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Dependent visa refused- invalid marriage. Please help us!

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kiwi_kitty86
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Dependent visa refused- invalid marriage. Please help us!

Post by kiwi_kitty86 » Tue Feb 16, 2010 10:08 pm

Dear all, my husband's dependent application has been refused with the sole reason that our marriage is not recognized in UK laws. We got married 7 months ago in our country embassy in London and a marriage certificate was given. Our marriage is valid under our home country law. However under UK law, marriage ceremony conducted at a foreign mission/embassy is invalid. We feel stuck between the laws of both countries because we can not get another marriage certificate from my home country since our consular marriage has always been legal over there. We cant get a ceremony in UK either because my husband cant come here. We have been in the relationship for 6 years but we have never lived together before our marriage due to study and work commitment.He was given full right to appeal. What should we do now? Do you think we have good chance to have a successful appeal? What else should we include in our application if we reapply?

I would be very grateful for any reply/ suggestions. Thank you for reading my post.

ash786
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Re: Dependent visa refused- invalid marriage. Please help us

Post by ash786 » Tue Feb 16, 2010 11:33 pm

kiwi_kitty86 wrote:Dear all, my husband's dependent application has been refused with the sole reason that our marriage is not recognized in UK laws. We got married 7 months ago in our country embassy in London and a marriage certificate was given. Our marriage is valid under our home country law. However under UK law, marriage ceremony conducted at a foreign mission/embassy is invalid. We feel stuck between the laws of both countries because we can not get another marriage certificate from my home country since our consular marriage has always been legal over there. We cant get a ceremony in UK either because my husband cant come here. We have been in the relationship for 6 years but we have never lived together before our marriage due to study and work commitment.He was given full right to appeal. What should we do now? Do you think we have good chance to have a successful appeal? What else should we include in our application if we reapply?

I would be very grateful for any reply/ suggestions. Thank you for reading my post.
1. R u saying that wen u get married u husband was here and now he is in home country and u applied the visa for him.
2. If thats the case and u already checked that UK law does not accept marriages in foreign embassy then i think there is nothing u can do about that.
3. Less chance of success as u never lived together here in UK.
4. U hav been given a chance of appeal so try if u want.

geriatrix
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Post by geriatrix » Tue Feb 16, 2010 11:35 pm

If the marriage is not recognized by law in UK then your husband will not be successful in getting EC for UK as your married partner / spouse. Appealing the decision is not going to help for the same reason. It is absolutely essential to provide evidence of marriage that UK laws recognize and accept.

Marrying in UK is also not easy because unless you fulfil certain conditions you cannot marry in UK without certificate of approval from UKBA.

Is it not possible for you to register your marriage with a comptent authority (e.g. - civil court) in your home country that will ensure legal sanction of your marriage outside your home country?

regards
Last edited by geriatrix on Wed Feb 17, 2010 2:16 pm, edited 1 time in total.

kiwi_kitty86
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Post by kiwi_kitty86 » Wed Feb 17, 2010 12:09 am

Thank you both very much for your replies. I have to admit it was my fault for not doing enough research before getting married . My husband lived in the uk for 3 years (2006-2009) under student visa then PSW visa, that why we got married in the embassy in London. It just assumed that if a marriage is valid in my country then it should be valid in the uk- which is,again, due to my poor research. :oops:

So i take it that there would be no chance for us to appeal. At the moment, after reading your replies, i only have these ideas in mind for re-applying:
- Enclose our wedding pictures and ones we took during the whole 6 years of our relationship.
- Enclose evidence that we lived together after our marriage ( 6 months of our credit card statements sent to the same uk address)
- Re-register our marriage with a district council in our country ( approved premises to conduct marriage ceremony) and obtain a re-register marriage certificate.

Do you think the above extra evidence would be enough to prove our genuine marriage?

Thank you for reading.

geriatrix
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Post by geriatrix » Wed Feb 17, 2010 12:31 am

No. 3 is the cake (must) and the other two "icing on the cake"! :wink:

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PostMan
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Post by PostMan » Wed Feb 17, 2010 3:03 am

sushdmehta wrote:
Marrying in UK is also not easy because unless you are a British citizen you cannot marry in UK without certificate of approval from UKBA.


regards

COA has been scrapped off, anybody can marry anybody without any approval, its against human right to get permission to marry. Why should one get permission to marry?. If you and your partner accepted each other, go ahead to the registry.
that HO confusion has been cleared, however, if you are illegal, watch your back while stepping into the Registry, as the HO are always at alert to pick anyone up before the marriage certificate is signed.

geriatrix
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Post by geriatrix » Wed Feb 17, 2010 2:19 pm

PostMan wrote: COA has been scrapped off, anybody can marry anybody without any approval, its against human right to get permission to marry.
Any evidence to substantiate this claim of yours? See Can I get married or register a civil partnership in the United Kingdom?.

regards

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Post by yasa » Wed Feb 17, 2010 2:59 pm

PostMan wrote:
sushdmehta wrote:
Marrying in UK is also not easy because unless you are a British citizen you cannot marry in UK without certificate of approval from UKBA.


regards

COA has been scrapped off, anybody can marry anybody without any approval, its against human right to get permission to marry. Why should one get permission to marry?. If you and your partner accepted each other, go ahead to the registry.
that HO confusion has been cleared, however, if you are illegal, watch your back while stepping into the Registry, as the HO are always at alert to pick anyone up before the marriage certificate is signed.
Have u got any link to back your above statment... When it happened ?
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geriatrix
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Post by geriatrix » Thu Feb 18, 2010 6:47 pm

PostMan wrote:
sushdmehta wrote:
Marrying in UK is also not easy because unless you are a British citizen you cannot marry in UK without certificate of approval from UKBA.


regards

COA has been scrapped off, anybody can marry anybody without any approval, its against human right to get permission to marry. Why should one get permission to marry?. If you and your partner accepted each other, go ahead to the registry.
that HO confusion has been cleared, however, if you are illegal, watch your back while stepping into the Registry, as the HO are always at alert to pick anyone up before the marriage certificate is signed.
Please do not misguide people because of your own ignorance, and claim something that's nothing but your own imagination.

COA is very much a current requirement, as on date, though it does not apply to everyone as I have already mentioned in my first response. Certain section of migrants are exempt from it and this is clearly noted on the UKBA website. I have already provided the link in my earlier response for the OP (or anyone else) to check if he requires COA (or not) to marry in the UK.

Hope this clarifies.

regards

atuncete
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Re: Dependent visa refused- invalid marriage. Please help us

Post by atuncete » Tue Jun 06, 2017 3:40 pm

Hi, I am in a similar situation but in Hong Kong. Did you ever find a way to address this? Was your marriage considered valid? Did you have to remarry?

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Re: Dependent visa refused- invalid marriage. Please help us

Post by CR001 » Tue Jun 06, 2017 3:45 pm

atuncete wrote:Hi, I am in a similar situation but in Hong Kong. Did you ever find a way to address this? Was your marriage considered valid? Did you have to remarry?
You have tagged onto a topic that's is 7 years old and in a visa sub forum that is no longer available.

Please start your own topic in the family immigration sub forum further down the main forum page and refrain from digging up old topics.
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