We applied for Entry Clearance from Pakistan on 4th August and received Refusal on 11th October, decision was made on 7th October.
This was the letter we received :
REASONS FOR REFUSAL
On 16/08/20178 you made an application for entry clearance to the UK under Appendix FM to the Immigration Rules on the basis of your family life with your partner X XXXXX.
Your application has been considered under those Rules, and with reference to Article 8 of the European Convention on Human Rights (ECHR). The relevant Immigration Rules can be viewed on gov.uk here : www.gov.uk/guidance/immigration-rules
We have considered your application under paragraph EC-P.1.1 of Appendix FM. However you do not qualify for entry clearance under the 5-year partner route for the following reasons:
Suitability
Your application does not fall for refusal on grounds of suitability under Section S-EC of Appendix FM.
Eligibility
You meet the eligibility requirements of Section E-ECP of Appendix FM.
Eligibility Relationship Requirement
You do not meet the eligibility relationship requirement of paragraphs E-ECP.2.1 to 2.10. because, You have provided evidence to demonstrate that you and your sponsor have entered into a marriage, this was evidenced by way of a marriage certificate. However, this is one aspect of the Immigration Rules. To qualify for an entry clearance I am required to be satisfied that all aspects are met. These Rules details that I must be also satisfied that the relationship is genuine and subsisting. In assessing your application I note that you first met your sponsor on xx/xx/xx, you detail that you last saw your sponsor on the xx/xx/xx.
I accept that evidence of contact prior to the marriage would not exist. However, the application contains very minimal evidence of contact between yourself and your husband post marriage. Evidence to demonstrate the relationship, may take the form of telephone contact, exchange of cards at important events – such as birthdays – post marriage visits etc. This is not an exhaustive list and there is no specified evidence that must be submitted, however what must be demonstrated is an ongoing and genuine relationship. You have not demonstrated how you are in communication with your spouse. I note that there are no photographs of your wedding/Engagement.
Eligibility Relationship 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
MUSTWe 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.
You have provided no information or evidence to establish that there are any exceptional
Refusal under the Partner Rules
In light of the above, your application is refused under paragraph D-ECP.1.3. of Appendix FM with reference to paragraph EC-P.1.1.(a), (b), (c) and (d) and you do not qualify for entry clearance on the 5-year partner route, or on the 10-year partner route on the basis of exceptional circumstances, under Appendix FM.
Compassionate Factors
raisedYou do not fall for a grant of entry clearance outside the Immigration Rules on the basis of compassionate factors
Note :
This is the exact letter we received (no typos on my behalf) along with IAFT-6 Form and payment guidelines.
They said we haven't provided any proof for communication between us and provided no pictures of the wedding.
We sent 60 photos of wedding and before/after of us and with family.
WhatsApp chat log (Oct 15 to Date of submission)
WhatsApp chat screenshots
WhatsApp call screenshots
Skype calls screenshots
Gifts exchange
Cards exchange
Money transfer Western union receipts
Boarding passes, Hotel Bills, Airline Tickets for 2 visits to Pakistan (March 16, September 16)
Marriage certificate along with English Urdu Nikkah Nama
Parcels exchange receipts (8 in total)
Package sent to Sheffield was for 8.374 Kgs with original and photo copies where they retained the photocopies and sent original back in 1 day.
We have failed to comprehend this refusal, like what else could we provide. Ofcourse we are angry and want to write a strong worded email to UKVI but still haven't incase it will hinder our chances at review stage.
My husband is British born citizen, working with an american company. We both have worked as medium to higher level management with multi nationals in our professional careers. We had guidance from a reputable solicitor but prepared our case ourselves. We did everything with best of our ability and probably why it delayed our submission of case which we wanted to submit a lot sooner but we wanted to do it as perfect as we can.
We were not contacted for any additional document request or any interview if they had any relationship doubts.
We are preparing to appeal it. We have hired the solicitor and dont think there is any complication that we should take a barrister on board.
I would like your feedback about our chances, how long it can take for review or further if it goes to hearing.
Initially we both wanted to reapply and appeal but have put reapplying on hold until my husband will visit me which can take few weeks (because of work commitments) as well as advise from solicitor to not to reapply because to be honest what else we could submit as proof for committing and subsisting marriage.
Thank you for reading a very lengthy essay.
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