Applying for Refused settlement visa application

[kumarpv19]

Dear Experts,

I have got Tier 1 General visa in Jan 2010 and I got the extension in Jan 2013. I have for married in March 2013 and my wife has never entered UK and got divorce in November 2014.

In process of traveling to india in March 2014 I lost my UK visa Biometric card in india. So I applied for one time entry visa through indian VFS office. While applying I have mentioned my marital status as 'Separated' and I have entred UK. In January 2015 I have applied and got ILR visa.

In march 2016 I have remarried and she applied deppendent spouse visa in the application for she have stated both mine and her status as first time marraige. So the visa is refused and she has accepted that she done that unknowingly.

Now she would like to apply for her visa again with my divorce letter, can some one suggest how she can apply for the same. Does she has mention that her mistake in a covering letter and what are the details we need to provide for the same.

Regards,
Venkat P

[Obie]

She should habe appealed against this, otherwise her credibility will be undermined. The question will be asked as to whether your relationship is genuine, if something as your spouse previous marital status is unknown to you.

[kumarpv19]

Hi Obie,

I was legally married and registered with my first my wife and I got a legal divorce from Indian court. In 2016 I have legally married and my marrige is registered legally as per Hindu marraige Act in India.

She has not appealed against that as it was her mistake in filling the application. Also I came to know that any reply to an appeal will take few months time.

Regards,
Venkat P

[CR001]

You are required to submit evidence of the divorce to prove to HO that you were free to marry again.

[seagul]

Can you paste here the exact refusal wording.

[Casa]

Can you paste here the exact refusal wording.

After removing any personal details.

[kumarpv19]

Can you paste here the exact refusal wording.

I note that your spouse Mr.Name previously applied for a Replacement BRP on dd/mm/yyyy. In response to question 40, ‘What is your Marital Status?’ your sponsor stated ‘Separated’.

I also note that in accompanying Appendix 2 document that you have submitted in support of your application you stated ‘No’ at question 1.21 ‘Have you or Your sponsor previously been married/ or entered a Civil Partnership?’

From the documents that you have provided in support of your application there is no evidence that your sponsor has ceased the previous marriage legally through divorce.

Appendix FM-SE States:
“23. A claim of divorce in United Kingdom must be evidenced by a decree absolute by from a civil court.”
And
“26. Marriages, Civil partnerships or evidence of divorce or dissolution from outside UK must be evidenced by a reasonable equivalent to evidence details in paragraph 22 to 25, valid under law in force in the relevant country.”
You have not provided any evidence of your sponsor’s divorce, your application does not meet the requirements of Appendix FM-SE.

As a result I have seen no evidence that you sponsor free to marry you.

Please let me know any other required on the same.

[seagul]

I think under such circumstances appealing is better than reapplying because in the eyes of caseworker your partner was unknown about the fact that you were already married which is a very important information. Usually both partners are expected to have a complete information about their pasts as well as part of subsisting & genuine relationship perspective.

[kumarpv19]

I think under such circumstances appealing is better than reapplying because in the eyes of caseworker your partner was unknown about the fact that you were already married which is a very important information. Usually both partners are expected to have a complete information about their pasts as well as part of subsisting & genuine relationship perspective.

Thank you very much for your quick reply Seagul, but I got this reply in October and I have never thought of appeal it as one of my lawyer has misguided me. Also I came to know that appealing will take very waiting period to get reply on the same.

So I was thinking of fresh application, does the fresh application can rise any issue?

Regards,
Venkat P

[seagul]

Yes appealing process is very long in now a days but in your case appeal is better instead fresh application. Because even you apply a fresh application then HO more likely drag the issue of old application refusal into it. In other words in appeal you had to wash out that allegation of giving incorrect information because I guess HO don't care whether it's a genuine mistake but they will count it misleading information.