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spouse settlement visa refusal

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sadikarup
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Posts: 9
Joined: Thu Feb 04, 2010 6:36 pm

spouse settlement visa refusal

Post by sadikarup » Sat Feb 19, 2011 9:00 pm

please advise on this post:

my wife applied dependent visa from chennai, india when i am on work permit with designation of web designer in 2006.
the application is refused on the basis of employment document is false.
in the employment document we mentioned as ' web designer' as per my work permit document but the visa has been refused stating that ' as per documents check we are not satisfied with the document and therefore refusing.

i have granted permanent residency in December 2009 and November 2010 i have applied again for my wife as settlement visa , but this time my designation is changed but working with same employee( after PR, the work permit contract is over)

received the processed application with refusal letter," we have been unable to verify this employment letter , i am not satisfied that your husband is employed as stated. furthermore you were refused entry clearance on 16.11.2006 for using deception by submitting a false document in support of your application. mi am therefore refusing entry clearance application under paragraph 320(7b). any future applications will also be are likely to be refused for the same reason until 16.11.2016. i am therefore refused your application.

right to appeal.. you can appeal with in 28 days....

so please give me advise, if i go for appeal will it be useful or not.. is there any chance to win the case if i appeal.

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sat Feb 19, 2011 9:59 pm

Did you appeal the original decision in 2006 and if not why not?

If you are confident the document was not false then you should appeal.

You should read this post on the free movement blog regarding document verification reports. ECOs are known to claim documents are false with no grounds for doing so:

http://freemovement.wordpress.com/2010/ ... -refusals/

In addition if you now have ILR (I assume you mean ILR as PR is for applications under the EEA Regs), then the ECO should not be refusing under 320 (7B) as applications to join a settled spouse is one of the exempted categories (see para 320 (7C).

sadikarup
Newly Registered
Posts: 9
Joined: Thu Feb 04, 2010 6:36 pm

Post by sadikarup » Sun Feb 20, 2011 11:59 am

1. Myself came to UK in 2002 on student visa
2. Went to India in April 2004 got married.
3. Got my Work Permit with Audio Marketing (UK) Ltd as Web Designer in Dec 2004.
4. First time : My wife applied for student visa in July 2004, from Chennai, India

 This time she mentioned in application form that ‘ Husband is in India actually at that time I am in UK on student visa ‘

 Refused the visa : they called her for interview and due to some issue with the course staring date in university…they refused the student visa.

5. Second time: My wife applied for student visa in June 2005

ï‚§ Refused the visa : False financial documents.

6.Third time: My wife applied for dependent visa of Work permit holder in Nov 2005.

ï‚§ Refused visa: First application you mentioned your husband is in India but at that time he was in UK , so you gave false information and second time produced false financial documents, so we are refusing the dependent visa .


7. Fourth time : My wife applied for dependent visa along with the explanation letter by
Solicitor. We produced all the relevant document and my work permit documents and
Employment letter in November 2006.
Employer received call from British High commission and asked about my details.
In the employer letter we mentioned my designation as Web Designer and 27500K as
per my Work Permit document but the person we received the call told them yes he his working and he in sales .. yaa sales manager. ( web designing and we sometimes takes sale calls also in the show room but actual designation is web designer.

 Refused visa: Employer document is false…

But we haven’t appeal the case . my wife bit nervous she I not aware of appeal and after the time lapse of 28 days.


8. I have got my Indefinite Leave to Remain (ILR) in December

9. Present Application: Settlement visa fore the Spouse of Settled person in UK.

Produced all the relevant documents and employer letter.

After my ILR , my employer changed my designation, they don’t need any more web designer so they changed me to Web Sales executive and what ever reasons .

We produced the employer letter as

Mr.X X. working with us since 2004. currently employed as web sales executive and his salary 15K.

We have received call from British High Commission, the person received call passed to my director who gave me the employment letter he told the information what they ask.. and he passed the call to me and I spoke to the ECO.. she ask me all the details.. what is name , date of birth , designation, salary, and job profile and my wife name, date of birth, where she working and all went fine .

ï‚§ Refused visa:
received the processed application with refusal letter," we have been unable to verify this employment letter , i am not satisfied that your husband is employed as stated. furthermore you were refused entry clearance on 16.11.2006 for using deception by submitting a false document in support of your application. mi am therefore refusing entry clearance application under paragraph 320(7b). any future applications will also be are likely to be refused for the same reason until 16.11.2016. i am therefore refused your application.

right to appeal.. you can appeal with in 28 days....

So what we would be the reason for refusal. Is there any chance if we appeal and what supporting documents we need to provide to convince them.

We received the document on 19 th Feb 2011 but the refusal date 11.02.2011, so we need to submit the appeal with in 28 days .. Which is best way to submit to post or AIT?

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Feb 20, 2011 10:40 pm

320(7B) does not apply to spouse visas.

Appeal. Ask your director to write, confirming your employment letter and his conversation with the ECO.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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sadikarup
Newly Registered
Posts: 9
Joined: Thu Feb 04, 2010 6:36 pm

Post by sadikarup » Mon Feb 21, 2011 10:46 am

Thanks Vinny,

I justspoke to my director , what is conversation with ECO, my director says i told her all yes i gave letter to him and the letter is going to be used for his wife's visa and he his working since 6 years and the designation he told as IT ... like its different from my letter(web sales executive ) he thought web department is related to IT and salary he din't mentioned exactley because he can not remember everybody's exact salalries as a director. he told salary around 14 k but we mentioned as 15 k in the letter and as per that only i produced my payslips and bank statement according 15K.

and my director is ready to give explanation letter as well as his name confirmation with copy of passport and if need any affidavite also.

please advice how to go about it for appeal . is there any good solicitor to aproach.

kind Regards

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