Spouse application refused,

Flame8800 · Post by **Flame8800** » Mon Oct 29, 2012 2:25 pm

Hi:

I need urgent advice and help...

iam a pakistani citizen ,but born and brought up in dubai as my family still living in UAE .

I came to uk in 2006 as student .
In 2009 my extension for student visa was refused and i overstayed until 2012.

I have got married in my family/relatives, she is british citizen , i have got married on 17th sep 2012 and did english
and religious islamic marriage NIKKAH aswell in UK.

I left UK on 20th sep 2012,as I did solicitor from UK , he helped me in filling application ,
i did fresh application as a spouse settlement visa as a husband on 27th sep 2012 in dubai UAE.

I recently received a refusal decision on 18th oct 2012 , because i overstayed in UK .

I have got less then 28days for the appeal to be made.

Also my wife and her family came to UAE all the way from UK to visit me and my family and we did islamic wedding celebration in UAE aswell on 18th oct 2012

We both are very upset now coz of this.
we are in genuine relation ship . and it will be very hurtful for her to go back alone .

I am willing to send you scan of the refusal letter.

Please i need urgent advice . And
Please put me in right direction as what to do ,

Many thnx

Post by **Lucapooka** » Mon Oct 29, 2012 2:48 pm

Without giving the exact reason for the refusal (the words in the letter referring to paragraphs in the immigration rules) it's not possible to comment. Can you do this?

Flame8800 · Post by **Flame8800** » Mon Oct 29, 2012 3:54 pm

Many thnx for your reply ,things requested are listed below, any advice plz let me know. Mny thnx

EC-P.1.1 (c)&(d) of appendix fm of immigration rules , (S-EC 1.5 & E-ECP 2.6)

Post by **Greenie** » Mon Oct 29, 2012 5:34 pm

Please post the text of the refusal.

Deviser · Post by **Deviser** » Mon Oct 29, 2012 5:39 pm

Did they refused your application with u/s 320(11) of general grounds of refusal?

It will be good if you write complete reason(s) of refusal and words used by case worker.

Flame8800 · Post by **Flame8800** » Mon Oct 29, 2012 9:59 pm

Many thnx for quick reply,

Plz advice me accordingly , appreciate all your time and efforts...

Post by **Lucapooka** » Mon Oct 29, 2012 10:31 pm

If you intend to appeal this decision, it would be better to do it with legal representation. Be prepared to wait six months for a decision.

Gyfrinachgar · Post by **Gyfrinachgar** » Mon Oct 29, 2012 11:29 pm

Lucapooka wrote:If you intend to appeal this decision, it would be better to do it with legal representation. Be prepared to wait six months for a decision.

True, but even with legal aid one major problem will persist: "submitted a non-genuine Postgraduate Diploma". As far as HO is concerned, that is a deal-breaker and will make future application very tough (to put it mildly). If Flame8800 cannot bring solid evidence for a refutation of the non-genuine (i.e. fraudulent) part, I see absolutely no room for an appeal.

In addition to that, Flame8800 made things much worse by refraining from sorting this out - but instead adding further offences to his account. The letter clearly shows that Home Office is now concerned on a number of levels, including overstaying, marriage of convenience, financial instability and fraudulent documentation (as mentioned, the last one is a show-stopper). In light of that I think seeking legal aid would be a waste of time and money.

Mr Rusty · Post by **Mr Rusty** » Tue Oct 30, 2012 3:13 am

Gyfrinachgar wrote:
Lucapooka wrote:If you intend to appeal this decision, it would be better to do it with legal representation. Be prepared to wait six months for a decision.
True, but even with legal aid one major problem will persist: "submitted a non-genuine Postgraduate Diploma". As far as HO is concerned, that is a deal-breaker and will make future application very tough (to put it mildly). If Flame8800 cannot bring solid evidence for a refutation of the non-genuine (i.e. fraudulent) part, I see absolutely no room for an appeal.

In addition to that, Flame8800 made things much worse by refraining from sorting this out - but instead adding further offences to his account. The letter clearly shows that Home Office is now concerned on a number of levels, including overstaying, marriage of convenience, financial instability and fraudulent documentation (as mentioned, the last one is a show-stopper). In light of that I think seeking legal aid would be a waste of time and money.

Indeed, the overstaying on its own is not a reason for refusal of a spouse application, but as he did so after presenting a hooky diploma that is, as you say, a non-conducive "showstopper". On top of that, he apparently failed to produce all the documents which are now mandatory for such applications - that could, perhaps, be rectified on a future application, depending on his wife's income or resources, as he could not produce a P60 without admitting that he had been working illegally. They've also come up with a slightly convoluted argument that it's a marriage of convenience. To say "you have conducted this marriage to regularise your stay in the UK" to someone who has not actually stayed in the UK but has left and applied from abroad doesn't really seem appropriate.

You say that seeking "legal aid" would be a waste of time and money. I doubt he would get legal aid to make an appeal, but given the terms of the refusal if he re-applied in the short term the result would be the same, so he has little option but to instruct a lawyer for an appeal. He won't be able to sort this on his own. The only alternative is that his wife goes and lives with him in the UAE for a few years and then apply again.

