Dependent visa got refused - Mumbai/Kerala. Appeal/Reapply

My wife's visa got rejected by Mumbai BHC on 27th of July.

The decision says:

You have submitted a poor quality marriage certificate which is in an unusual format (to be checked by DVU) as such I am not satisfied that you are the spouse of a PBS migrant as required by 319C(b) of the immigration rules.

The only evidence that you have submitted as evidence of your relationship is this certificate of marriage dated 17th May 2011. This is the only evidence that you have submitted to show that this is a subsisting relationship. You have not provided no evidence to show that you have actually met. Nor have you explained how you met or how your relationship progressed to stage of marriage when he was living in the UK.

I was in India for 1 month from 1st of May to 30th of May 2011 for my marriage and my wife applied for a dependent visa on 9th of June. we had provided the marriage certificate, photo and wedding invitation card as proof of relationship. But the entry clearance officer is expecting more to prove that the relationship is subsisting. Unfortunately the visa clearance officer is not convinced that she is my spouse and intends to join her husband in the UK on a genuine basis.

Don' know what to do exactly at this point. Thinking of reapplying again next month with all the phone bills, chat scripts and all to prove that the relationship is subsisting.

Can any of you tell me what is the acceptable format for marriage certificate? I had submitted the marriage certificate issued by the Municipal Corporation in Kerala. I am really confused what the entry clearance officer expects as she says my marriage certificate is in unusual format. Do they accept Marriage certificate issued by sub registrar office only ? Any help highly appreciated.

I had provided the marriage certificate issued by local authority (Municipality, Kerala) as this is how it is done in Kerala for normal marriages (say under Hindu Marriage Act). Sub registrar will issue the certificate only under Special Marriage act in Kerala with 30 days notice period and further process. If there is anybody from Kerala who had applied recently and got approval, please advise what kind of marriage certificate was submitted by you. please help

Hi,

Any suggestions please?

you can find answers to ur questions by simply searching in this forum...

your marriage certificate is fine

you need to submit

few printouts of email conversations between you and wife
chat logs

call logs .
.some photoes of the couples

That should be fine

sasaraIndia wrote:I had provided the marriage certificate issued by local authority (Municipality, Kerala) as this is how it is done in Kerala for normal marriages (say under Hindu Marriage Act). Sub registrar will issue the certificate only under Special Marriage act in Kerala with 30 days notice period and further process. If there is anybody from Kerala who had applied recently and got approval, please advise what kind of marriage certificate was submitted by you. please help

Hi Mate,

IMHO, you need to look at the reason of the rejection and plan accordingly. The visa officer is not saying the certificate is not valid. He is not convinced the marriage is subsisting. So you have to proove the marriage is subsisting-so search the forum and do as other people did(call logs, email conversations, photos or whatever.... do the research).

And I also submitted the marriage certificate from a panchayat in kerala for my wifes visa. Bear in mind this has happened 2 years back and we had each others name in the passport as spouse(I dont think that is necessary though).
.

Thank you both for the advice.

Yes planning to re-apply next week with all those to prove that the relationship is subsisting, along with the same marriage certificate issued by Municipality. Also planing to get an affidavit from notary just to support the marriage certificate. Hoping for the best.

Hi,

I will be re-applying next week as mentioned earlier.

Also, I am planning to appeal against the first refusal as I have got full right of appeal and my marriage certificate was genuine. I will include the call logs, skype history etc along with the appeal form to prove that the relationship is substisting.

As per the threads in this forum, I believe the appeal against the first refusal will not have any negative impact on my 2nd application.

And if everything goes fine with the second application, I can withdraw my appeal against the first refusal.

Please correct me if I am wrong.

Hi,

You can submit the appeal and wait for some time atleast 8weeks. Usually now the appeals are getting processed in one month.

Anyways it wont stop you to reapply if you do not hear anything within stipulated time.

Good luck.

Regards,
AK

Thank you for your response.

We have reapplied this week as processing time for appeal could be 2-3 months.

As we cannot predict the outcome of this application even though we did our best this time, just thinking of submitting the appeal on the first refusal as I required to do this within 28 days.

