ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

spouse visa refusal - appeal or reapply???

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

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

Locked
salhasani
Newly Registered
Posts: 4
Joined: Sun Jul 15, 2007 6:33 pm
Location: london, UK

spouse visa refusal - appeal or reapply???

Post by salhasani » Mon Jul 16, 2007 12:18 am

hi, my husband applied for a spouse visa and was refused on the 3rd of july, we are still deciding whether or not to go for an appeal, or to reapply, with new documents and evidence.

he was rejected because of a mistake i made with the dates, in the application form he stated that we met in 1997, however in a written attachment (by me) i wrote we met in 2003. The truth is we met in 1997, but it was so brief i didnt consider it a "meeting". we are related, and so i have known him since 97, and i was introduced to him as a cousin, however we didnt really meet until 2003, when we actually approached each other alone, and began a friendship.

another reason for refusal, was that the entry clearance officer is not satisfied that our marriage is subsisting. This is because we have been married for 7 months, and have not lived together yet since the marriage. this is purely because i was due to start work, and i didnt want to move abroad. we both agreed that it would be better that he move here. we did not apply sooner, because he is a Dr, and was in the middle of his training course, which he paid the fees for. his training year completed on the 1st july 07. another reason why he did not apply sooner, is that he is an iraqi, and did not have the new "G" series passport, and only obtained it in April 07. i submitted evidence of communication like phone bills with his number, pics, yahoo chat transcripts, emails,

another reason for refusal is that the ECO was recourse to public funds. our plan was to live at my parents home temporarily until we move out. my parents rent a 6 bedroom house, and only 5 people live there, including myself. i submitted a council tax bill, showing that my parents recieve housing benefit, and council tax benefit. i didnt know this would be a problem, because i work full time and make £1200 a month.

me and my husband have decided that i move out, and i have signed a tenancy agreement now, as i have rented a double bedroom in a 3 bedroom home where a couple i know live also. would the ECO have a problem with me renting a bedroom where a couple already live? i have access to the Spam, bathroom , living area and Spam, and i have my own private space (my double bedroom).

after discussion with a lawyer, he and i decided to reapply. however, the more i think about it, the more doubts i have. in the new application i am going to include a letter explaining the discrepancy of dates, and state that me and my husband intend to live together, and attach the tenancy agreement. also the couple at the address i have rented do not receive benefits, and i do not recieve benefits. my husband has savings, and we can financially support ourselves. and i think the ECO knows this, as we were not refused for being unable to support ourselves.


should i reapply explaining everything and include new tenancy agreement, or should i appeal?

also if i appeal, and it takes a long time, can i withdraw the appeal and reapply later?

thank you so much for ur time in reading this :)

salhasani
Newly Registered
Posts: 4
Joined: Sun Jul 15, 2007 6:33 pm
Location: london, UK

Post by salhasani » Mon Jul 16, 2007 12:22 am

i forgot to mention that the tenancy agreement is in his name, and my name, so does he need a letter from the landlord saying he can live there? also the couple that live in the property are the landlords..
sorry for any confusion

Prem
Member
Posts: 156
Joined: Wed May 30, 2007 1:49 pm

Post by Prem » Mon Jul 16, 2007 10:51 am

http://londonelegance.com/transpondia/spouse

http://www.immigrationboards.com/viewtopic.php?t=12301

Have a read of these for details of what to include in your application.

One of the more experienced members will be able to tell you if its best to appeal or reapply. I think appealing will take a lot longer.

Did you state why you were apart for the 7 months, give a valid reason in the application?

salhasani
Newly Registered
Posts: 4
Joined: Sun Jul 15, 2007 6:33 pm
Location: london, UK

Post by salhasani » Tue Jul 17, 2007 10:19 pm

thank you so much for the reply, i didnt state why we hadnt lived together, i didnt know it would be an issue. i spoke to a solicitor today, and he said that when i went to visit my husband in june,and stayed with him for 5/6 days, that would be considered as "living" with him.

salhasani
Newly Registered
Posts: 4
Joined: Sun Jul 15, 2007 6:33 pm
Location: london, UK

Post by salhasani » Tue Aug 21, 2007 4:15 pm

Hi, my husband and I have lodged and appeal, and are currently waiting for the ECO to review our case, meanwhile, we have decided to reapply, because the appeal will take too long. The main difference in the new application is the tenancy agreement, what other supporting docs do u think i should include in the new application?
if one of the reasons for refusal is that they are not convinced the marriage is subsisting, then what can i submit to avoid refusal on those grounds again?

any advice much appreciated :)
thanks

eliasuk4u
Member of Standing
Posts: 346
Joined: Thu Jan 05, 2006 8:27 pm

Post by eliasuk4u » Wed Aug 22, 2007 11:51 am

salhasani, I think you sould re-apply with all the missing documents properly documented in an folder as appeal process takes very long time.

It would be helpful to provide advice if you can post the content of the refusal letter, except you personal details.
Where did your husband submit his applications?

eliasuk4u
Member of Standing
Posts: 346
Joined: Thu Jan 05, 2006 8:27 pm

Post by eliasuk4u » Wed Aug 22, 2007 11:59 am

he was rejected because of a mistake i made with the dates, in the application form he stated that we met in 1997, however in a written attachment (by me) i wrote we met in 2003. The truth is we met in 1997, but it was so brief i didnt consider it a "meeting". we are related, and so i have known him since 97, and i was introduced to him as a cousin, however we didnt really meet until 2003, when we actually approached each other alone, and began a friendship.

another reason for refusal, was that the entry clearance officer is not satisfied that our marriage is subsisting. This is because we have been married for 7 months, and have not lived together yet since the marriage. this is purely because i was due to start work, and i didnt want to move abroad. we both agreed that it would be better that he move here. we did not apply sooner, because he is a Dr, and was in the middle of his training course, which he paid the fees for. his training year completed on the 1st july 07. another reason why he did not apply sooner, is that he is an iraqi, and did not have the new "G" series passport, and only obtained it in April 07. i submitted evidence of communication like phone bills with his number, pics, yahoo chat transcripts, emails,
You should write a letter addressed to ECO explaining the situation, with any supporting evidence you have but nicely documented in a folder.
me and my husband have decided that i move out, and i have signed a tenancy agreement now, as i have rented a double bedroom in a 3 bedroom home where a couple i know live also. would the ECO have a problem with me renting a bedroom where a couple already live? i have access to the Spam, bathroom , living area and Spam, and i have my own private space (my double bedroom).
As long as you can prove to the ECO with enough evidence that the place you have rented will be sufficent enough and not overcrowded. You can provide tenenacy agreement and utility bills, layout plan etc..

Locked
cron