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SPOUSE VISA REFUSAL

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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yoyin
Newly Registered
Posts: 6
Joined: Mon Jan 21, 2013 3:57 pm

SPOUSE VISA REFUSAL

Post by yoyin » Fri Jun 28, 2013 2:13 pm

Afternoon to everyone on the forum and kudos to all the great work been done. I did apply for my husband spouse settlement visa from nigeria on the 25th march 2013 after making sure we met all the requirement. After a long waiting without response we emailed vfs lagos office on the 18th of june 2013 and few days after we recieve a message that application ready for collection.
Yesterday the 27th june my husband went to collect the document and it says REFUSAL OF ENTRY CLEARANCE. Please i need help in going through with the refusal, anyone whos been in my shoes and succeeded should please assist. i need intelligengent advice from the moderators before we ran out of time.
The refusal states as follows;
RELATIONSHIP REQUIREMENTS
ECO Reasons for Refusal
." You have stated on the application form that you and your sponsor have been in a relationship since 12/12/2011 and that you married on 19/02/2013. You have last saw each other on 23/02/2013, 4 days after your wedding. In support of your application you have provided a marriage certificate, photographs, email and telephone records. The email provided are dated btw 16/04/12 - 12/07/12, 01/09/12 and between 30/10/12 - 01/03/13. you have provided virgin media bills but they are not itemised so i cannot cosider them as part of application. you have also provided vodafone bills dated 17/10/12 - 06/02/13 and although they are itemised they do not show any calls between you and your sponsor. you have also stated in your application form that you keep in touch via BB messenger but you have provided no evidence of this. it is reasonable to expect that in a genuine subsisting, supportive and affectionate relationship, there will be evidence of regular contact, signs of companionship, emotional support, affection and abiding interest in each others welfare and well being throughout the entire duration of your relationship. furthermore, although you state on your application form that you have been in a relationship since 12/12/11 you have only spent the period between 12/02/13 until 23/02/13 together. you have made no attempt to travel to the uk to see ur sponsor prior to this, and he has not been to nigeria to see you and you have taken no other trips together.
Having considered all of this i am not satisfied your relationship with your sponsor is genuine and subsisting or that u intend to live permanently together in the uk. i therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the immigration rules. (E-ECP.2.6 & 2.10)"

Its really killing me right now after meeting all other requirements and only to be refused based on the above.
when we submitted the application i wrote a sponsorship letter explaining the following;
1. that i communicate with my husband on the phone daily using the talk home calling card whose access number is alway reflecting in my itemised bill
my virgin landline phone which i use alot could not showing am calling her because its a contract and its got free call therefore wont reflect in the itemisation
my itemised vodafone bill shows all my bb messenger usage but not the overseas numbers

i could not visit my wife because i had to sort my in country visa of permanent residency out and could only travel abroad after it was a success.
i had to move in a new 2BED flat to be able to accommodate my husband when he comes over here so we can leave permanently together.

do i stand any chance in appealing this refusal?

can i have help to deal with this refusal as i got no clue about what to do and we can really afford a new application at this time.
thanks in anticipation
yoyinsola

dada
Newbie
Posts: 42
Joined: Thu Mar 21, 2013 12:33 pm

Post by dada » Fri Jun 28, 2013 8:13 pm

Afternoon to everyone on the forum and kudos to all the great work been done. I did apply for my husband spouse settlement visa from nigeria on the 25th march 2013 after making sure we met all the requirement. After a long waiting without response we emailed vfs lagos office on the 18th of june 2013 and few days after we recieve a message that application ready for collection.
Yesterday the 27th june my husband went to collect the document and it says REFUSAL OF ENTRY CLEARANCE. Please i need help in going through with the refusal, anyone whos been in my shoes and succeeded should please assist. i need intelligengent advice from the moderators before we ran out of time.
The refusal states as follows;
RELATIONSHIP REQUIREMENTS
ECO Reasons for Refusal
." You have stated on the application form that you and your sponsor have been in a relationship since 12/12/2011 and that you married on 19/02/2013. You have last saw each other on 23/02/2013, 4 days after your wedding. In support of your application you have provided a marriage certificate, photographs, email and telephone records. The email provided are dated btw 16/04/12 - 12/07/12, 01/09/12 and between 30/10/12 - 01/03/13. you have provided virgin media bills but they are not itemised so i cannot cosider them as part of application. you have also provided vodafone bills dated 17/10/12 - 06/02/13 and although they are itemised they do not show any calls between you and your sponsor. you have also stated in your application form that you keep in touch via BB messenger but you have provided no evidence of this. it is reasonable to expect that in a genuine subsisting, supportive and affectionate relationship, there will be evidence of regular contact, signs of companionship, emotional support, affection and abiding interest in each others welfare and well being throughout the entire duration of your relationship. furthermore, although you state on your application form that you have been in a relationship since 12/12/11 you have only spent the period between 12/02/13 until 23/02/13 together. you have made no attempt to travel to the uk to see ur sponsor prior to this, and he has not been to nigeria to see you and you have taken no other trips together.
Having considered all of this i am not satisfied your relationship with your sponsor is genuine and subsisting or that u intend to live permanently together in the uk. i therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the immigration rules. (E-ECP.2.6 & 2.10)"