I have 1 more week to submit my appeal form on the first refusal. I am bit confused whether this will affect my second application or not.

I have enquired VFS with regard to this, but was informed that they cannot confirm whether my appeal will affect/delay the outcome of my second application or not

Any advice please.

We contacted BHC and were informed that there is no harm in appealing against the first refusal even though we had made a second application.

So sent the appeal form (IAFT-2) and all the relevant documents to support the appeal to Mumbai BHC, today.

Hi,

Even my wifes visa got rejected. The ECO says "I am satisfied that you have a subsisting relationship with you sponsor" but he subsiquently rejects it saying I have noprovided a valid marriage certificate.

In fact I had provided him with an original marriage certificate from Kerala it is on a 10 rupees letter head. There in it clearly states the marriage is as per "Kerala Hindu marriage registration rules Form no 3 (rule 14)". I had also provides a notaries (attornies) stamp paper with my wifes and my photogragh stating we are married.

I frankly dont understand the reason this idot has refused my wifes visa. Other than just refusing for the fun of it.

It would be of great help is you can please tell me how your case progressed and what proofs you had to submit and if you went in for an appeal as well as re-application and the time taken.

Regards,
Ashsih

BTW I am in UK for the past 3 years. Got married in kerala and submitted visa application at mumbai, since that is where my parents live.

Hi sasaraindia

i have exactly same case as yours with almost same reason of refusal that they are not satisfied that our relationship is genuine.
I have already appealed on 11th July as thats what my solicitor told but i heard it takes several months in appeal process.
Now i m thinking to make fresh application as i can't wait for ages.
Do you have rough idea of how long does it take for hearing to take place?
I m confused what to do now whether to wait for appeal or to make a new application. I also met one of the UK's well known solicitor to discuss but he said i cant make new application while my appeal is in process and it will make the case more complicated and he also said based on the refusal reason it is more likely that they will refuse the visa again on new application.

Confused..
any help will be appreciated.

Hi Kalpitgopi,

You defiently can apply while you are appealing, obviously I do not have much experience in these scenarios like you lawyer but have looked around a few sites and saw this on the www.ukvisas.gov.uk site.BTW what did you show as marriage proof your marriage certificate and??

"APL1.20 Applicant makes fresh application while an appeal is outstanding
A person who has an appeal pending can make a fresh application for entry clearance in the same or any other category. There is no requirement for a person to withdraw an appeal. If an appellant is subsequently issued an entry clearance, Post must inform the IAC at: eco.contact@dca.gsi.gov.uk. The ECO must ensure that a proforma of Withdrawal of Decision is also sent to the IAC and this appeal will stop. "

Thanks mnashish

i only put marriage certificate, some photos and invitation card as a proof. The only thing left is my call history which i dint put as my lawyer did not tell me at that time. we never sent an emails to eachother as we always in contact over the phone, skype and facebook. so i dont have email history either.

do you think i should make new application with my call history included?

and i'm also thinking to change her name in the passport with my name in the middle but i dont know how long does it take at ahmedabad passport office to add my name as a spouse and also if i can change the name in her passport while her appeal in pending.

Based on my experience , yes you must include all proofs more the better. And yes you should have included the phone call log histories.

I feel it depends from case to case it was necessary in my case but then there are others who did not need it. So I feel their entire process is flawed. But then it is just like any government dept in India (except that this is british red tape) you pay your money and put faith the outcome is for the better.

Just check with VFS if there is a provision to submit any additional proof now.

i have already sent my call history with my appeal which i did not put in my initial application but i cant wait fr ages just to hear that ECM has sent the bundle to IAC as the process at IAC takes further several months.

So i m planning to make a fresh application with all the evidences included.
can i add my name in her passport while an appeal is pending as that will help a lot in case i make a new application.

any help plz

Hi,

I submitted all the relevant documents along with the Appeal form.

The following documents are provided to support the Marriage Certificate submitted along with initial application.

