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PBS Tier 4 Dependent Admin review

Only for UK Student Visas, formerly known as Tier 4 (General) student visa

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Ripendil
Newly Registered
Posts: 2
Joined: Tue Dec 18, 2018 7:10 am
Bangladesh

PBS Tier 4 Dependent Admin review

Post by Ripendil » Tue Dec 18, 2018 7:22 am

Hi,
I am a masters student at the University of Sheffield. I wanted my wife to join me here in UK during this Christmas vacation. But her visa application was rejected saying, not enough evidence we are in a subsisting relationship despite providing the marriage certificate. Then she didn't go for a review rather applied again for a priority visa and this time we provided our wedding and recent photos, facebook, whatsapp conversations, call logs, recent travel tickets, bank nomination document, employment document mentioning spouse name, letter from a British citizen who was a guest to my house and knows us as a couple and also university website screenshot showing my spouse name. But they again rejected it saying same words. I don't know how else I can prove our subsisting relationship status. In the refusal letter they made the same mistake about our marriage date (they wrote february instead of january) which they did in the previous refusal letter which means they haven't properly checked our documents.

Now we will apply for admin review. My question is, can I apply for the review instead of her from my email address as I am in Sheffield and the visa decision center is also in Sheffield? how long does it takes to get a decision from admin review?

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: PBS Tier 4 Dependent Admin review

Post by sah10406 » Tue Dec 18, 2018 8:57 am

You need advice from someone who can sit down with you and look at both applications and the refusals, and who can ask you all the relevant questions. It is not clear to me where your wife lives, why you have been living apart until now, and for how long this has been the situation.

Maybe I can ask, why did your wife apply as a Tier 4 dependant rather than, say a Standard Visitor?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

Ripendil
Newly Registered
Posts: 2
Joined: Tue Dec 18, 2018 7:10 am
Bangladesh

Re: PBS Tier 4 Dependent Admin review

Post by Ripendil » Tue Dec 18, 2018 10:04 am

Thank you for your reply. My wife lives in my country as she has a full-time job. I am here in Sheffield since September this year, before that we were living together for 6 years since our marriage. She didn't apply for a visitor visa because that allows a limited time of stay.

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: PBS Tier 4 Dependent Admin review

Post by sah10406 » Tue Dec 18, 2018 10:17 am

Ripendil wrote:
Tue Dec 18, 2018 10:04 am
My wife lives in my country as she has a full-time job.

She didn't apply for a visitor visa because that allows a limited time of stay.
I guess this is why this is best discussed in person, because I don't quite understand how both these things are the case. So she is quitting her job to join you in the UK?
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

User avatar
SamTiger
Junior Member
Posts: 71
Joined: Sun Jul 22, 2018 5:47 pm
Mood:
India

Re: PBS Tier 4 Dependent Admin review

Post by SamTiger » Tue Dec 18, 2018 10:35 am

Some suggested documents for demonstrating your relationship to the PBS migrant on whom you will be dependant include:
Partners (including spouses and civil partners)
• marriage or civil partnership certificates;
• bank statements;
• Council tax bills;
• medical registration documents;
• utility bills

Check your marriage certificate (should have English translation) for both your names matching with the passports. It should have been issued by appropriate government authority. Attach additional documents such as a family card issued by your government showing both names. Also utility bills.

sah10406
Diamond Member
Posts: 3599
Joined: Sun Apr 20, 2008 10:09 am

Re: PBS Tier 4 Dependent Admin review

Post by sah10406 » Tue Dec 18, 2018 10:54 am

SamTiger wrote:
Tue Dec 18, 2018 10:35 am
Some suggested documents for demonstrating your relationship to the PBS migrant on whom you will be dependant include:
Partners (including spouses and civil partners)
• marriage or civil partnership certificates;
• bank statements;
• Council tax bills;
• medical registration documents;
• utility bills

Check your marriage certificate (should have English translation) for both your names matching with the passports. It should have been issued by appropriate government authority. Attach additional documents such as a family card issued by your government showing both names. Also utility bills.
I think you have misunderstood the refusal. OP says the refusal was based on a doubt that the marriage is "subsisting", under paragraph 319C(d). There doesn't appear to be a doubt that it is genuine:

The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be genuine and subsisting at the time the application is made.

The documents listed above would not demonstrate that the relationship is subsisting despite one party living in the UK and the other in another country. OP's spouse seems to have provided decent evidence of ongoing contact and subsisting relationship, This is why I suggest a discussion with an adviser about a possible AR.
I do not give immigration advice. I refer you to Immigration Rules, guidance, other online content and to your sponsor.

User avatar
SamTiger
Junior Member
Posts: 71
Joined: Sun Jul 22, 2018 5:47 pm
Mood:
India

Re: PBS Tier 4 Dependent Admin review

Post by SamTiger » Tue Dec 18, 2018 3:45 pm

I meant "genuine and subsisting" goes together when evaluating an application. Genuine but not subsisting is uncommon. So I thought it is good to check the basics, especially when twice rejected based on same reason with wrong marriage date mentioned. It appears OP and spouse have spent years together, maybe a shared financial commitment be of help.
Ripendil wrote:
Tue Dec 18, 2018 7:22 am
how long does it takes to get a decision from admin review?
https://www.gov.uk/ask-for-a-visa-administrative-review

You’ll usually receive the result of the administrative review within 28 days.
Ripendil wrote:
Tue Dec 18, 2018 7:22 am
Now we will apply for admin review. My question is, can I apply for the review instead of her from my email address as I am in Sheffield and the visa decision center is also in Sheffield?
Representatives
An applicant may change their representative, or appoint one for the first time, when they make an administrative review application. There is a section on the application form to allow them to provide information about any representative who they choose to appoint. Before you accept the change of representative, you must check:
• they have given the Home Office written authorisation for the representative to
act on their behalf
• any new representative the applicant nominates is either:
o regulated by the Office of the Immigration Services Commissioner (OISC)
o a solicitor or barrister
If you accept a change of representative, you must update CID with the new contact details.

See https://assets.publishing.service.gov.u ... e_v8_0.pdf

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