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refused spouse visa help

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Marriage | Unmarried Partners | Fiancé | Ancestry

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moma
Newbie
Posts: 45
Joined: Thu Jun 18, 2009 8:42 pm
Location: UK

refused spouse visa help

Post by moma » Tue Nov 24, 2009 12:34 pm

i came to my home country got married and made an application little did i know that it is sent to a different country. it was sent to SA and it was delivered monday. and wednesday it was in transit and i had a refusal. the notice said that UKBA pretoria provides applicants with information of what documents to submit.

I was refused becos:
1. had contrived to frustrate rules cos i had overstayed becos they had refused my LTR visa as a student and it was sent to an old address 2 years after i had moved. I found out and contacted HO ordered to report every 2 weeks and i did.
the HO had my passport until the day i left the UK.
2. i provided tenancy agreements which didnt satisfy the ECO he wasnt convinced we could maintain ourselves cos accommodation wasnt deemed to be enough for the three of us.we have a daughter.
3. he didnt see why we couldnt live in my home countrycos that was were we met.even though my hubby is brit so is my daughter.and our families are nt in my country but in the UK.
4. he didnt think the refusal was deemed to supress our Human rights it was appropriate to maintain immigration control.

so i want to appeal can i include the fact that we have a daughter and i left at my own expense.as well as mu daughter requiring medical care and i have letters from nhs and she also attends nursery will this help and maybe the Section 55 of the borders,citizenship and immigration act 2009 which came in act on 2 nov 09,which requires the IO or ECO to consider
the needs of children as children and make arrangements to safeguard and promote the welfare in discharging there duty/function.

help please

andyb123
Member
Posts: 117
Joined: Wed Sep 16, 2009 12:59 pm

Post by andyb123 » Tue Nov 24, 2009 2:01 pm

1. I'm not sure, so can't really comment on this - if you were on a student visa and you changed where you lived, you should have informed them of your change of address, so you have caused a problem for yourself

2. You can get a housing inspection for entry clearance done by the local council so that they can assess if it is suitable, it's an easy thing for them higlight and use as a reason for rejection if they feel like it

3. Does your husband have a job in the UK? And yes, in your appeal highlight to them (as in provide copies of passports, addresses and contact details) that both your families are in the UK already and that you have nothing in your home country

4. this is just a disclaimer - if it did infringe your human rights you could appeal on that basis, he's just pre-empting you and saying he doesn't think it is.

Your daughters medical treatment isn't a reason to appeal - if your daughter and husband are both British, they can return to the UK whenever they like for her to get medical treatment. The fact that you have a british daughter and husband is a strong factor in your favour for being granted a visa though, you just need to satisfy the other requirments on accommodation and finance to support yourselves.

The only solid reason for refusal he has given is the lack of suitable accommodation - get the inspection done and your most of the way there.

moma
Newbie
Posts: 45
Joined: Thu Jun 18, 2009 8:42 pm
Location: UK

Post by moma » Wed Nov 25, 2009 11:12 am

hey well its like this they were informed i sent a letter and first year transcript from uni and it seems like it got lost cos they claim nt to have it i even did a SAR/freedom of info act request and they was nothing.but i do have the other letters of correspondence from HO.

The council cant help so i am getting a letter from the estate agent and pics of the house.

the copies of my daughter and hubby's passports were sent in first application they have them.he has a good job finance wasnt an issue. he is nt here with me he went back cos of work commitment being an accountant its a busy period. as for my daughter she cant get any medical care cos the health system in my country collapsed ages ago.it nearly non-existent.i dont have all addresses but i have DOB and stuff its hard doing stuff from here.people are so busy.

what abt the section 55 of the borders ,immigration..ACT which came into effect on the 2 november 2009 will it help sending a copy or including it. which says the IO/ECO have to consider the child's best interests and shouldnt take long to decide cases where children are involved becos kids' development doesnt stop and can be hindered by the lengthy time taken by the HO to make decisions.

moma
Newbie
Posts: 45
Joined: Thu Jun 18, 2009 8:42 pm
Location: UK

Post by moma » Mon Dec 14, 2009 9:19 am

so any way i was refused the appeal at the post strange thing is now i didnt get a response from them and i found out after chasing them and they are claiming they sent the refusal to AIT on the 24 nov but they still havent rec'd it.i didnt get my supporting documents what can one do in such a situation.do i wait or ask for my stuff back.

can u make an fresh application whilst u wait for the appeal

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