1. Notarized Affidavit
2. Certificate issued by Nair Service Society (NSS)
3. Certificate issued by the Auditorium Committee where the marriage was solemnized
4. All the relevant photographs of the marriage ceremony & reception (40 photos)
5. Wedding invitation card

The following evidences are provided as a proof of subsisting relationship.

1. Joint bank account statement, Kerala
2. Photographs taken together on various occasions (15 photos)
3. Skype call/chat history
4. Printouts of email exchanges between us
5. Call logs from my Lebera Mobile covering last 6 months
6. Copy of my e-ticket used for the sole purpose of our marriage.
7. Copy of the e-receipts for the gifts sent to my wife

mnashish wrote:BTW I am in UK for the past 3 years. Got married in kerala and submitted visa application at mumbai, since that is where my parents live.

IMHO, I had done the same terrible mistake which made me to go through all these agony now. I got married in Kerala and my wife applied for the dependent visa in Mumbai as she was employed there.

I personally believe had I submitted the application in Kerala, my wife's visa would have been successful with the same Marriage certificate.

The Marriage Certificate provided along with the application was issued by the Registrar of Marriage Local, Municipal Office, Tripunithura under rule 11(1) of the Kerala Registration of Marriage (Common) Rules, 2009.

The Certificate issued in Kerala could be of different format than the one issued in Mumbai/Maharashtra, the ECO was not satisfied with that and did not consider it as a valid proof.

It was one of the reasons for the refusal, other being no adequate evidence provided for subsisting relationship.

mnashish wrote:Hi,

Even my wifes visa got rejected. The ECO says "I am satisfied that you have a subsisting relationship with you sponsor" but he subsiquently rejects it saying I have noprovided a valid marriage certificate.

In fact I had provided him with an original marriage certificate from Kerala it is on a 10 rupees letter head. There in it clearly states the marriage is as per "Kerala Hindu marriage registration rules Form no 3 (rule 14)". I had also provides a notaries (attornies) stamp paper with my wifes and my photogragh stating we are married.

I frankly dont understand the reason this idot has refused my wifes visa. Other than just refusing for the fun of it.

It would be of great help is you can please tell me how your case progressed and what proofs you had to submit and if you went in for an appeal as well as re-application and the time taken.

Regards,
Ashsih

Hi,

IMHO, you can consider submitting the following to support your marriage certificate.

1. Notarized Affidavit
2. Certificate issued by your Community (like NSS, SNDP etc) if applicable.
3. Certificate issued by the Auditorium/Marriage Hall where the marriage was solemnized
4. All the relevant photographs of the marriage ceremony (around 40-50 photos)
5. Wedding invitation card

The appeal process may take 2-3 months if the they decide to overturn the decision locally or 6-8 months if it goes to IAC for appeal hearing.

IHMO, it would be better to make the 2nd application in Kerala itself in case you decide to reapply to avoid such confusions over the Marriage Certificate format. Again please make sure that there is no negative effects on changing the VFS centre for the 2nd application.

@sasaraIndia did you get your approval after it was rejected? If so how did you convince the ECO about your marriage certificate?

Thanks

mnashish wrote:@sasaraIndia did you get your approval after it was rejected? If so how did you convince the ECO about your marriage certificate?

Thanks

Yes, I got the visa today by God's grace, so much relieved now after lots of tension and agony.

First Application was made on 9th of June in Mumbai, got refusal letter on 25th of July. (After 7 weeks)

Second Application was made on 10th of Aug in Cochin, got the visa on 19th of Aug, took only 7days to process.

As I mentioned earlier, I had provided the same marriage certificate that I submitted along with my first application.

Evidence of marriage provided

1. Marriage Certificate provided along with the application is issued by the Registrar of Marriage Local, Municipal Office, Tripunithura under rule 11(1) of the Kerala Registration of Marriage (Common) Rules, 2009
2. Notarized Affidavit
3. Certificate issued by Nair Service Society (NSS)
4. Certificate issued by the Auditorium Committee where the marriage was solemnized
5. All the relevant photographs of the marriage ceremony & reception
6. Wedding invitation card

congrats

jishar81 wrote:congrats

how long did it take to issue visa on your passport, after resubmitting?