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Tier-1 Dependent Visa refused- Advise please

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nionlight
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Tier-1 Dependent Visa refused- Advise please

Post by nionlight » Wed May 11, 2011 9:27 am

Hi friends,
My wifes Tier-1 (general) dependent visa is refused. reason given was not submitting main copy of marriage certificate in local language. Only certified original English copy was submitted. After that, they gave some silly reason saying My bank account has more money compare to my pay slip. They are saying the money i get though my job is not enough to have such amount of money in bank account ( £20k). This is ridiculous. Now how will I prove that its my money and etc?

They gave right of appeal but I am not very happy with appeal because it may take ages. Now what option do i have? should I re apply? Now is there any restriction how soon she can reapply? Last time vfs people said after a refusal people need to wait 6 months or something? Please advise very very upset :(

chosenaik
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Post by chosenaik » Wed May 11, 2011 11:35 am

When next you apply, do not provide banmk statements. It is much safer to just provide a letter from the bank stating that you have maintained £4,800 or wh\tever the current requirement is between xyz date and abc date.

geriatrix
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Post by geriatrix » Wed May 11, 2011 12:25 pm

Your wife may apply again whenever she wishes to.
Life isn't fair, but you can be!

nionlight
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Post by nionlight » Wed May 11, 2011 12:29 pm

sushdmehta wrote:Your wife may apply again whenever she wishes to.
Hi sushdmehta,
cheers for replying. I would appreciaate if you can advise on few things. since the officer mentioned all these things as he doubted about marriage in the first place.

(1) how to prove I was there in back home during the marriage ceremony.
(2) how to prove relationship apart from marriage certificate and photographs
(2) how to prove all my money I have in my account is my money and legitimate money. The officer seems my monthly earning is not enough to have this much saving (£20k). I am working for 3 years here and my previous job was better paying then this. So their wild guess is just disgusting.

many thanks for your advise.

geriatrix
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Post by geriatrix » Wed May 11, 2011 12:35 pm

When did you get married?
When did your wife apply for entry clearance?
Life isn't fair, but you can be!

nionlight
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Post by nionlight » Wed May 11, 2011 12:36 pm

sushdmehta wrote:When did you get married?
When did your wife apply for entry clearance?
Hi, thanks again for reply. I got married on 4th February and my wife applied on 6th April
Thanks.

geriatrix
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Post by geriatrix » Wed May 11, 2011 12:58 pm

1. Though the time gap between wedding and date of application is not considerable but, given that there's been a refusal in the past, it will be in your interest to provide evidence(s) of subsisting relationship.
2. Provide original marriage certificate and along with a certified translated copy.
3. As for the bank statements (and the balance), IMHO, the reasoning seems absurd if there are no huge money transfers into the account (which may be a reason for the ECO to doubt the source). But the only way to prove so is to appeal the decision. If reapplying, consider using a different account to show evidence of maintenance funds.
Life isn't fair, but you can be!

nionlight
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Post by nionlight » Wed May 11, 2011 1:06 pm

sushdmehta wrote:1. Though the time gap between wedding and date of application is not considerable but, given that there's been a refusal in the past, it will be in your interest to provide evidence(s) of subsisting relationship.
2. Provide original marriage certificate and along with a certified translated copy.
3. As for the bank statements (and the balance), IMHO, the reasoning seems absurd if there are no huge money transfers into the account (which may be a reason for the ECO to doubt the source). But the only way to prove so is to appeal the decision. If reapplying, consider using a different account to show evidence of maintenance funds.
Hi sushdmehta,

thanks again. I am very confused about subsisting relationship. the only way we comminicate is through phone and using phone cards. Now how in the world I can prove it :( and about submitting another bank account, I will need to wait another 3 months to to maintain sufficient fund in new bank account?
is there anything else i can do? should I send copy of all 3 years bank statement? very confused :(

geriatrix
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Post by geriatrix » Wed May 11, 2011 1:26 pm

Some examples of documentary evidence(s) to help prove a subsisting relationship:
1. Copies of email communications.
2. Itemized phone bill showing telephone number(s) of either individual.
3. Evidence of joint bank accounts / term deposits / joint ownership of other assets.
4. Documents addressed to you jointly or in both your names.
5. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you.
6. Copies of Internet messaging (chat) transcripts.
7. Copies of Internet voice / phone call history (e.g. - when using skype).

I am sure people can think of other things too ... depending on their specific circumstances.
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Wed May 11, 2011 1:33 pm

nionlight wrote: should I send copy of all 3 years bank statement? very confused
You can, if you wish to use the same account, and clearly state in a covering letter that you are providing bank statements covering X length of period to avoid being refused (again) for "unlawful reason" of saving money over a period of time! :wink:
Life isn't fair, but you can be!

nionlight
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Post by nionlight » Wed May 11, 2011 2:45 pm

sushdmehta wrote:
nionlight wrote: should I send copy of all 3 years bank statement? very confused
You can, if you wish to use the same account, and clearly state in a covering letter that you are providing bank statements covering X length of period to avoid being refused (again) for "unlawful reason" of saving money over a period of time! :wink:
hi sushdmehta,
Thanks. Do you really mean it? should i really include something like "o avoid being refused (again) for "unlawful reason" of saving money over a period of time"

leony
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Post by leony » Wed Apr 18, 2012 6:46 pm

Hi sushdmehta

Me and my fiancee are living together in the UK for a year now, I have Tier 1(G) visa, she has ECAA 2 visa, we have bills (seperate names) to the same address, we have police registration certificates etc which will prove that we live together

We are planning to go back to our country, get married and apply for a EC visa for her while her current leave is still available just in case her EC application gets refused.

My questions:

1) Can she use her current leave to enter the UK in case of a rejection?
2) What do we need to provide as documentation apart from the marriage certificate to prove that our marriage is genuine?

vp77
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Post by vp77 » Thu Apr 19, 2012 1:39 pm

Hi nionlight

I am very sorry to hear about your refusal. Visa rejection for having extra funds in one's bank account compared to current earnings is the height of unlawful rejection. I think this is the first time I am seeing a refusal for this reason.

For marriage cert. you should have attached the original and the translated copy for verification. so I think you don't have a stand on this point for appeal.

On subsisting relationship, you can also show Joint bank accts. confimration letter , joint or wife as nominee Life insurance policy, any govt. doc showing your relationship, Email prints, itemized phone bills, skype call/chat logs & photos, money transfer receipt.

I know this is all quite frustating and stressful but we have to bear it seems no choice.

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