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dependent visa refused (Help please!)

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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usama
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Joined: Tue Nov 05, 2013 9:56 pm
Location: United Kingdom

dependent visa refused (Help please!)

Post by usama » Tue Nov 05, 2013 10:04 pm

Hi
my wife has applied for a dependent visa from outside UK to join me
iam currently on tier 2 visa
she supplied a marriage certificate and her bank statement with sufficient fund and a photograph from the wedding
the visa was refused as there was no evidence of prior cohabitation , financial or emotional support and contact or communication !!
what else do we need to send
is it better to make a fresh application or applying for appeal !!
thanks

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Nov 06, 2013 10:30 am

A fresh application would be quicker, but costlier, than an appeal (assuming your wife has been given the right to appeal).

Regarding the appeal process read:
http://www.ukba.homeoffice.gov.uk/visas ... o/appeals/
You will see that if she sends in the evidence of cohabitation the ECO may accept it and overturn the refusal decision.

vinny
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Post by vinny » Wed Nov 06, 2013 10:35 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.

usama
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Location: United Kingdom

Post by usama » Wed Nov 06, 2013 3:48 pm

yes she has the right to appeal
do you mean that if i send the evidence of cohabitation in the appeal process, the ECO can overturn the decision without waiting for the hearing list !
can i apply for an appeal and a new visa at the same time ? or it's not allowed !!

usama
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Posts: 4
Joined: Tue Nov 05, 2013 9:56 pm
Location: United Kingdom

Post by usama » Wed Nov 06, 2013 3:56 pm

vinny wrote:See also subsisting marriage.
That's very helpful
thank you

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Post by manci » Wed Nov 06, 2013 7:11 pm

usama wrote:yes she has the right to appeal
do you mean that if i send the evidence of cohabitation in the appeal process, the ECO can overturn the decision without waiting for the hearing list ! the process is explained in the link (above) under "What happens next?". You may also want to read: http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl7/

can i apply for an appeal and a new visa at the same time ? or it's not allowed !! it is either or

usama
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Posts: 4
Joined: Tue Nov 05, 2013 9:56 pm
Location: United Kingdom

Post by usama » Thu Nov 07, 2013 8:59 pm

I am thinking to apply for an appeal till the point of ECM review but i found that on the justice website
The Tribunal is currently receiving very high volumes of appeals. Appeal registration, including the processing of appeal fees is currently taking up to six weeks.
i don't really understand. does that mean after submitting an appeal and making a payment it can take up to 6 weeks to send to the visa section for ECM review ? or did i misunderstand it ?

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