refusal

hi i am british born married to indian since feb 2009 we have been in relationship since 2007 and we have just had a refusal from visa section delhi on the grounds that i am 10 yrs older than my spouse and that we have different cultures and backgrounds is this not discrimination

alisonpal wrote:hi i am british born married to indian since feb 2009 we have been in relationship since 2007 and we have just had a refusal from visa section delhi on the grounds that i am 10 yrs older than my spouse and that we have different cultures and backgrounds is this not discrimination

Are those really the reasons that were even put down in the refusal letter?

alisonpal wrote:hi i am british born married to indian since feb 2009 we have been in relationship since 2007 and we have just had a refusal from visa section delhi on the grounds that i am 10 yrs older than my spouse and that we have different cultures and backgrounds is this not discrimination

what was the exact wording on the refusal letter?

alisonpal...

you must provide more information on what the ECO stated in the refusal....

Even I dont believe what ur saying is true....it sounds very UNREAL

there must be something which u overlooked and did not provide information about it to the ECO.

otherwise they have to have SOLID as brick reason to refuse.

D_W

you havr married a women 10 yrs older thn u .you and ure wife have 2 different backgrounds religions and ages it would appeaR YOU HAVE LITTLE OR NOTHING IN COMMON

im very sorry to read the ECO wordings.

its just load of non-sense..

but i believe the ECO got a feeling that since the woman is 10 years older than the male....the relationship may not last...and after two years of the spouse visa validity expiry, the visa applicant may not return to his home country.

thats what i think.....

i dont think u can even appeal in this case since the AIT may also see from the same prespective.

im not blaming true love....there is no age restriction....but like i always say....the visa processing people are MERCILESS.

PEACE!

D_W

alisonpal, can you post what the rejection letter actually says. You have not done that yet. ECOs don't write in "text-speak" and don't tend to write in block capitals.

John wrote:alisonpal, can you post what the rejection letter actually says. You have not done that yet. ECOs don't write in "text-speak" and don't tend to write in block capitals.

you have married a women who is ten years older than you and i am aware that entering into such a marriage in india would be unheard of .you and your wife have two entirely different backgrounds .personal circumstanses and religions and ages while these are not neccessarily a bar to a genuine marriage it would appear that you have little or indeed anything in common it would appear likely that this a marriage of convience to allow you re entry into uk

alisonpal wrote: you have married a women who is ten years older than you and i am aware that entering into such a marriage in india would be unheard of .you and your wife have two entirely different backgrounds .personal circumstanses and religions and ages while these are not neccessarily a bar to a genuine marriage it would appear that you have little or indeed anything in common it would appear likely that this a marriage of convience to allow you re entry into uk

Has your spouse been to the UK before? Have they been in breach of a previous visa? Have they been refused a visa to the UK before?

desperate_wife wrote:
but i believe the ECO got a feeling that since the woman is 10 years older than the male....the relationship may not last...and after two years of the spouse visa validity expiry, the visa applicant may not return to his home country.

thats what i think.....

Even if this was the case, I don't believe that a visa can be refused on these grounds only. Besides, ofcourse the visa applicant would normally apply for ILR after the end of the two year spouse visa, and would not be looking to return home. It is a settlement visa for goodness sake! Looks like there's more to it....

Thank you. That really is quite relevant, the suggestion that yours is a marriage of convenience!

Sorry, I know this is a blunt question, but what evidence can you show that yours is not actually a marriage of convenience?

Assuming, as I would expect, you can indeed show that yours is not a marriage of convenience, I think you certainly want to appeal, and also contact the ECM .... Entry Clearance Manager ... at the British Mission concerned and point out that the reason for refusal appears to be in breach of the UK's anti-discrimination legislation.

Rozen wrote: Even if this was the case, I don't believe that a visa can be refused on these grounds only. Besides, ofcourse the visa applicant would normally apply for ILR after the end of the two year spouse visa, and would not be looking to return home. It is a settlement visa for goodness sake! Looks like there's more to it....

