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Tier1 dependant visa Refused

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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T1&IT
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Joined: Sat Aug 24, 2013 6:27 pm

Tier1 dependant visa Refused

Post by T1&IT » Sat Aug 24, 2013 10:42 pm

Hi Guys,
I need your advice.
I am on Tier1 visa.My wife defendant visa application is refused.It was my second marriage.My first wife got Tier1 visa defendant visa but our marriage dissolved and she left UK.I informed to home office about divorce and after few month i got second marriage and applied for my new wife visa.

I submited following documents.

For marriage
1-Marriage certificate(Nikah mama)
2-Computerized marriage certificate
3-wife Passport with husband(Main dependent ) name on it
4-2 couple photos.Marriage day.
5-photocopy of passport for exit and entry stamp from UK of main applicant at the time of marriage

For divorce
1-Previouse divorce certificate.
2-Ex wife visa copy and passport copy
4-printout of email from BHC for acknowledge of change of circumstance form

Visa officer send appeal document to my wife.
ECO write in its decision.
"I have noted that you and your husband have met and that your husband was previously married.However there is no evidence or information to show contact and intervening devotion between you and your husband from either before and since the marriage.In view of this I am not satisfied that your marriage was subsisting at the time of your application.
I have therefore refused your application because i am not satisfied on the balance of probabilities that you meet all the requirement of paragraph 319C(d) and (e)".

Interesting point is that i submit the same document for my first wife and she got visa and second wife got refusal.

My visa will expire in February next year and i have plan to apply for PR in January .So i have only 5 month left.Now i am confused and tense.
Please advised me about following points.

1-If i apply for appeal then how much time it takes and if appeal takes more then five month then my current status of Tier1 will change on end of January.
2-Shall i need to apply fresh application for my wife OR apply for appeal.
3-Is she eligible for fresh application Or there is any restriction like time etc.
4-Can i apply for appeal now and wait for few weeks and see if ECM reverse the decision.If ECM reverse the decision then OK otherwise apply for fresh application.
5-Appeal will submit in UK or she can submit in home country i.e Pakistan.
6-In appeal i need only to submit photocopies including photos and only section that is related to Marriage and don't need to submit all other documents like bank statement etc.

In appeal I have plan to give phone call record and some new photos(other then marriage day) and letter from wife and my parents to show that marriage is subsisting.I don't have chat and email conversation.Because i use mobile Or land line number for conversation.

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sun Aug 25, 2013 1:29 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

T1&IT
Newly Registered
Posts: 23
Joined: Sat Aug 24, 2013 6:27 pm

Post by T1&IT » Sun Aug 25, 2013 6:35 pm

vinny wrote:See also Subsisting marriage.
Thanks vinny.
Any suggestion about point 1-6

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Sun Aug 25, 2013 8:45 pm

1. Two - six months. See also APL01 - Appeal procedures.
2. See APL1.20.
3. No time limit.
4. Yes.
5. See APL1.2.
6. Read the appeal form.
Life isn't fair, but you can be!

T1&IT
Newly Registered
Posts: 23
Joined: Sat Aug 24, 2013 6:27 pm

Post by T1&IT » Mon Aug 26, 2013 12:07 pm

sushdmehta wrote:1. Two - six months. See also APL01 - Appeal procedures.
2. See APL1.20.
3. No time limit.
4. Yes.
5. See APL1.2.
6. Read the appeal form.
Thanks for reply.
About point 6.In form they write
1-send form
2-notice of refusal
3-Send any other document to support of your appeal.
So i need to send all document that i send to initial application plus new evidence OR only that are new evidence?
Can any body recommend good and reasonable price solicitors?

vinny
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Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Aug 26, 2013 12:13 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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