Post by **geriatrix** » Tue Oct 30, 2012 4:12 am

S-EC.1.5. The exclusion of the applicant from the UK is conducive to the public good because, for example, the applicant's conduct (including convictions which do not fall within paragraph S-EC.1.4.), character, associations, or other reasons, make it undesirable to grant them entry clearance.

Not something to be taken lightly.

Stated in the refusal letter:
1. The applicant stopped attending college within 5 months of entering UK as a student.
2. The next application for leave to remain as a student was made 12 months after the applicant stopped attending college (in 1 above).
3. The applicant used deception when applying for leave to remain as a Tier 1 (PSW) migrant.
4. The applicant remained in the UK for 3 years and 9 months in the UK after being refused leave to remain as a Tier 1 (PSW) migrant.
5. Married a settled person / British citizen and left UK 3 days later to apply for entry clearance.

Without being judgmental about the applicant's relationship, I am not surprised that the ECO has questioned the genuineness of his relationship given the sequence of events.

Flame8800 · Post by **Flame8800** » Tue Oct 30, 2012 6:59 am

My wife can provide p60 , and all the other work documents requested ...

But the trouble is from my previous history, i have emailed couple of solicitors, but they asking more fee in taking the case... And advised me that hearing date will take 6 months...

Plz advice guys ... What step should i take next...

Mr Rusty · Post by **Mr Rusty** » Tue Oct 30, 2012 11:01 am

Flame8800 wrote:My wife can provide p60 , and all the other work documents requested ...

But the trouble is from my previous history, i have emailed couple of solicitors, but they asking more fee in taking the case... And advised me that hearing date will take 6 months...

Plz advice guys ... What step should i take next...

It's going to cost you a lot, several thousand pounds I would think, for a solicitor, and six months is a reasonable estimate of the time it will take to come before a judge. Sushdemehta has summed up very succinctly why the ECO's decision is quite arguable in a court of law, so even if you appeal you have no guarantee of success.

If your marriage means that much to you, consider a life with her in the UAE or Pakistan for a few years. In the meantime, unless you have several thousand pounds to spend on an appeal which might not be successful, forget about going to the UK.

sufferhead · Post by **sufferhead** » Tue Oct 30, 2012 5:43 pm

Am not here to dispute all the advised you having been given. But personally I still believe you can win this case at the Appeal, it all depend on how long your UK spouse can support your appeal and getting a very good immigration representative. The reason is because ve seen similar case refused and subsequent appeal allowed, although the marriage was conducted abroad but the person involve have similar bad immigration history like yours.

Post by **Lucapooka** » Wed Oct 31, 2012 5:03 pm

Yes, but any cases sufferhead may have 'seen' overturned (how and in what capacity?), would surely have been under the old regime rather than the new one. This new rule S-EC.1.5 is now being applied in addition to, and in lieu of, 320(11), which could not be applied to the OP due to the false representations being made inside the UK in a leave to remain application rather than as an entry clearance.

Flame8800 · Post by **Flame8800** » Tue Nov 06, 2012 3:42 pm

Many thnx to all ,
Iam in contact with one of the solicitor , he told me that we can win appeal, because iam not in that type of visa catagory or some thing decision will be out of immigration rules,

To be honest i dont know what this solicitor is saying , can any one through some light on it , he said i have to wait nearly 4 months, And decision will be 100% in my favor, all he want from me is

refusal letter , all original documents which i have sended for application , p60 (if this issued) , employer letter , contract letter...

I have asked him that its related to my travel history...All he said no need to worry,
Is this all true or he is just not in sense, or taking advantage...

Please guys need some advice, or any right direction for me,

Thnx all...

wpilr_nov12 · Post by **wpilr_nov12** » Tue Nov 06, 2012 4:23 pm

Flame8800 wrote:...

To be honest i dont know what this solicitor is saying , can any one through some light on it ...

You had applied for a visa. You had conversation with the solicitor. And you don't know what the solicitor is saying.

How can anyone else 'throw' any light on it?

Gyfrinachgar · Post by **Gyfrinachgar** » Tue Nov 06, 2012 5:52 pm

Flame8800 wrote:solicitor is saying (...) decision will be 100% in my favor

Actually, that sounds rather fishy to me. There is no such thing as a 100% guarantee. Even if your solicitor is sure that the odds are in your favour, one can never take victory for granted, especially if HO has some pretty good arguments (see above) as well. On high seas and before a court, one's fate is in God's hand. To boastfully speak of 100% appears questionable.

Flame8800 · Post by **Flame8800** » Sun Mar 27, 2016 2:58 am

just thought to update all mods who had replied to the above question and thank you all.

My visa was granted on MAR/2014.

-Application Refused OCT/2012.
-Missus visited again in Feb/2013.(kept all Itenary/paperwork saved)
-1st Appeal refused. OCT/2013
-2nd Appeal happened after around month n half and got successful On DEC/2013
-At that time my missus was 6 months pregnant.
-and my baby girl is 2 years now

after going through my first post in 2012, that pain and distress cannot be expressed in words.
just replying to this post mainly it can be helpfull for someone else in the forum.

Thanks for all your support.

Immigrationboards.com: Immigration, work visa and work permit discussion board

Spouse application refused,

Spouse application refused,

Re: Spouse application refused,