Yes it certainly can. My Pakistani friend was in a similar position. His wife was rejected on the basis that the ECO thinks the marriage was one of convenience and that the wife doesn't seem to have any long time ambition to stay with my friend, even though she was five months pregnant.

It took him nearly a year for her visa to be approved and her appeal to be allowed, by then she had given birth, with the child having to apply for Pakistani Citizenship as his dad obtained his British passport by descent.

They have been behaving quite erratically of late.I am not quite sure exactly when the UK border agency started trying their staff to become marriage expert.

The worst thing is the guy who told him that seem to be in his late teen early twenties to make a prediction on how a relationship will end.

Obie wrote:

Rozen wrote: Even if this was the case, I don't believe that a visa can be refused on these grounds only. Besides, ofcourse the visa applicant would normally apply for ILR after the end of the two year spouse visa, and would not be looking to return home. It is a settlement visa for goodness sake! Looks like there's more to it....

Yes it certainly can. My Pakistani friend was in a similar position. His wife was rejected on the basis that the ECO thinks the marriage was one of convenience and that the wife doesn't seem to have any long time ambition to stay with my friend, even though she was five months pregnant.

It took him nearly a year for her visa to be approved and her appeal to be allowed, by then she had given birth, with the child having to apply for Pakistani Citizenship as his dad obtained his British passport by descent.

They have been behaving quite erratically of late.I am not quite sure exactly when the UK border agency started trying their staff to become marriage expert.

The worst thing is the guy who told him that seem to be in his late teen early twenties to make a prediction on how a relationship will end.

Okay, I get the marriage of convenience part of it. But not to say that the ECO fears that after the expiry of the two year spouse visa the applicant may not return to home country. Because that's ridiculous! (which was a response to deperate_wife's post, by the way).

I will give you another one about the British High commission in Ireland where i live. A guy came to my advise organization because the BH refused his wife an EEA family permit because, in the past she had overstayed in the UK and they believe she will not return to Ireland if granted the EEA family permit.

The EEA family permit give the holder the right to enter the UK and apply for a resident card if the partner intends to exercise a treaty right.

It can only be refused on ground of Public policy (Serious criminal Record), public health or Public security.

These cases are truly not isolated in their nature

Obie wrote: It can only be refused on ground of Public policy (Serious criminal Record), public health or Public security.

My point exactly! This is where I've said there's more to it than just saying you might not go back to your country. I am not saying that it is an isolated case in it's nature. I am saying that there looks to be more to the story than meets the eye.

I have dealt with a number of Refusals from Indo/Pak.

They appear to refuse people on the most dubious reasons you can imagine.

No doubt the appellant win on appeal, but its the inconvinience, annoyance,and the heartbreak it causes to the applicant.

Some reapply and pay the fee all over again, whilst others wait in excess of 10 months before they loved one gets the visa after winning appeal.

You only have to read similar post in this post to find out concern and worry they cause to people.

I am afraid refusal such as this is not new to those who deal with Indo/Pak applicants

http://www.immigrationboards.com/viewtopic.php?t=24261

Wasn't there an episode on UK border force on SKY, where the it was a British woman married to an Indian guy atleast 20 years younger and who barely knew any language except Punjabi. He had been an illegal in the UK previously, but somehow still got a spouse visa.
Maybe they went easy on him because of the TV cameras.

Arch you are very current. I watched it as well. These people are quite unpredictable. It is just the luck of the draw thing.

See also marriage of convenience.

