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Refusal of fiancee visa

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Belma2874
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Bosnia & Herzegovina

Refusal of fiancee visa

Post by Belma2874 » Wed Jan 17, 2018 4:28 pm

Hello!
Apologies If I am posting this in the wrong section...
Yesterday we have received refusal for my Fiance
To enter on the grounds of "Non genuine and non subsidising relationship"
Application was logged by Immigration adviser
Together with all relevant supporting documents.
Question I have is:
Worth mentioning Immigration adviser is not being useful at all....
Could not get hold of her all morning today,
When eventually she did reply
Her view and opinion of refusal reasons/letter was
"""ECO COCKED UP"""


Is it better to go down of appeal route?
Or to apply fresh?

Please help!

Thank you

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CR001
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Re: Refusal of fiancee visa

Post by CR001 » Wed Jan 17, 2018 4:47 pm

What is the exact text of the refusal?

What evidence did you submit?

Assuming you applied for the £1,464 6 month visa and not the cheaper £85 one.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Belma2874
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Bosnia & Herzegovina

Re: Refusal of fiancee visa

Post by Belma2874 » Wed Jan 17, 2018 5:11 pm

Thank you CROO1

yes applied for expensive one!
Legal fees on top
Just shy of £2000 all together.

"FINANCIAL REQUIREMENT MET"
"ENGLISH LANGUAGE REQUIREMENT MET"

Refusal under partner rule

"Your application is refused under paragraph D-ECP.1.3 of Appendix FM with reference to paragraph EC-P.1.1(d) and you so not qualify for entry clearance on the 5year partner route,
Or the 10 year partner route under Appendix FM.

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CR001
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Re: Refusal of fiancee visa

Post by CR001 » Wed Jan 17, 2018 5:34 pm

Did you apply for a Fiance visa (6 months) or an Unmarried Partner visa (2.5 years)?

What evidence of your relationship did you submit?

What evidence of communication did you submit?

What evidence of upcoming wedding did you submit if it is the 6 months fiance visa you applied for?

Have you met in person?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Belma2874
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Re: Refusal of fiancee visa

Post by Belma2874 » Wed Jan 17, 2018 5:45 pm

6 months Fiance visa applied for
20 photos
100 pages of facebok/messanger communication from March 2016 to time of application
70 pages of messanger communication between my daughter and my fiancee(They are very close)
Wedding breakfast venue reserved/deposit paid
Engagement ring and wedding rings receipts

Belma2874
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Re: Refusal of fiancee visa

Post by Belma2874 » Wed Jan 17, 2018 5:47 pm

Also all flight booking confirmations,
I travelled back to see him every three months.
Eight of flight confirmation in total.

Hotel/accommodation bookings wherever we stayed together.
Four of them.

Belma2874
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Re: Refusal of fiancee visa

Post by Belma2874 » Wed Jan 17, 2018 6:11 pm

UNCLASSIFIED
You state in your Appendix 2 form that you met your sponsor in 1982, that your relationship
began in March 2016 and that you meet 3-4 times a year. However, I note that when you
applied to visit your sponsor in September 2016 (application number xxxxxxx) and
November 2016 (application number xxxxxxx) you stated on both occasions that she was
only your friend and did not declare that you were in a relationship, which contradicts your
current statement.
I also note that with your application you have provided a number of photos showing you
and your sponsor together and therefore I am satisfied that you have met. However, apart
from two photos labelled as taken in December 2016, all were made in 2017 and do not
fully demonstrate your relationship since March 2016. I also note here that the vast majority
of the provided online conversations/Facebook records is either undated or covers only
2017.
Finally, while I note from the provided flight tickets that your sponsor regularly visits Bosnia
and Herzegovina every few months, the evidence before me does not demonstrate that she
was actually visiting you specifically as stated.
Four photographs of you and your sponsor, three of which appear to be from facebook with
an electronic date of Sept/Nov 2011 with the 4th photograph undated.
I acknowledge therefore that you have met and that this was established a number of years
ago however they confirm your meeting a number of years ago and with no recent or
ongoing photographs or more significantly communications over the last few years to verify
that the nature of your relationship remains as it appears in these pictures.
Consequently, I am not satisfied that you have demonstrated that your relationship is as
claimed or that you are seeking entry to the UK solely to enable your marriage to take
place. I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of
the Immigration Rules. (E-ECP.2.8)
Eligibility Financial Requirement
You meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4.
Eligibility English Language Requirement
You meet the eligibility English language requirement of paragraphs E-ECP.4.1. to 4.2.
Exceptional Circumstances
We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as
applicable, whether there are exceptional circumstances in your case which could or would
render refusal 'a breach of Article 8 of the ECHR because it could or would result in
unjustifiably harsh consequences for you or your family. In so doing we have taken into
account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child
as a primary consideration.
However, based upon the information and/or evidence you have provided we are satisfied
that the minimum income requirement is not met, and we have decided that you do not

