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what can i do , refused :( pls help

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johnny
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Posts: 33
Joined: Wed May 21, 2008 8:42 pm

what can i do , refused :( pls help

Post by johnny » Mon Oct 27, 2008 5:50 pm

just come out from my interview settlement visa , they told me everything is ok but they refuse me because the decree absolute i provided not enough, i was married before briefly in uk but we didn t live together big argument after few days of mrriage so few months later i obtained a decree absolute from UK crown court it says clearly decree made final and absolute on ( so and so date) with a big crown court stamp?
the embassy don t recognise london crown court degree absolute certficate !!!!!!!!!!!!! thats the reason of the refusal
after refusal i phoned the court they fax me the same cetificate
how can i solve this ???

vinny
Moderator
Posts: 32785
Joined: Tue Sep 25, 2007 7:58 pm

Post by vinny » Tue Oct 28, 2008 12:27 am

What were the exact wording of the refusal notice?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Tue Oct 28, 2008 7:34 am

You have to be married 12 months before u can divorce so how did you get a decree absolute after a 'few days of marriage' a few months later?
An chéad stad eile Stáisiún Uí Chonghaile....

johnny
Newbie
Posts: 33
Joined: Wed May 21, 2008 8:42 pm

Post by johnny » Tue Oct 28, 2008 11:38 am

Hi thanks guys for answering me

the following day after our marriage we had a massive argument we did not live or even sleep together, in Uk if the marriage wasn t consomated
you can have an annulment
the marriage was on the 20 th February
and the decree Nisi absolute was made 8 months later October and declared absolute and final six weeks later mid december
what happened is the Eco i think missread the certficate
the certficate says the decree was made absolute 15 th december
on top of the certficate it says six weeks notice , he failed to read that the decree absolute was made on October and after the six weeks it was finalised what he said at the end of interview
that the decree was made mid December then i need a certficate after the 6 weeks !!!!!!!!!!!!!!!!!!!!!!in fact it was made in october and finalised December
October + 6 weeks= Mid december
the certficate is obtained by a well known solicitor in uk from c
the crown court and it has the stamp of the court on it

here is the wording of the refusal letter
I am satisfied that you and your sponsor have a genuinly subsisting relationship and that she has the means to maiantain and accommodate you in UK without having recourse to public money ...................
I am not satisfied that the certficate you have submitted is the decree absolute you have been unable to present documentary evidence to satisfactorily establish that have undergone a divorce that is recognised under united kingdom law and that the previous marriage
has been dissolved I am therefore not satisfied that the marriage you have contracted is valid and am not satisfied you meet the requirements of paragraph 281 of the immigration rules
I therefore refuse your aplication

If you have any aditional documentation which adresses the reasons of refusal you are strongly advised to submit it in your notice of apeal as it may be possible to resolve the points at issue without the necessity for an appeal hearing .

so what can i do guys , the decree absolute is legal issued from crown court the Eco was confused about the 6 weeks he thought the dceree absolute was made december and finalised 6 weeks later but the decree absolute was made october and finalised december because he kept repeating you need to get the certficate after the 6 weeks counting from Deecember !!!!!!!!!!!!!!!!!!!
anyway the court said they can re issue the same certficate that the decree absolute but the embassy saying about not recognised under UK law this is driving me mad as the court i obtained this is a crown court in UK nor from an other country
please suggest ant options for me as i am really epressed about this didnot sleep or eat since yesterday :(

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Oct 28, 2008 1:34 pm

johnny, it sounds to me that your marriage did not end in divorce. It was nullified!

It also sounds like the ECO did not recognise that nullity certificate! Suggest you email the ECM .... entry clearance manager .... at the relevant British Mission ... and point this out. The ECO who considered your application has simply come to a conclusion about a divorce, and therefore come to an unreasonable conclusion about your application.
Wanderer wrote:You have to be married 12 months before u can divorce so how did you get a decree absolute after a 'few days of marriage' a few months later?
True, but a decree of nullity does not require a wait for 12 months.
John

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Tue Oct 28, 2008 2:21 pm

John wrote:johnny, it sounds to me that your marriage did not end in divorce. It was nullified!