Rozen wrote:

alisonpal wrote: you have married a women who is ten years older than you and i am aware that entering into such a marriage in india would be unheard of .you and your wife have two entirely different backgrounds .personal circumstanses and religions and ages while these are not neccessarily a bar to a genuine marriage it would appear that you have little or indeed anything in common it would appear likely that this a marriage of convience to allow you re entry into uk

Has your spouse been to the UK before? Have they been in breach of a previous visa? Have they been refused a visa to the UK before?

he was there for 5 yrs and he got a refusal for extension on 20th jan 2009 we returned to india 18th feb

[we have 2 and half years emails phone calls pictures with his mum while she was on visit to uk and other family members including mine and we had moved in together on nov 2008 so we had bills in his name as well

Alisonpal

I think we need a bit more info about your personal circumstances and that of your spouse to try and give you a definitive answer in view of what your spouse was refused for.

For example, how old you both are, when and how did you meet, are you both Indians(I mean your race) what your religious beliefs are,how long you have known each other etc.

If you can give us this information, we might be able to tell you the truth in that you have genuinly been discriminated or the ECO is correct and that your marriage is indeed a marriage of convieniance

The information you have given so far is in in dribs and drabs. This is not good enough for other people to help you here. You must be honest with the truth, otherwise you are wasting other peoples time

batleykhan wrote:Alisonpal

I think we need a bit more info about your personal circumstances and that of your spouse to try and give you a definitive answer in view of what your spouse was refused for.

For example, how old you both are, when and how did you meet, are you both Indians(I mean your race) what your religious beliefs are,how long you have known each other etc.

If you can give us this information, we might be able to tell you the truth in that you have genuinly been discriminated or the ECO is correct and that your marriage is indeed a marriage of convieniance

The information you have given so far is in in dribs and drabs. This is not good enough for other people to help you here. You must be honest with the truth, otherwise you are wasting other peoples time

me british citizen 37 him indian citizen 28 we have been in a reltionship for 2 and half yrs he has been in employment in uk as a trainee manager for food company he applied for post graduate visa was refused we both returned to uk yes i am white he is asian what my age religion .race has to do with him applying i have no idea i have 3 thousand pounds in my uk we have a joint indian bank account with just under 4 lachs in it we got this as a wedding present from his mum they are classing this as 3rd party family money even although we provided a affidavit from mum stating that the money was a wedding gift.thr eco says he has it has never been heard of such a marriage in india would not be allowed .i gave him my uk lease and covering letter from landlord stating i am sole occupier of the premises and that my lease has been renewed ever 6 months since april 2008 they say we have no house

I'm confused.
Let me get this straight. The visa was refused on the 'marriage of convenience' ground. right? Is the refusal letter also saying your accomodation is inadequate and you are relaying on third party support because you mentioned your mother in law's wedding gift money?

were you and/or your husband interviewed?

I assume you met your husband while he was working as a trainee manager in the UK. I also assume he was on some visa and once that's run out he applied for a visa to do PhD in the UK and that was refused. what was the reason for that refusal? Has he ever over stayed his UK visa?
Did you have a wedding in India?

Sounds like appeal is the only way. Get some legal help with it. Send the followings with the appeal letter.....
* wedding pictures
* photoes of you together with friends and family
* write a very good covering letter, explain how you met, how you feel about the age difference, culture background, how much your families are support of you too, what is your future plans, etc, etc
* evidence of living together
* evidence of the holidays you have had together

[

no we had no interview we met while i was on holiday in ;london as i am from scotland .we have been seeing each other for 2 and half yrs and we have proof etc.pics hotel bills i have been in india with my husband since 18th feb and i am still here .he had a valid visa until nov2008 when he had reappled they never gave answer until jan 22nd we already had been living together since november as we had planned to marry in uk as my parents cant fly due to illness .we both came india on 18th feb and married here we had to wait 3 months for marriage certificate etc. we have money in bank to be honest i think we have been singled out as there are plenty of marriages in india to goris whom are older than there partner .i have sent all papers abroad for appeal and also as adviced i have sent email to ecm in new delhi asking for a review as i think its discrimination also we did mention that my mother in law had gave us a weding gift of 3 lach rupees and that we had 4 thousand in uk bank account we had been saving for uk wedding