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Tier 1 Dependent Refusal

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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Charlie2311
Newly Registered
Posts: 5
Joined: Thu Jan 03, 2013 6:45 pm

Tier 1 Dependent Refusal

Post by Charlie2311 » Thu Jan 03, 2013 6:56 pm

Hi Guys,

I am in pretty bad situation here, my wife's dependent VISA has been refused because of past immigration history, not enough proofs given and duration of maintenance funds.

Tried going thru some threads but didnt find the required info.

Really need some advice please, can someone please help??

Thanks in adance

thebionicredneck2003
Member of Standing
Posts: 385
Joined: Thu Dec 30, 2010 11:43 pm

Post by thebionicredneck2003 » Thu Jan 03, 2013 7:00 pm

Hi,

For people to help you, we will need more detailed information on her past immigration history and the proof you provided for her visa.


Kind Regards

Charlie2311
Newly Registered
Posts: 5
Joined: Thu Jan 03, 2013 6:45 pm

Post by Charlie2311 » Fri Jan 04, 2013 4:52 pm

thebionicredneck2003 wrote:Hi,

For people to help you, we will need more detailed information on her past immigration history and the proof you provided for her visa.


Kind Regards
Thanks for you reply...

My wife Brazil National, she visited me in 2010 and stayed with me in London for 5 months. She traveled again in 2011 but was refused to enter and sent back to Brazil.

Her IS.82A says as follows

"You have asked to leave to enter the UK as a visitor for one week but i am not satisfied that you are genuinely seeking entry as a visitor for the limited period as you stated. This is because upon arrival you stated that you previously visited the UK on 16.03.2010 for period of 15 days. However you later admitted that you had in fact remained in the UK for a period of 5 months. Furthermore you initially stated that you were married but later admitted that this was not the case in fact you were divorced. You stated the reason for these discrepancies was in order to secure your entry to the UK "

She has never been married or divorced before she just answered to secure her entry since we were away from each other for more then a year.

Same immigration interviewed me over the phone and of course i answered everything truthfully and it matched everything with his systems and all.

My girl friend Visited Delhi in Jan 2012 for a week to meet my family. Then we both returned to delhi in July 2012. We got engaged in July, marriage in the court in September and Hindu ceremony in on Nov 28.

We filed her dependent visa on 15th Nov following our the proofs we submitted.

1. Marriage certificate
2. Phone calls/Chats from 2009
3. 5-6 photos together
4. Bank statement, invitation lettter, letter of support, pay slips, tenancy agreement etc

Refusal reason
=========

He mentioned that we only provide marriage certificate but to support that we didn't provided any documentary or pictures of ceremony. He also pointed we didn't provide the VISA stamp of my passport to prove that i was there during the marriage.

"He also mentioned the way he look at this is not a genuine marriage but to facilitate the entry to the UK"

I am sure he is under the impression that my wife was divorced in Brazil because he mentioned the exact statement from her IS.82A as i mentioned above and asked special marriage officer didn't mention that she was divorced.

Not sure if you guys know the special marriage but to do that in India we need NOC from respective embassy and NOC is only given once a girl/boy are free to marry.

I am sorry for such a long explanation but i hope it gives a better idea.

Since i filed her visa before the ceremony so now i can provide the documentry, pics of our ceremony, passport stamp and all other stuff. But i find it difficult to prove that she was never married or divorced in Brazil and the only proof i her of that is NOC from brazilian embassy which was issued in July.

Any advice and suggestions are more then welcome and i request you all to guide me please.

Thanks in advance

madnan24
Newbie
Posts: 49
Joined: Thu Aug 27, 2009 11:45 pm

Post by madnan24 » Sun Jan 06, 2013 1:14 am

Charlie2311 wrote:
thebionicredneck2003 wrote:Hi,

For people to help you, we will need more detailed information on her past immigration history and the proof you provided for her visa.


