Tier 1 Dependent Application Refusal on Immigration rule 319

[milan.1680]

Hi

I came to UK in Novmber 2008 in Tier 1 (General) cateogry. I recently got married in India in December 2010 and applied for my wife depedent visa in March 2011 and recieved refusal today.

We have submitted following documents with the application
1. Filled application form 2. Recent bank statement 3. tenancy agreement with wife's name 4. UK NARIC 5.My payslips, contract etc 6.Wedding photos and invitation cards

Today, they have refused it extact wording is as follows:
"The only evidence you have submitted of your marriage is a Certificate of Registration of Marriage dated 14/12/2010. You have submitted some wedding photographs but no bills or other correspondence that shows that you had been living together here in India. The bank statement you have submitted is held only by your husband rather than being a joint account and you have submitted no evidnece of contact with your sponsor either before or after your marriage.

You have not submitted sufficient documentation to satisfy me on the balance of probabilites that you are in a subsisting relationship or that you intend to live together throughout your time in UK (Paragraph 319 C (d)(e) of HC395 as amended)"

I am living in UK for almost 10 years, so, how on earth they are accepting to see joint account or bills etc to show we lived together in India.

I have read the guidance documents for the dependent application and there is no requirement to submit any of those documents.

Of course, we have emails and phone logs fromt the day we meet but as it wasnt required as per OFFICIAL guidance documents, we didnt submitted that.

Do you think it is worth appliying for the apeal via submittitng appeal form and supporting document to High commisin of India in Bombay takes 40 days compare to appeal in UK which takes 6-9 months or just apply again....

Please suggest and share your experience.


Thanks in advance.


Milan

[geriatrix]

The onus is on the applicant to provide evidence of subsisting relationship.

Whether an appeal may be decided within 1-2 months or may take several months depends on whether the decision to allow the appeal is taken by the local BHC (review of refusal as a result of appeal) or by FTTIAC in the UK (local review upholds initial refusal and appeal is forwarded to UK).

[surajban]

Hi Milan,

When i applied for tier 1 dependent last year i submitted marriage certificate, invitation card, marriage photos nothing other than that and i applied after the marriage of about 11 months.

I didn't submitted anything like joint accounts, telephone bills (calling cards), mails.

I think you have a great chance on appeal.

[geriatrix]

Hi
As I have posted earlier, my wife's Tier 1 (G) dependanent visa were rejected on the basis that we have not supplied the proof for subsisting relationship.

We are now planning to apply for appeal this week, and I have printed off all the yahoo and facebook emails (fron last couple of years) and call logs (for last eight month or so) . As we generally spell her name differently than her passport name (which was on the application), still pronunce the same. I was wondering whether they ECM or judge can raise the doubt that whether it is the same person or not. There are thumnails in the email and FB emails, clearly showing her and mine face but am not sure about it. People also tend to name them self differently on the emails, so, i am hoping that it will not cause any problems.

Also, do they cross check the phone numbers as well i.e. who owns the sim etc. Phone number on application and on the logs is same but my wife was using the sim that her dad bought it for her years ago.

Any input is most welcome.


Regards

Milan

1. How the name is spelt shouldn't matter. People tend to use nick name(s) in personal communications.
2. I don't think ECO can check who the phone number belongs to ... as such information is usually not shared by mobile operators without consent of the account holder.

[milan.1680]

Hi,

Today we recieved the IA10 from AIT, asking BHC Bombay to submit the decision of notice to appeal, supporting documents and ask us to wait and they will write to us after 22/06/2011 about how and when appeal will go forward. (appeal lodge on 27/04/2011, extra supporting documents were submitted on 28/05/11 and 03/06/11 (original bill and statments and we did the information about this on IAFT-2 form, saying will be sent once original will be recieved), IA10 letter was written on 07/06/11 and recieved on 16/6/11)

Oddly, my wife called them up yesterday to get the status on the appeal as it has been almost two months, and BHC people said it is under process and next day we got this letter.

We have submitted all the evidance for subsisting relationship with appeal form (emails, call logs, cards, extra photos, very detailed cover letter from me and my wife). As seen on this board, so many visa rejections (on similar case) were overturned at the post, but again I guess, we are not really that lucky or that lot is just to lazy to go through the evidance supplied for reason of refusal with the appeal form.

