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Marriage visa refused, appeal?

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Joined: Mon Oct 19, 2015 4:09 pm

Getting married in the UK (recently divorced)

Post by ryuzaki » Mon Jan 29, 2018 11:32 am

I want to marry my long term partner in the UK. I intend to apply for a marriage visa for her. She is a Chinese national, but was living in Japan for about 10 years until December 2017. I have visited her in China over the new year and sent her money for years.

She was divorced from a Japanese man in November 2017, shortly before returning to China. Their relationship broke down several years ago, and we have been together for about six years now.

I have some questions about the application. She is currently unemployed, I am sending her money to live off. I will send bank statements and wage slips (no issues with not earning enough to support her). Is there anything else I should do?

Since she was only recently divorced and basically didn't get divorced for all those years because it would have forced her to leave Japan, how should I handle it? They will want to see the divorce certificate. Is there anything I need to put in the notes about the short time between her divorce and new marriage?

How much evidence of our relationship is required? I can show airline tickets going back years, bank transfers going back years, photos... We chat on instant messenger apps, I don't have extended history of that.

I understand that the Home Office has a "hostile environment" policy and will do anything possible to refuse the visa. I tried contacting a couple of immigration lawyers near me but didn't get any response to my emails. Should I get a lawyer to check the application? It doesn't seem that complex but I'm worried about the HO.

Am I right in thinking that if the HO refuses the visa it could be harder to apply for, say, an EEA spouse visa in an EEA country later?

Thanks for any advice.

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Marriage visa refused, appeal?

Post by ryuzaki » Wed Mar 14, 2018 12:42 pm

My fiancee is Chinese and her marriage visa was refused. Reasons given are that she used the Chinese translation of my name in the interview and was not very familiar with UK geography or able to remember the English name of the place where I live. She does not speak English at all.

Is appealing the best thing to do now? She is devastated and near suicidal, so I don't want her to face a tribunal but I understand this can't be avoided.

If I appeal how should I refute these reasons? Her inability to speak English cannot be overcome any time soon but is not reason to deny a marriage visa AIUI.

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Re: Marriage visa refused, appeal?

Post by CR001 » Wed Mar 14, 2018 12:47 pm

What was the exact text of the refusal, taking out any personal details?

If she is unable to speak any English, how did she manage to pass the English test for a settlement visa?
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Re: Marriage visa refused, appeal?

Post by ryuzaki » Wed Mar 14, 2018 1:58 pm

Thanks for responding.

This is a marriage visa, not a settlement one. We just want to get married, so it is a temporary visa. English skills are not a requirement.

For clarity she does know my full name and where I am from, but because she does not speak English and was nervous at the interview she had difficulty repeating all that information. We have been together for nearly 11 years.

Also the stuff about it not being clear where we will live is just nonsense. I clearly stated in a letter included with the application that we intended to live in the UK while we got married, then she would return to China and I would likely move to an EEA country. This was extremely clear and unambiguous. I wish I hadn't said it now but the application process seemed concerned about her plans to leave post marriage.

Here is the text:

Your application for a visit to the United Kingdom has been refused.

How your application was considered

You have applied for a visa to visit the UK.

In deciding whether you meet the requirements of Appendix V Immigration Rules for visitors I have considered:

- your application and any additiona relevant information you have provided with it
- your immigration history
- an interview with you an an Entry Clearance Assistant (ECA)

The decision

I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V4.2 and V6.3 of Appendix V Immigration Rules for Visitors because:

- You have applied for a leave to enter to visit the UK for 3 months and 18 days for the purpose of marriage

- I have considered the information you have provided about your personal and economic circumstances. You state that you intend to travel to the UK to marry your fiance, [English name] who you refer to as [Chinese translation of name]. In an interview conducted with yourself and an Entry Clearance Assistance (ECA) you were unable to provide basic details about your sponsor such as his full name and where in the UK your sponsor originates. It is reasonable to expect that you would know this information about someone with whom you intend to marry.

- In addition, it is noted that you are unemploued and supported by your sponsor financially. You state that your fiance may move to [EEA country] for work but the documents you have provided do not support this there it is unclear where you intent to reside with your sponsor post marriage.