Belma2874
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Re: Refusal of fiancee visa

Post by Belma2874 » Wed Jan 17, 2018 6:12 pm

Original refusal letter posted above


Thank you all

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Casa
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Re: Refusal of fiancee visa

Post by Casa » Wed Jan 17, 2018 6:51 pm

Belma2874 wrote:
Wed Jan 17, 2018 6:11 pm
UNCLASSIFIED
You state in your Appendix 2 form that you met your sponsor in 1982, that your relationship
began in March 2016 and that you meet 3-4 times a year. However, I note that when you
applied to visit your sponsor in September 2016 (application number 367182) and
November 2016 (application number 385387) you stated on both occasions that she was
only your friend and did not declare that you were in a relationship, which contradicts your
current statement.
In my honest opinion, the failure to be truthful about your relationship in your visits to the UK has probably raised a flag with the ECO. One or the other statement has to be false. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Refusal of fiancee visa

Post by Obie » Wed Jan 17, 2018 7:00 pm

It may well be the case that a relationship may begin in March 2016, but it was on and off. If that person did not mention it in September 2016, it cannot lead to an inference that he was lying. There could be a whole host of justifiable reasons.
Smooth seas do not make skilful sailors

Belma2874
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Re: Refusal of fiancee visa

Post by Belma2874 » Wed Jan 17, 2018 8:43 pm

Relationship was consistently ON from March 2016,
All the Facebook records prove that
Ad well as flight confirmation from March 2016 onwards.
My questions are:

Continue with an Appeal?
Or make a fresh application?


Only reason we applied back in October 2017 for fiance visa was on the advise given by my solicitors,
Exact wording
"VISIT VISA REFUSALS will have no bearing/impact in deciding the outcome of this visa"

Obie
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Re: Refusal of fiancee visa

Post by Obie » Wed Jan 17, 2018 11:07 pm

Well why did she declare you as simple friend as opposed to partner in 2 previous applications. This is the point they raised, that you are not credible. That she provided false information in previous applications.
Smooth seas do not make skilful sailors

meg111683
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Re: Refusal of fiancee visa

Post by meg111683 » Sat Apr 28, 2018 6:19 am

when they say “applied to visit” and give an application number, was that an actual visa application, or simply the conversation you had with the officer at the passport check upon landing in the uk?

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Casa
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Re: Refusal of fiancee visa

Post by Casa » Sat Apr 28, 2018 9:38 am

meg111683 wrote:
Sat Apr 28, 2018 6:19 am
when they say “applied to visit” and give an application number, was that an actual visa application, or simply the conversation you had with the officer at the passport check upon landing in the uk?
It makes no difference whether this was a verbal and recorded statement to the IO at UK Border Control or stated in the written application. In any event, it appears from the refusal that this was given in writing.

"However, I note that when you applied to visit your sponsor in September 2016 (application number xxxxxxx) and
November 2016 (application number xxxxxxx) you stated on both occasions that she was
only your friend and did not declare that you were in a relationship, which contradicts your
current statement
.
"
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ellie Bu
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Re: Refusal of fiancee visa

Post by Ellie Bu » Sat Sep 29, 2018 8:43 am

Belma2874 wrote:
Wed Jan 17, 2018 8:43 pm

My questions are:

Continue with an Appeal?
Or make a fresh application?
I am very sorry to hear that you got a rejection...Finally did you continue with an appeal or make a new application? Hope to hear that you managed

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