I will keep this post updated with any progress (hopefully help someone in future)

THanks

Milan

[innocentdevil]

Hi,

Today we recieved the IA10 from AIT, asking BHC Bombay to submit the decision of notice to appeal, supporting documents and ask us to wait and they will write to us after 22/06/2011 about how and when appeal will go forward. (appeal lodge on 27/04/2011, extra supporting documents were submitted on 28/05/11 and 03/06/11 (original bill and statments and we did the information about this on IAFT-2 form, saying will be sent once original will be recieved), IA10 letter was written on 07/06/11 and recieved on 16/6/11)

Oddly, my wife called them up yesterday to get the status on the appeal as it has been almost two months, and BHC people said it is under process and next day we got this letter.

We have submitted all the evidance for subsisting relationship with appeal form (emails, call logs, cards, extra photos, very detailed cover letter from me and my wife). As seen on this board, so many visa rejections (on similar case) were overturned at the post, but again I guess, we are not really that lucky or that lot is just to lazy to go through the evidance supplied for reason of refusal with the appeal form.

I will keep this post updated with any progress (hopefully help someone in future)

THanks

Milan

that is an unfortunate thing to happen, sorry for that.

perhaps, you should have come to this forum before lodging your application mate.
as per previous posts, it is dependent on the case worker to decide about how to go on with one's case but 4 months still is a long time after marriage as far as they are concerned so providing the evidence definitely helps, in fact, the more the merrier.

I have recently got married (last month), came back on 31st and now 16 days later, my wife is filing the application tomorrow but I have made sure that all the phone logs are included with as much other evidence as I could gather. though it isn't a requirement but I have included a wedding DVD with a number of photos for her application so to make it simple and easy for them.

good luck with your appeal and keep us posted.

[milan.1680]

thanks for the post...

i am a quite reader of this board for a long time, but naively i thought i have provided all the document that they asking for, so, we should not have any problem.

I have already started preparing for new applicaton, which we are going to do after my Tier 1 G extension this septmeber. I am planning to make a trip to India in July, and have already added her name in my indian bank account and also she is going to reniew her passport to add my name as a spouse with similar adds as my passport.

Hoping that with call longs, emails, quite a few other things, next time i wont face any problem.

[milan.1680]

just an update from my previous post.

I have called FITCC today and they told me that BDHC, Mumbai has not made any decision and have not forwaded the bundle of FITCC yet (they were asked to submitt the documents by 22/6/11) and they told me that if they recieve the bundle from BDHC in certain time, it will trigger the hearing in the UK without waiting for bundle.

waiting game has started.....

[milan.1680]

Further update on the situtation,

BDHC, Mumbai called my wife to submit her passport and she did went there today. She submitted her passport with a copy of my visa and after that they return original bank account statment that i sumbitted with the appeal and some extra photos that also were submitted with appeal. Apparently, they are going to courier her passport back to her in three to four weeks.

Doest it mean that BDHC is going to stamp the visa?

[geriatrix]

Yes. No other reason to ask for an applicant's passport ... other than dismissing the earlier refusal.

[pmehta2811]

Hi Milan,

did you got your email translated somewhere ?

thanks a lot

[chinni1]

hi milan

Same situation like you. Could you let me know how much u showed for ur fund maintenabce for ur wife.??

thanks

[kalpitgopi]

Hi milan

i got rejection with the same reason and i have appealed on 11th july on got IA10 on 12th august. I m also preparing for a new application just in ECM does not overturns the decision. As a part of preparation i m thinking to add my name in my wife's passport as a spouse before making new application. As u wrote in ur previous post that ur wife is going to do the same.

Question is..
1. Can we change the name in the passport while appeal pending?
2. How long does it take to get the name changed in Gujarat,India (if u know)
3. What happens if we have sent the passport to get the name changed and meanwhile ECM overturns the decision and asks us to submit the passport for stamping?

Thanks

[kalpitgopi]

Hi milan

want to talk to you friend.
could u plz share ur contact details?

Thnks
kalpit
07590376961