Tier 1 Dependent, shall apply from home or abroad?

[sunjay]

I am a Tier 1 visa holder currently living in UK. I got married last year. That time the it was only a religious and legal marriage done in a small family gathering. Very shortly after our marriage I came back to UK and my wife went to australia for her study. She was preparing to go to australia since 2009. She received her australian visa just next day after our marriage.

This year january we both went to our home country and our wedding reception took place. During this time she applied for my dependent visa but it's been refused. Refusal letter said that our relationship is not subsistent as in 2010 I left home country only after a few days of our religious marriage. ECO was not happy that I didn't spend enough time with her that time as he mentioned that I left country just after 8 days of our marriage.

Although she's given right to appeal but we're not sure if we'll go with it as we didn't document/record most of our communications. We plan to reapply in next 3/4 months and this time we'll document all our communications properly.

My question is: if she goes back to australia to carry on with her study, will she be able to apply from there? What the ECO might think of it if she goes back to australia and re-apply half way through her course (as her initial application and refusal was in home country)? Will it be enough to prove subsistent relationship if we document only next 3/4 months communication?

[geriatrix]

See also ECB5 Where to apply - the policy.


regards

[sunjay]

See also ECB5 Where to apply - the policy.

regards

Thanks for your reply.

So technically my wife can apply from australia also as she has student visa of that country. Correct me if I'm wrong. But my question was: how the ECO might look at it? Say, is there any chance that ECO might raise a question about her intention to live in UK or is she more interested to live in australia rather than in UK?

also please shed some light on my last question - Will it be enough to prove subsistent relationship if we document only next 3/4 months communication?

[geriatrix]

The ECO may even question why a person studying in Australia (and therefore normally resident there) has come to India to apply for an entry clearance, when he/she could have easily done so from Australia!

Rather than worrying about where she should / could apply from, IMHO, your biggest issue at hand is to figure out how you will provide evidence of a subsisting relationship from the day you were married until the day of the application. IMHO, providing evidence of subsisting relationship for only 3/4 months preceding the application may not be sufficient, given the fact that an application has already been refused for lack of such evidence.


regards