albania, she was also going to travel with her sister and she was also refused. '
http://britishexpats.com/forum/showthread.php?t=752992
Those are your own words from February the 13th. Sorry, something still smells fishy. I think the UKBA was right in their decision. |
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newlight1
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Joined: 23 Mar 2012
Posts: 108
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| Posted: Sat Sep 15, 2012 11:16 pm Post subject: |
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SanDiegogirl , its is true I am unable to travel, and untill May I could not travel either, not without certain help for one of my disabilities and in certain situations which made traveling before May possible but difficult, generally speaking I could not travel though until May and even more so since May. Since May for reasons disability related I can not travel at all.
Who are you anyhow? You are obviously a Brit living in America. IS this what you want to do, just try to spend your time trying to trip people up and try to find things to try and make contradictions? Rather than help people? What kind of person are you? I came here for help not be insulted. Why don't you go on to the back onto the other board where you can treat people more this way. Why did yuo have to join this board, people here are lovely and helpful, your attitude does not fit in with these boards.
I am a Christian and doing things in a deceitful is against my faith I dont appreciate you treating me with contempt, OK, take a deep breath, as a Christian I need to try to love everyone....
Last edited by newlight1 on Sat Sep 15, 2012 11:39 pm; edited 1 time in total |
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Oregongirl
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Joined: 15 Sep 2012
Posts: 5
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| Posted: Sat Sep 15, 2012 11:34 pm Post subject: |
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| newlight1 wrote: | SanDiegogirl , its is true I am unable to travel, and untill May I could not travel either, not without certain help for one of my disabilities and in certain situations which made traveling before May possible but difficult, generally speaking I could not travel though at all until May and even more so since May. Since May for reasons disability related I can not travel at all.
Who are you anyhow? You are obviously a Brit living in America. IS this what you want to do, just try to spend your time trying to trip people up and try to find things to try and make contradictions? Rather than help people? What kind of person are you? I came here for help not be insulted. Why don't you go on to the other board where you can treat people more this way.
I am a Christian and doing things in a deceitful is against my faith I dont appreciate you treating me with contempt, "I will bless those who bless you and curse those who treat you with contempt! Genesis 12:3 |
Nope. not trying to rip people apart. Just trying to get to the bottom of things. You have posted practically the same immigration questions on at least 5 different message boards. It only took me a quick Google search to find that out. Other people doubt you as well. It doesn't make me feel good doing this, it actually makes me really,really sad that I have found this info out. |
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newlight1
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Joined: 23 Mar 2012
Posts: 108
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| Posted: Sat Sep 15, 2012 11:38 pm Post subject: |
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What info are you talking about??? Ive not said anything that is contradictory at all.
| Quote: | | It doesn't make me feel good doing this, it actually makes me really,really sad that I have found this info out. |
Tell me what it is that you have found out that makes you feel so so sad, I would love to know?
Ohh sorry you said you think the ECO was right with their decision, which the ECO stated "party to a marriage of convenience to facilitate her entry into the UK." OK so thats what you think too! to me thats the worst insult that is possible. Well as it happens thats not true.
What have I been contradictory about? Do people post every single thing about themselves online? No of course not, which can sometimes lead people to think things that are not there also.
What is this info you have found out that makes you really sad? Please post it? I would love to know?
The way you are going on is not the way people go on on these boards. |
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Oregongirl
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Joined: 15 Sep 2012
Posts: 5
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| Posted: Sun Sep 16, 2012 12:36 am Post subject: |
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| newlight1 wrote: | What info are you talking about??? Ive not said anything that is contradictory at all.
| Quote: | | It doesn't make me feel good doing this, it actually makes me really,really sad that I have found this info out. |
Tell me what it is that you have found out that makes you feel so so sad, I would love to know?
Ohh sorry you said you think the ECO was right with their decision, which the ECO stated "party to a marriage of convenience to facilitate her entry into the UK." OK so thats what you think too! to me thats the worst insult that is possible. Well as it happens thats not true.
What have I been contradictory about? Do people post every single thing about themselves online? No of course not, which can sometimes lead people to think things that are not there also.
What is this info you have found out that makes you really sad? Please post it? I would love to know?
The way you are going on is not the way people go on on these boards. |
I'm okay with being wrong, but I honestly think something isn't right. If your relationship is genuine I really do hope you get to be together in the future. |
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newlight1
Member of Standing
Joined: 23 Mar 2012
Posts: 108
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| Posted: Sun Sep 16, 2012 12:53 am Post subject: |
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| Quote: | | I'm okay with being wrong, but I honestly think something isn't right. If your relationship is genuine I really do hope you get to be together in the future. |
Thats fine you can think something isnt right, I know in my heart everything is right. Thanks for saying if our relationship is genuine then you hope we do get to be together but I don't see how we can get to be together now. Everyone deserves happiness and love and someone to love them. |
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