Spouse Visa rejected - 28 days to appeal. Need some advice please

[xxmeraxx]

Hi my names mera. Im a uk citizen who got married last year in December to my husband who is from Pakistan. I had applied for a 5 year spouse visa for my husband. I’ve waited impatiently for three months and today we finally got the call. He went to collect his documents and visa decision only to find out that it had been rejected under paragraph EC-P.1.1(d) of appendix FM of the immigration rules (E-ECP.2.7).

Long story short is that I got married in December (my second marriage). I attached my divorce decree from the first marriage with all the documents I needed to submit along with my new nikkah papers which were made in Lahore. I never hid that I was married before from anyone including my partner.

I didn’t really read my nikka documents as I just assumed it was proof of marriage and didn’t look much into it. On the documents tho it said I was down as “maiden” and not a “divorcee” and on this basis they rejected my visa and said I made a false declaration on my martial status.

When I had my nikkah the molvi didn’t ask me anything abt previous relationships or anything. He only asked me if I wanted to get married to my husband and I said yes. That was it. I never even thought of anything at the time. It’s only when I got the rejection reason thru that I’ve realised what’s happened.
It says I have the right to appeal within 28 days. Can someone people give me some advice on what to do next. I’m so confused and this has been really disheartening esp after all the long wait and everything else they said was fine. What should I do next ? Please someone help

[seagul]

I am sure your nikkah nama showing your marital status as single instead divorced. So because you hadn't disclosed your previous marriage which was only your obligation to disclose instead nikkah maker assume him/herself, therefore, HO is correct. Be remembered it doesn't matter wherever were you married (legally) you must disclose honestly. You should seek professional advice.

[xxmeraxx]

I’ve never hid my previous marriage from anyone. I wasn’t asked any questions. I didn’t even think this would be on the nikka Nama. The molvi just assumed himself and I never picked up on it because I didn’t read it fully. I know I had to show my divorce papers and I sent them all with my paperwork. Surely this should help my case?

[Londoner007]

Surely, a simple "maiden" will not cause a refusal. Where there any other aspects of the suitability that caused it to be refused. Had you seen this error you could have fixed it or explained it to them.

If you can post the exact refusal wordings it may help to get better idea.

[xxmeraxx]

I’m really sorry I’m new to this so it doesn’t let me upload any picture yet. It was the only reason it got rejected. I have the full letter. Everything else was fine apart from this one part where it said I had made a false declaration on my nikka nama abt my martial status. I’m really new to this site I don’t know how to use it properly.

[seagul]

Were your partner knew about your previous marriage?

[xxmeraxx]

Obviously he knows. He’s a family friend also so his whole family know. Like I’ve said Iv not hid this from anyone. The molvi didn’t ask me and I never even thought to check what the nikkah nama said. Tbh even if I did I wouldn’t have paid much attention to it anyway Because my first marriage broke off 5 years prior. I sent all my documentation with my divorce decree and dates of my first marriage etc. My only fault was that i didn’t pay attention to what was on my nikkah nama neither did my lawyer pick up on it when applying. on the nikah nama it said “if the bride/groom is widow or divorced and has children then mention number and names : and he wrote nil. Like I said before the only question I was asked was my name etc and Qabool hai? That is it. I never even thought abt the rest. It’s a simple miscommunication

[taffet87]

Please post exact wording of refusal

[seagul]

Obviously he knows. He’s a family friend also so his whole family know. Like I’ve said Iv not hid this from anyone. The molvi didn’t ask me and I never even thought to check what the nikkah nama said. Tbh even if I did I wouldn’t have paid much attention to it anyway Because my first marriage broke off 5 years prior. I sent all my documentation with my divorce decree and dates of my first marriage etc. My only fault was that i didn’t pay attention to what was on my nikkah nama neither did my lawyer pick up on it when applying. on the nikah nama it said “if the bride/groom is widow or divorced and has children then mention number and names : and he wrote nil. Like I said before the only question I was asked was my name etc and Qabool hai? That is it. I never even thought abt the rest. It’s a simple miscommunication

Your lawyer seems definitely a incompetent person. In my opinion appealing but tactfully through highly competent person can be its solution but unfortunately it will waste a huge time. Dont reapply.

[xxmeraxx]

Reason for refusal
On 08.06.18 you made an application for entry clearance to the uk under appendix FM To the immigration rules on the basis of your family life with your partner —

Your application has been considered under those rules and with ref to article 8 of the European convention on human rights (ECHR). The relevent immigration rules can be viewed on —-

We have considered your application under para EC-P1.1. Of appendix FM. However you do not qualify for entry clearance under the 5 year partner route for the following reasons :

Suitability
Your application does not fall for refusal on grounds of suitability under section S-EC of appendix FM.

Eligibility
Under para EC-P 1.1.(d) you do not meet all the eligibility requirements of section E-ECP of appendix FMfor the following reasons:

Eligibility requirements requirement

You do not meet the eligibility relationship requirement of paragraph E-ECP 2.1. To 2.10.

You have applied to settle with (my name) a British national born on (my dob). In support of your application you have provided a marriage certificate issued in Pakistan on (date of second marriage). However I am not satisfied that your marriage is valid.

Your sponsor was previously married to (ex name) on (date of marriage). You have submitted a decree of divorce issues by Glasgow sheriff court which confirms that your sponsors first marriage was dissolved on 06.10.15. I am therefore satisfied that your sponsor is a divorcee.

Your marriage certificate records the personal declarations made by you and your sponsor at the time of your marriage in Pakistan. The certificate specifically records the martial status of your sponsor. I note that your sponsor made a false declaration of her martial status.

