Wife's Tier-1 Dependent Visa Refused... Appeal or Re-apply?

[Bharat21]

You have applied to join a man in the uk you claim is yr husband. you have provided no evidence that you and yr sponsor lived together as husband and wife since the date of yr marriage ceremony in 2009 nor have you provided any evidence that yr relationship has continued since your sponsor left for the uk. it is reasonable to assume that some evidence of contact such as letters, phone or email records would be available for a genuinely married couple. the absence of evidence regarding your claimed relationship since the date of yr marriage leads me to conclude that this evidence has been submitted solely for the purpose of securing your entry to the uk. consequently i am not satisfied that this relationship is subsisting or that you intend to live together in the uk, as required by paragraph 319C(d) and (e) of the immigration rules.

i've therefore refused your application because i'm not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant paragraph of the united kingdom immigration rules.

Your right to appeal

u r entitled to appeal against this decision under section 82(1) of the nationality, immigration and Asylum Act 2002. if you wish to appeal you should complete Appeal form IAFT-2, a copy of which will be given to you with this notice. a guidance leaflet is also enclosed which explains what to do.

if u decide to appeal against the refusal of this application, the decision will be reviewed with your grounds of appeal and any supporting documents. you are strongly advised to submit all relevant documents with yr notice of appeal, as it may be possible to resolve the points at issue without an appeal hearing.




I am devastated by reading this!!
We married in Dec 2009 and I came back to UK after a week from our marriage. Since then I've just been to India just a week before the application for my wife is made. My wife lives with my parents since after the marriage.

Should I appeal or re-apply with all the documents?
Can I submit the missing/required documents with Appeal?
What are the required documents? Phone call history and Letters are fine but personal Emails??

Please advice..




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[innocentdevil]

what documents did you submit as you have been married for over 2 years. you needed to provide pics/videos and evidence that marriage is still on by means of telephones bills, email conversations etc to name a few

[Bharat21]

what documents did you submit as you have been married for over 2 years. you needed to provide pics/videos and evidence that marriage is still on by means of telephones bills, email conversations etc to name a few

Documents submitted:
1. Marriage Certificate
2. Marriage invitation card
3. Marriage photos
4. My bank statement for last 3 months with enough funds £3k continuous
5. Pay slip for last 3 months
6. My Passport photo copy (every single page)
7. Tenancy agreements

We've not provided phone call-history, email conversation or personal letters as were not aware of it and VFS did not provide any guidance regarding that.

Please advice; What documents to submit with Appeal?

[nionlight]

what documents did you submit as you have been married for over 2 years. you needed to provide pics/videos and evidence that marriage is still on by means of telephones bills, email conversations etc to name a few

Documents submitted:
1. Marriage Certificate
2. Marriage invitation card
3. Marriage photos
4. My bank statement for last 3 months with enough funds £3k continuous
5. Pay slip for last 3 months
6. My Passport photo copy (every single page)
7. Tenancy agreements

We've not provided phone call-history, email conversation or personal letters as were not aware of it and VFS did not provide any guidance regarding that.

Please advice; What documents to submit with Appeal?

Hi Bharat,

many people including my own brother got visa with exactly same documents as yours. But now days after Tier-1 general visa is closed, their main money making scam is dependent visa. Because they very well know people wont go for appeal because of the time it takes and they will simply re-apply and they can suck another £1000. I am so shocked to see one person's dependent visa was refused because they think proof of valid leave to remain in the uk was not provided even though that person gave visa copy. How ridiculous it can be. It is nothing but a money making scam so that people will apply again and they will suck up another £1000.

Now if you want to wait 5/6 months you can appeal and definitely you will win. or can re-apply with email, phone bill ( if you use phone card you can get bill from phone card company, I have done that) video chat session, skype chat sesion, some photographs with date on it etc. Good luck and don't loose hope.

[Bijuk]

i completely agree with neonlight ..do not re-apply - just go for appeal and u will get it ...

[Bharat21]

Now if you want to wait 5/6 months you can appeal and definitely you will win. or can re-apply with email, phone bill ( if you use phone card you can get bill from phone card company, I have done that) video chat session, skype chat sesion, some photographs with date on it etc. Good luck and don't loose hope.

I know they are money grabber and obviously they must have come to know from my pay-slips that I will be re-applying....

I want to appeal and want to know;
1. How long does it take to get the result overturned by Appeal?
2. I haven't read the Appeal form IAFT-2 but Can I submit Call-history, Chat history and Emails with the Appeal form? Would that be considered?

[innocentdevil]

agreed. I user lycatel to call my wife and if you sign up on their website you can basically get a full logs/history of the calls with quite a bit of detail which is very good.

[milan.1680]

Hi Bharat,

Me and my wife are going through exactly the same. EC rejected on subsisting realationship proof (got married in dec 10, applied in march-11).

Appealed the refusal, and with IAFT-2 form, i have sent call longs from lycamobile, rebtell, statement for the account that i used to pay the money for call, my normal phone bills to prove that i am the one who is calling. Emails from yahoo and gmail (from last six month), hotel bill, photos, card and very detailed cover letter from me and my wife.