It also sounds like the ECO did not recognise that nullity certificate! Suggest you email the ECM .... entry clearance manager .... at the relevant British Mission ... and point this out. The ECO who considered your application has simply come to a conclusion about a divorce, and therefore come to an unreasonable conclusion about your application.
Wanderer wrote:You have to be married 12 months before u can divorce so how did you get a decree absolute after a 'few days of marriage' a few months later?
True, but a decree of nullity does not require a wait for 12 months.
I knew that actually! The OP didn't mention it in his first post. I'd heard it's quite difficult to get an annulment nowadays tho!
An chéad stad eile Stáisiún Uí Chonghaile....

johnny
Newbie
Posts: 33
Joined: Wed May 21, 2008 8:42 pm

Post by johnny » Tue Oct 28, 2008 9:00 pm

thanks vinny
my wife is writing a letter stating that ECO made a mistake and will fax it tomorrow to the ECM we can find his email any where !!!!!!!!
we thought to ask the court to write a letter confirming that the certficate we provided is legal issued by Uk crown court will this help do you think ?
we phoned the court archive and the lady there head of the court said she can provide a letter signed by her saying the decree absolute we submitted is done according to UK law

thi is very strange how can an entry officer say on a UK document with a Uk crown court stamp this is not a document they recognise!!!!!!!!!!!!!!!!!!!
ther is a reference number on the Decree absolute certificate they could just quoted the ref number and this could be confirmed by the court it is there in their computers
do you think i can win this on the appeal ?

johnny
Newbie
Posts: 33
Joined: Wed May 21, 2008 8:42 pm

Post by johnny » Tue Oct 28, 2008 9:01 pm

many thanks john for your answer

johnny
Newbie
Posts: 33
Joined: Wed May 21, 2008 8:42 pm

Post by johnny » Sun Nov 02, 2008 12:43 pm

hi guys
well i have been faxing the ECM explaining again and again no reply , they just ignore my faxes and my wife faxes straight to the bin i think :cry:

i am lodging the appeal with ECM this week and including the following:

a letter from me explaing they made a mistake tand that the marriage was nullified

a letter from my wife who paid the fee to the court to get the certfied copy of my decree absolute

a letter signed by the solicitor who obtained the decree absolute for me explaining that the annullment is different thant the divorce and that my decree absolute is recognised under UK law

a letter from the crown court confirming that the reference number of my decree absolute is in their computer and it is a certfied copy

will this be enough for them to overturn the decision ? please guys just comment i need your feedback and opinions it helps morally

how long a ECM has to overturn a decision ???? will it be soon or will it take months ?? how long exactly?
appreciate your comments everybody

thanks

mteja
Member
Posts: 120
Joined: Wed Jul 02, 2008 8:01 am

decrees

Post by mteja » Sun Nov 02, 2008 6:52 pm

Hello Johnny.

Sorry to hear about the ECOs mis judgement..i would suggest in your appeal you enclose both the decree nisi and the decree absolute.(am not good with this terms but what am saying is; ..before you got the decree absolute ie the divorce letter..there was a decree nisi you got/received..the one that says after six weeks your divorce will go thro..)i suggest you take both those decrees/letters. I know they normally dont ask for the two of tem in the requirements but thro experiece i suggest you do it. thats what i did..i enclosed both those two documents. so that way the ECO wont have anything to argue about.

good luck m8
togetherness as one

johnny
Newbie
Posts: 33
Joined: Wed May 21, 2008 8:42 pm

Post by johnny » Sun Nov 02, 2008 10:48 pm

Hi mteja thanks for your advice mate
what i have is the Decree absolute certficate which says clearly
the decree was made on so and so date
after six weeks
on the so and so date it s made final and absolute thats how the court work in uK law it is very clear on the certificate
i am getting a judge from the court signing a letter saying it is a decree absolute certficate made final recignised under UK law
i can t add anything more what they need me to do to get united nations to say that it is the Decree absolute certficate
i have the judge letter , the solicitor letter , the decree absolute certficate , the head of the court , my letter , my wife letter all these what else they need plus the dcree absolute has a ref number it is registered in the court computer
i really hope the ECO takes just 5 minutes of his precious time to read these documents i am sure he will realise that he made a mistake
i know i will win this in the appeal the certficate is clear and has the crown court stamp but i can really bear being far from my wife an other 10 months :(

johnny
Newbie
Posts: 33
Joined: Wed May 21, 2008 8:42 pm

Post by johnny » Mon Nov 03, 2008 11:42 am

to Mteja

I think you gave me a very good tip thank you my friend , i had no idea that both certficate could be provided , i phoned the court and it is correct what you said they can issue an other one before the 6 weeks( decree absolute was made) i think this way the ECO won t have no excuse seeing both certficates before the 6 weeks and after the 6 weeks
( when it was made and when it was made final)

thanks again i appreciated your help

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