Its really killing me right now after meeting all other requirements and only to be refused based on the above.
when we submitted the application i wrote a sponsorship letter explaining the following;
1. that i communicate with my husband on the phone daily using the talk home calling card whose access number is alway reflecting in my itemised bill
my virgin landline phone which i use alot could not showing am calling her because its a contract and its got free call therefore wont reflect in the itemisation
my itemised vodafone bill shows all my bb messenger usage but not the overseas numbers

i could not visit my wife because i had to sort my in country visa of permanent residency out and could only travel abroad after it was a success.
i had to move in a new 2BED flat to be able to accommodate my husband when he comes over here so we can leave permanently together.

do i stand any chance in appealing this refusal?

can i have help to deal with this refusal as i got no clue about what to do and we can really afford a new application at this time.
thanks in anticipation
yoyinsola
So sorry to read this. However I think the refusal might have had something to do with your previous immigration history and marriage.

You were married to an EEA national, got your residence permit and got divorced. 4 months later, you began another relationship (with someone that doesn't live in the same country) for 2 months, got married, spent ELEVEN days together in total and haven't seen each other since. However your call records show communication from the time period you were still married to the previous partner, which doesn't align with the dates of your relationship, leading him to doubt that it is a genuine marriage.

In your appeal, you might have to spell it out that you had been friends this this person for X number of months or years before getting married. Your long friendship is what has kept your relationship going and that is why it will be a success. Also get trusted friends and family to vouch for your relationship etc etc.

Best of luck

yoyin
Newly Registered
Posts: 6
Joined: Mon Jan 21, 2013 3:57 pm

Post by yoyin » Fri Jun 28, 2013 10:07 pm

Hi dada, I was not in a relationship while still married to my ex. My divorced was finalised since august 2011 and the ukba was informed. As my resident permit was valid till sept 2012, I never applied for my EEA4 until august 2012 and was issued in nov 2012. I was single and able to start a new relationship b4 my EEA4 application. I doubt in anyway if my past immigrartion history got any effect on this decision as I have got a clean history on my immigration status. A posted this refusal to ask for a way forward with the appeal

nameoh12
Newly Registered
Posts: 11
Joined: Mon Sep 03, 2012 1:49 pm

Post by nameoh12 » Sat Jun 29, 2013 2:36 pm

yoyin wrote:Hi dada, I was not in a relationship while still married to my ex. My divorced was finalised since august 2011 and the ukba was informed. As my resident permit was valid till sept 2012, I never applied for my EEA4 until august 2012 and was issued in nov 2012. I was single and able to start a new relationship b4 my EEA4 application. I doubt in anyway if my past immigrartion history got any effect on this decision as I have got a clean history on my immigration status. A posted this refusal to ask for a way forward with the appeal
i sent u a pm check your box

Yazzy
Member
Posts: 200
Joined: Fri Apr 19, 2013 11:42 am
United Kingdom

Post by Yazzy » Sun Jun 30, 2013 1:26 pm

Hi Dada
My case is similar to yours
My husband was in a relationship with his ex in 2010 and he was going to get married to her and he even got permission from the UKBA for this as he was in the UK.
The relationship broke down and in 2012 we got enaged and he went back to his home country and we got married over there.
He was refused spouse visa in March 2013
The reason being that our relationship is not genuine

We got the exact same 'I am not satisfied your relationship with your sponser is genuine and substaining or that u intend to live permenantly together in the UK. I therefore refuse........'

We appealed and the ECM has until 10th September 2013.

Its very hard and long process

You have to appeal this and gather as much evidence
Talk on whatsapp with ur wife everyday and screen shot a picture with the date everyday from now and also do skype conversations everyday
Gather all this so you can show it in court
Also get friends and family to vouch for this relationship

yoyin
Newly Registered
Posts: 6
Joined: Mon Jan 21, 2013 3:57 pm

refusal overturned and visa issued

Post by yoyin » Fri Nov 08, 2013 5:57 pm

Thanks everyone in the house especially Johnj1, was visa refusal has been overturned and the visa issued. Thanks for all your advice and for people waiting don't give up because its happens. Thanks once again.

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