After waiting for almost two months, we have recieved the IA10 form i.e. i am assuming the worst case that ECM has not over turned the decision and it will go for full hearing in UK.

Please stay in touch to share the experience.

Timeline

Original applicatoin: 20/03/11
Refusal: 11/04/11
Appeal sent: 27/04/11
IA10 recived: 16/06/11
Outcome: still waiting.......

[infonex]

hi, i am that person which nionlight talking about, yeh i am agree with him, reapply if you can't wait appeal will take 5-6 months, i have appealed hoping they might review. in my case i can't even reapply as i have the same passport and visa copy can't send them original passport with application so got no option left just to appeal and review finger crossed appeal it if you can wait its bit secure way to get visa for your wife.

cheers......

[innocentdevil]

this is now becoming a joke where HO are rejecting applications for no apparent reason. there must be somewhere we can complain about this so there should be proper guidelines to follow rather than just rejection.

I have applied for my wife's dependent visa today from Islamabad and it is only 16 days after I have left when she has applied. Have given very detailed documentation and phone logs as well (16 days only) so lets hope for the best

[magicman]

Me and my wife have been struck with a similar blow. My wife applied a Tier 1 dependent visa on 8th of May 2011. She got a refusal letter on 24th May 2011.
After a lot of reading / discussion / thought we decided to appeal against the decision, and have posted around half a kilogram of documents (on 5th Jun) that should be sufficient (I HOPE) to convince the officer that our relationship is subsisting.
We managed to provide my UK phone call logs, our gmail and skype chat logs, photos, reference letters from family, friend and my landlady in the UK, my wife's mobile phn bill. A covering letter specifying all these details.
We got an acknowledgement that the office in mumbai has received our documents on 6th Jun 2011. On 7th of june we got a call from UK VFS office in mumbai asking for some more details from the appeal form. We are waiting for any further information from VFS.
In the appeal form they have stated that within 10 days they would let us know if the decision would be reverted and visa granted or the case will go ahead for appeal. So am expecting to hear something within next 10 days. However its surprising to read that ppl have got response after 2 months.
What ever the case is, am pretty certain that they have decided to discourage ppl from applying for visas and entering into UK as immigrants.
Am further looking into mode of raising a complaint against the UKVFS as they have not specified anywhere that we are supposed to show evidences of subsisting relationship.
Lets see what happens, has any of you ever got a positive response for an appeal....

[innocentdevil]

personally, i know appeal takes time but I would go for it as its worth doing it. firstly, you save a hefty amount of money for a fresh application and secondly you stay put by appealing that your docs were right.

[RockON]

Been through this. The decision is upto you. Ask yourself, do you want to wait for 5-6 months (2 months on optimistic side) or you want to pay for new application

Best of luck

[infonex]

My wife visa refused on 6th June 2011, BHC ISB.
Appeal logde on 16th June 2011 to 1st tire tribunal UK
Acknowledgement letter recieved on 04 July, 2011

Saying tht copy of notice of appeal sent to overseas...
I am wondering wt happen next and how long ECO will take to respond...
we are expecting review on our appeal as they made a mistake. but did not heard any thing from abu dhabi embassy so far.... can any one share his/her experience on pendding appeals.

[magicman]

Hi All,
am happy to inform that we have got our appeal approved (original rejection decision overturned) on 8th Aug 2011. Following are the timelines till now.
- Tier 1 Dependent visa applied on 8th June 2011.
- Refusal letter received (stating the reason as unsatisfactory proof of subsisting relationship) 23rd June 2011.
- Posted the appeal documents to BHC on 5th July 2011. (including phn call logs, gmail/skype logs, letter from landlord in UK, letter from employer, ref letter from friends, some photos before/after wedding)
- Got and ack letter from BHC that the docs have reached BHC 8th July 2011. (it was also said that to help us service you better pls do NOT contact us for any progress on your application !)
- Got a letter from BHC stating that the rejection decision has been overturned. and they have asked my wife to visit the office in mumbai with her passport for stamping the visa. letter received on 8th Aug.

The next plan of action for her is to visit BHC in bandra-kurla complex and submit the passport for visa stamping.
I hope this information is useful for people. Its atleast gud that appeal process is working and the responded in 1 month. Now what remains to be seen is how much time it actually takes to get the visa stamped and passport returned.
Thanks.

[manishiyam]

Hi, I am in a similar situation.
It is mentioned in the letter in the refusal letter that I should NOT submit any supporting evidence. It seems to me that you have submitted some additional evidence.
Do you have any comments about it?

Thanks,

[CR001]

Hi, I am in a similar situation.
It is mentioned in the letter in the refusal letter that I should NOT submit any supporting evidence. It seems to me that you have submitted some additional evidence.
Do you have any comments about it?

Thanks,

You have posted a question without explaining your personal situation in a post that is more than 4 years old. There have been many amendments to the rules since then, particularly regarding appeal rights. You would be better to post a new topic with all the detail about the refusal.