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Spouse visa rejected appeal or reapply??

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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aman3883
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Spouse visa rejected appeal or reapply??

Post by aman3883 » Fri Mar 28, 2014 11:15 pm

Please see below exact ECO wording;

I have considered the statement in your application in addition to any documentation provided in support of these statements. that you are married is not in doubt but the extent of relationship now between you and your sponsor is impossible to determine on the evidence provided in support of your application. i can see that this was an arranged marriage and have considered the cultural circumstances. I am aware that it is unlikely that you will be able to demonstrate pre-marital contact or cohabitation.

Your state that you are introduced to your husband in 15/11/2013. I Am aware that your husband was previously married and that his divorce was finalized just 10 days before you first met. I note that your marriage took place on 12/02/2014. You have stated that this is an arranged marriage and it is usual for this type of marriage to occur in India but i must be satisfied that you intend to live with your sponsor permanently as husband and wife once you are in the UK. You have provided no evidence to show why you and your sponsor were matched together by your families. An explanation as to why you both considered the union to be a good match especially as this is your first marriage and your sponsor is a divorcee who is 9 years older that you or how your relationship progresses to the stage of marriage.

for this reason i am not satisfied your relationship is genuine and subsisting or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P 1.1(D) of appendix FM of the immigration rules (E-ECP-2.6 & 2.10)

we did send all the proofs of our communication from the day of engagement on 22/11/2013 to day of our marriage 12/02/2014 which include phone bills, whatsapp conversation, emails post wedding photos. Please can someone senior suggest me if i should appeal or go for fresh application by clarifying the points stated in refusal? also if i do go for fresh application will they not start to find some other reasons for rejection then specified above.

thanks for your help in advance.

vinny
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Re: Spouse visa rejected appeal or reapply??

Post by vinny » Sat Mar 29, 2014 12:29 am

If you wish, you may do both, appeal and re-apply.
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aman3883
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Re: Spouse visa rejected appeal or reapply??

Post by aman3883 » Sat Mar 29, 2014 7:45 am

thanks for reply but based on the refusal wording above which one you think will be more viable option? also most of the things ECO want us to prove can just be explained as its impossible to show documentary evidence as to why our families decided of us to get married and why we think we are good match.

SoHopeful
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Re: Spouse visa rejected appeal or reapply??

Post by SoHopeful » Sat Mar 29, 2014 9:23 am

Did you include a supporting letter to at least address how the arranged marriage came about?

aman3883
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Re: Spouse visa rejected appeal or reapply??

Post by aman3883 » Sat Mar 29, 2014 10:01 am

thanks for reply, i did send in the supporting letter explaining our intentions of living together etc but did not mention anything about how our parents agreed to arrange marriage and why we think we are good match.

we will do it now explaining everything together with statement from parents. only thing is that it is hard to provide documentary proof for discussion between parents as the meetings were face to face.

so let me know if i explain everything in a letter and apply again do you think it will be best option to obtain visa and ECO will not find any other reasons for refusal?

or should i appeal it with explanation and have bette chance of getting the visa for my wife?

ECO wording is that he is in no doubt about our marriage but fail to see evidence of how or parents and us think we are good match to which we can only prove it by writing as there will be no evidence for these.

abdulraheem123
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Re: Spouse visa rejected appeal or reapply??

Post by abdulraheem123 » Sun Mar 30, 2014 8:39 pm

Hi aman thanks for posting the exact wordings of your refusal.

how long before did you actually get divorced from your ex-wife? was it a long time?
you can maybe explain the reason why you got married again just 10 days after the divorce took place due to you went back to your country and then applied for the divorce as you could not apply for a divorce in the your country while you are domiciled in the uk. so that was the only time you went back and it was the first chance you had to get the divorced finalized.

aman3883
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Re: Spouse visa rejected appeal or reapply??

Post by aman3883 » Sun Mar 30, 2014 9:25 pm

thanks for reply, but my divorce is initiated and finalised in UK we did not get married after 10 days of decree absolute(divorce finalised) but met for the first time and got married in feb 2014. i have done everything within law and did not even met the girl before divorce is finalised. i am thinking of appeal as the reasons ECO asking can only be explained by writing as it will be hard to provide documentary evidence as to why our parent and us think we are good match. any one please let me know your thoughts
thanks for reply

applied on 12th March 2014
visa rejected on 25th March 2014

aman3883
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Re: Spouse visa rejected appeal or reapply??

Post by aman3883 » Wed Dec 03, 2014 8:14 pm

eco overturned his decision happy days

aman3883
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Re: Spouse visa rejected appeal or reapply??

Post by aman3883 » Wed Dec 03, 2014 8:17 pm

aman3883 wrote:Please see below exact ECO wording;

f

we did send all the proofs of our communication from the day of engagement on 22/11/2013 to day of our marriage 12/02/2014 which include phone bills, whatsapp conversation, emails post wedding photos. Please can someone senior suggest me if i should appeal or go for fresh application by clarifying the points stated in refusal? also if i do go for fresh application will they not start to find some other reasons for rejection then specified above.

thanks for your help in advance.

aman3883
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Re: Spouse visa rejected appeal or reapply??

Post by aman3883 » Wed Dec 03, 2014 8:20 pm

any questions welcome thanks

alil2014
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Re: Spouse visa rejected appeal or reapply??

Post by alil2014 » Wed Dec 03, 2014 8:47 pm

aman3883 wrote:any questions welcome thanks
Congratulations :)

I think it was a very poor decision by ECO to refuse you in the first place. These days divorces can take years to finalise, and what is the ECO trying to say that you can't meet anyone in the mean time. Especially when you have provided as much documentary evidence as possible to prove a relationship is genuine. UKVI knew that this would never stand in front of the judge, hence the overturn. They were probably hoping you re-applied and spent another application fee, well done for sticking to your guns.

So did you supply any further evidence when you appealed?

ilrupdates
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Re: Spouse visa rejected appeal or reapply??

Post by ilrupdates » Thu Dec 04, 2014 11:31 am

hi congratulation aman3883,
please can you write the details of your appeal and what did you wrote in appeal. Thanks
Disclaimer: I am neither an immigration lawyer nor an OISC qualified/registered member. Suggestions given by me are based on personal experience. Don't treat my advice as a substitute for legal opinion.

Musa
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Re: Spouse visa rejected appeal or reapply??

Post by Musa » Thu Dec 04, 2014 3:36 pm

aman3883 wrote:any questions welcome thanks

Hello and congrats aman3883 ..

Can you please provide some details which evidence you have provided in appeal? I am going to get arrange marriage as well and
off-course its hard to define that why our parents think we are good match. so really looking forward for your answer.

Regards

ronny23
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Re: Spouse visa rejected appeal or reapply??

Post by ronny23 » Fri Dec 05, 2014 12:09 am

Hello, thanks for posting this, I was refused on same reason but I am going to court, pls post what you wrote or submitted it may help me, thanks.

aman3883
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Re: Spouse visa rejected appeal or reapply??

Post by aman3883 » Tue May 26, 2015 1:27 pm

guys all i did was put the facts in front of them and just put a very good cover letter detailing every single instance as it happened in my life plus lot of supporting docs from friends and family in terms of letter to support that i am genuine thanks

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