Kind Regards
Thanks for you reply...

My wife Brazil National, she visited me in 2010 and stayed with me in London for 5 months. She traveled again in 2011 but was refused to enter and sent back to Brazil.

Her IS.82A says as follows

"You have asked to leave to enter the UK as a visitor for one week but i am not satisfied that you are genuinely seeking entry as a visitor for the limited period as you stated. This is because upon arrival you stated that you previously visited the UK on 16.03.2010 for period of 15 days. However you later admitted that you had in fact remained in the UK for a period of 5 months. Furthermore you initially stated that you were married but later admitted that this was not the case in fact you were divorced. You stated the reason for these discrepancies was in order to secure your entry to the UK "

She has never been married or divorced before she just answered to secure her entry since we were away from each other for more then a year.

Same immigration interviewed me over the phone and of course i answered everything truthfully and it matched everything with his systems and all.

My girl friend Visited Delhi in Jan 2012 for a week to meet my family. Then we both returned to delhi in July 2012. We got engaged in July, marriage in the court in September and Hindu ceremony in on Nov 28.

We filed her dependent visa on 15th Nov following our the proofs we submitted.

1. Marriage certificate
2. Phone calls/Chats from 2009
3. 5-6 photos together
4. Bank statement, invitation lettter, letter of support, pay slips, tenancy agreement etc

Refusal reason
=========

He mentioned that we only provide marriage certificate but to support that we didn't provided any documentary or pictures of ceremony. He also pointed we didn't provide the VISA stamp of my passport to prove that i was there during the marriage.

"He also mentioned the way he look at this is not a genuine marriage but to facilitate the entry to the UK"

I am sure he is under the impression that my wife was divorced in Brazil because he mentioned the exact statement from her IS.82A as i mentioned above and asked special marriage officer didn't mention that she was divorced.

Not sure if you guys know the special marriage but to do that in India we need NOC from respective embassy and NOC is only given once a girl/boy are free to marry.

I am sorry for such a long explanation but i hope it gives a better idea.

Since i filed her visa before the ceremony so now i can provide the documentry, pics of our ceremony, passport stamp and all other stuff. But i find it difficult to prove that she was never married or divorced in Brazil and the only proof i her of that is NOC from brazilian embassy which was issued in July.

Any advice and suggestions are more then welcome and i request you all to guide me please.

Thanks in advance

Hello Charlie2311,

1- go to any good solicitor ,

If they refused your wife's visa so you can apply again or you can go for appeal. Please discuss with good Solicitor.

You can use human rights Article 8 with your appeal, and you can provide below Documents :

2- Your E-Ticket, and Bank Statement which shows you did buy ticket for india and high light them with the marker.( when you travelled India to get married )
3- Her E-Ticket , and Bank Statement which shows that she did buy ticket for india and high light them with the marker. ( when she travelled India to get married with you).
4- All Married Documents from India
5- Your Bank Statement which can prove that you can support her in uk
6- your Marriage pictures, your hotel booking OR Ceremony's hotel/menu booking receipt.


Thanks , Hope it helps.

Charlie2311
Newly Registered
Posts: 5
Joined: Thu Jan 03, 2013 6:45 pm

Post by Charlie2311 » Mon Jan 07, 2013 8:46 am

Many thanks for your advise.

I already hired one of the best agents in the business but i am sure they didn't handle the case good enough.

I did discuss with the Immigration officer when i returned to London in December and suggested me to have my wife writing the statement why she provided the wrong information during her travel to UK in September 2011 and provide rest of the documents and it should be ok.

What do you suggest to justify her interview with the immigration officer in September 2011?

Would appreciate if you can suggest something on that.

Kindest regards

Charlie2311
Newly Registered
Posts: 5
Joined: Thu Jan 03, 2013 6:45 pm

Post by Charlie2311 » Tue Jan 08, 2013 4:05 pm

Please suggest me something on this situation.....i need help

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