Point 5 of the certificate records

“Weather the bride is maiden, a widow or divorce”

However your sponsor did not declare that she was a divorcee. Instead she declared that she was a “maiden”. That was not true or correct. I am therefore satisfied that your sponsor provided false information to the marriage official at the time of your marriage.

Therefore, I am not satisfied that your marriage is valid and I am refusing your application under para EC-P.1.1(d) of appendix FM of the immigration Rules (E-ECP.2.7).

Financial requirement

You meet the eligibility requirement

English language requirement

You meet the eligibility requirement

Exception circumstances

We hve considered under para GEN.3.1. And GEN.3.2. Of appendix FM as applicable whether there are exceptional circumstances in your case which could or would render refusal breach of article 8 of the ECHR Because it could or would result in unjustifiable harsh consequences for you or your family. In so doing we have taken into account, under paragraph GEN.3.3 of appendix FM the best interests of any relevent child as a primary consideration.

You have provided information or evidence to establish that there are exceptional circumstance in your case

Refusal under the partner rules

In the light of the above your application is refused under paragraph D-EC-P.1.3 of appendix FM with ref to para EC-P 1.1.(d) and you do not qualify for entry clearance on the 5 year partner route or on the 10 year partner route on the basis of exceptional circumstances under appendix FM

[xxmeraxx]

Thank u guys for responding to me. I’m really new to this site and it’s not the easiest to use. Above is the word for word visa document Iv just typed up. Anyone have any suggestions on what to do next ? we have contacted the molvi who did the nikkkah and he said my husband should go to NADRA LAHORE and take everyone’s cnic numbers including the witnesses and correct the form. Then should I appeal the visa? Surely there should be some easier way? Iv read online that an appeal can take up to two years. I really can’t wait this long. Iv already waited a year. Any suggestions ?

[shaharsh]

hi , mine case is similar but didnt applied yet iam british cityzen , divorced a year back got married in india mumbai , as in india muslim have thier own personal law board, they issue marriage certificates , in india on marriage certicates format its not mentioned if one of the spouce is married or divorced before, but at the time of marrige they ask both individuals if they married before and kept records in their files, but again on marrige certificates its not mentiond no format asking about prvious marriges, like in above case. the visa officer can not find unless he contact the office and ask for the status of individulas at the time marrige. but i am not sure how much possibility he chasing personal law board office to find out the status of individula at the time of marriage. plz help us whatever knowledge u can , HO just need one minor mistake to refuse visas.

[shaharsh]

xxxmeraxx plz update ur case and be in contact, may allah make things easier for us. ameen

[xxmeraxx]

Yeah inshallah
Thank you for replying and telling me about your situation. The best advice I could give you is don’t hide anything. I didn’t know that question was on my nikka Nama otherwise I would have got it changed. I sent them all my paper work and declared I was a divorcee myself but then when they checked my nikkah nama in Pakistan it wasn’t declared on there. So please make sure you have declared your previous divorce in India and here. If it’s not on your nikka Nama then get it changed. My partner has to go to nadra and union council to show my divorce certificate and get it updated then we will appeal I guess

[seagul]

I think the only solution is to appeal in which present that nikkah nama after its legal correction. For information as what documents about accomodation you had attached and what version of English test your partner passed?

[ariamus]

I might have missed from your previous posts but just a thought:

So the English translation of your Nikah Nama states ‘maiden’ and not ‘divorcee’.

Are you sure the original Urdu Nikah Nama also states ‘maiden’ or is it an error by the translator?

[xxmeraxx]

Both parts say maiden. Urdu and English both day “nil”. He never asked any questions and just assumed himself. We never noticed or thought of it till I got my rejection letter

[Londoner007]

Appeal because as its a deception reason if you re-apply it might get rejected automatically again and you may face the 10 year ban.

In the mean time, get the URDU and also the English Translated versions of the Nika Nama fixed to say "Maiden". Also if you can then get a statement from witnesses from both parties present at the Nikah to state that you did make it clear you are a divorce. Also, from yourself explain on the reasons for appeal that this was a clerical error.

All the best InshaAllah

[shaharsh]

Both parts say maiden. Urdu and English both day “nil”. He never asked any questions and just assumed himself. We never noticed or thought of it till I got my rejection letter

they dont except if we correct it and appeal or reapply, i think only solution is, make 2 affidevite certficates one in ur name one in ur husbands name in past date in which u both have clearly mentioned that ur divorced before the marrige and get these documents stamped in india pakistan we call it notary (attastation ) and affidevite goes like this ur name date of birth and ur nationaility and all details of ur husband details and u both want to mary and make one more affidevite from moulvi declaring it was his mistake and get it stamped i am not able to send u a private message if u can just send me a private message

[xxmeraxx]

Hi there
Thanks for replying. I’m not able to send a private message here either. Could you possibly email me please ? xxxxx
I have made the two affidavits. They said now I need to go to court to get the nikka Nama changed. This could take months. I don’t have much time left for the appeal. Any other way?

Moderator edit: Neither can you post personal contact details. This forum is frequently trawled for contact emails etc by scammers and spammers. This is for members' own security.

[shaharsh]

hi, hope u sorted ur nikhanama issue. iam still connfused have to apply soon.its too complicated and dont no what to do my email email address removed by moderator

[CR001]

hi, hope u sorted ur nikhanama issue. iam still connfused have to apply soon.its too complicated and dont no what to do my email email address removed by moderator

I strongly suggest you read the forum rules!!