How to prove this? Please help

[Yazzy]

Basically my husband overstayed and returned to his country on his own expense
We got married and his spouse visa was refused
As the embassy don't think we have a genuine substaing marriage

We have appealed and at the moment I don't have a solicitor coz I wasn't happy with the one I originally had

Now I just want to know how do I prove I have a loving relationship with my husband
In our spouse application we submitted letters aswell as flight tickets of everyone that came to the wedding
I have signed letters from them
I have Skype records
I have pictures of us in London together before the wedding
Facebook messages before the wedding
Wedding pictures
Skype records of us talking now everyday
Honeymoon pictures and boarding passes and hotel reciepts of our honeymoon etc

Having all this proof I was still refused
What else can I provide
What do I show in court?
Will visiting my husband a few times from now until the court date prove we are in a real marriage?

Any advice would be good please

[reabs]

You do have a lot of records but some critical ones are missing. Did you live together before getting married? Joint tenancy/mortgage? Did you have shared financial responsibilities? Joint bank accounts or evidence of financial support either way? Joint tenancy? Anything to show a bond other than romantic? Put yourself in the ECO's shoes...is it possible for the evidence provided to have been "posed"?

Also, you dont mention how long you have been together. That is another critical aspect. You stand more of a chance if the relationship has existed for years rather than just months. If you could clarify, we can get a clearer picture.

[Yazzy]

It was an arranged marriage and we got engaged March 2012 all my evidence start from that date and we didn't live together or anything no joint accounts or nothing
I'm going to go visit my husband in few months
Will this add as proof of a genuine relationship?
Also we will be opening a joint bank account in India will this also add as proof ?

[vinny]

See also Subsisting marriage.

[Amber]

Basically my husband was refused spouse visa because they didn't think our marriage was genuine was substaining
We provided Facebook Skype emails and pictures aswell as letters and tickets of everyone that visited and came to the wedding

Anyway we have appealed and I will be putting the same kind of evidence again in court
I'm just wondering will the judge ask me why I haven't visted my husband I haven't visted my husband since the refusal
I earn enough to be able to

Does visiting help my case and prove it is a genuine relationship?

It's not an essential requirement. Depends on the circumstances. You can tell the judge why if, indeed, he is interested to know.

[Amber]

My husbands spouse visa has been refused and I want to get the local MP or chouncillor involved
Which is better?

But give the reason for refusal, so senior members can give you more advice on whether MP can resolve the issue or not.

Not all issues can be resolved by MP.

Missing documents, previous poor immigration history, forged docs may result negative impact.

My husband overstayed in the UK but he went back to his country with his own expense
The UKBA refused because of this reason stating he just wants to enter the UK again legally and they don't believe our marriage is genuine between to living people

He was also planning to marry someone else in 2010 which he didn't actually do as the relationship broke down
The UKBA say maybe he did get married to her and our marriage is not valid

His English test centre was not recognised by UKBA
But when I contacted the test centre they told me they are listed with UKBA and they wrote a letter supporting this

No MP or Councillor will be able to help you at this satge.

You need to appeal refusal and get a solicitor to act on your behalf Wink

[Amber]

Basically we have appealed my husbands spouse visa refusal
We have received the notice of pending appeal
It says the ECM has until 10th September for their decision

I just wanted to know how long after 10th September do I have to wait for the actual court hearing?

Court date can be a month or more after the ECM deadline date... but all that depends on availability...

Ok thank u
Is it true it can even take 3 months for a court hearing?
Would you know how long after the deadline I can contat them to find out when the court date has been set?
I know they will write to me

My experience and dates :
12 May 2012 Visa refused
1 August 2012 Appeal lodged
17 January 2013 We had the date for oral hearing set for 5 April 2013
5 April 2013 Oral hearing
24 April Decision letter received

How did u appeal so long after the refusal?
U had to wait basically 11 weeks for the oral hearing then
Did u get the visa?

My timeline
Spouse visa submitted 7th January 2013
Visa Refused 19th March 2013
Appeal lodged 27th March 2013
Appeal payment taken 19th April 2013
Appeal acknowledgment letter received 10th May 2013
ECM deadline 10th September 2013

Hi
We are in the same situation when i faxed my appeal i received 2 letter first one appeal pending says the ECM has after x April for their decision
second the immigration acts they asked for other documents i wish to make
and send it by x June we haven't anything to send

Sorry, I appealed immediately, but in August they send me the notification to give them information of my credit card to make a payment (even though we already gave them every single information when we sent our appeal papers!). Our appeal was allowed thanks God so now I am waiting for the Call letter, I hope it will be soon

The hearing normally takes place around 6 months after appeal is lodged,unless it is overturned on review,in which case it takes around 3 months Wink

Hi,

Is this for spouse visa or dependant visa?

[Amber]

I just wanted to know what happens if a spouse visa is refused and u appeal it and u go to court and the judge dismisses it
Wht happens next?

Hi Yazzy,

In that case, you've option to take it to Upper Tribunal.

You can submit a new application if you want to.

And depending on other factors, in the end it could even come down to the applicant having no option but to pack his bags and leave UK, or forcibly removed from country.

[Amber]

The ECM has a deadline of 10th Spetember
I was wondering does anyone have any rough idea when the court hearing will be after 10th September
Could it be in January 2014?

No. It is normally about 3-4 weeks after ECM deadlines

ours is 12 weeks after the ECM deadline, they did say 3 weeks but when i questioned them they said it takes 3 weeks to actually get a date for you which is then 5-8 weeks later

So do u know when ur court date is?
The ECM was given until 3rd April and ur still waiting for a court date?
Do u mean the court date is 5-8 weeks after the 3rd week finish since the deadline?

Our court date is 15th July we waited till end of April to receive this date

Oh wow that's 14 weeks after the ECM deadline
So there is a chance mine will go in to being in January
Thanks for that information
Good luck
And do update and let me know the outcomes

[Amber]

Basically my husband was refused spouse visa in March and we appealed
The ECM deadline is 10th September which is few days time

Then we have to wait for court date...

How can i move the court date forward?

I've been sick for a year which is on my record in London and doctors in London know im getting my medication from India. The doctor in india keeps requesting me to go see him so he can do test on me.
But i dont want to leave until this court date is over as i will need to go back and forth to india a few times during the treatment

Stress is making my condition worse

Would this help my case?

The above is only a deadline for the ECM to send bundle to IAT, the Court date hearing could be a few more weeks or months away.There is no harm you visiting India for your personal reasons, as long as you return in time for your hearing.If you have a solicitor representing you then, he will do everything for you in your absence

But once i start the treatment i will need to be in india quite alot
this could clash with court date
and also i dont want to risk losing my job because of this and then it affecting the visa

Then I am afraid you have got some tough decisions to make and only you can make them,not anybody else on the forum

[Amber]

My husband was refused spouse visa in March 2013
We appeled
The ECM deadline was 10 September
We still havent heard anything and its been 2 weeks
When is the court date likely to be set?
This year or next year?
How many months from now?

Any help would be greatful

Anyone in similar position?