Tier 1 dependant rejection. Help with grounds of appeal

[kayshanana]

Hello All,
Please I need help drafting grounds of appeal for my husband's appeal application for Tier 1 dependant visa.

The decision is as follows: You have failed to demonstrate evidence of a subsisting relationship or an intention to live together permanently with your sponsor.

In your application Mrs xxxx states that you have been in a relationship together for a while, also stating that she visited you on the 15/12/2014. During this holiday, it is stated that you made a decision to make the relationship permanent and married in CH on the 30/12/2014. I do not consider these details sufficient evidence of a genuine and subsisting relationship. In addition, the marriage certificate provided states that Mrs U is a single parent however, there is no mention of child in the application or supporting documents.

Furthermore, I note that you were refused a visit visa on the 20/10/2014. In this application, there was no reference to Mrs xxxx or your relationship with her. Instead, the stated purpose of the visit was to attend your sisters graduation ceremony.

The evidence of your communication and conversation history with Mrs U in the UK) is dated from 23/09/2014; you have provided evidence to demonstrate that you were in contact at the time of the above refused application. I also note that the photographs of your wedding appear to have no other guests in attendance. For this reasons given above, I am not satisfied that your relationship with your sponsor is genuine and subsisting and I refuse your application under paragraph 319C (d)(e).

I have therefore refused your application because I am not satisfied, on the balance of probabilities that you meet all of the requirements of the relevant Paragraph of the UK immigration rules.


My own story as my husband's sponsor:

I currently hold ILR after lawfully being on Tier 1 general for 5 years.My husband and I started a relationship in August 2014 and by 30th December, I visited him in my original home country and got married.
I included marriage certificate, Registry wedding pictures, phone records, conversation on social media, maintenance funds.

I am a single mother and never married. The Tier 1 dependant application only mentions dependant children of applicant. My daughter who is 5 years is dependant on me and a British citizen. she cannot be said to be dependant on my husband as i have only just gotten married to him and have not started living together so believe this reason is frivolous. I intend including copies of her birth certificate and passport bio page.

My husband applied for a visit visa in October solely to attend his sister's graduation at the UEL London. Although he did not mention me in the application, this was because we did not plan to see as I currently live in derby undergoing intensive MSc studies which will definitely not give us time to see. Besides, he was only coming over for his sister's graduation and when the application was refused due to inadequate funds,no appeal was done nor further application put in as the graduation ceremony had taken place. I believe, the refusal was wrong on this basis as it is not in accordance to immigration rules.

The registry photographs had few people in attendance as it took place at 9am on 30/12/14 and our guests arrived late and we also did not invite a lot of people as we wanted a quiet Registry wedding. In the cover letter, I mentioned as per our cultural requirements, we will be having our traditional wedding on the 24th of January 2015. This has now taken place and have evidence of pictures with a lot of guests in attendance and video recordings. I also have further communication on viber (social media) to prove our relationship is genuine. I have now changed surname to my husband's surname, I have the national newspaper clipping as evidence.

[kayshanana]

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[vinny]

See also Subsisting marriage.

[sagareva]

The refusal text is disgusting especially the mention of your daughter for which there was no reason.

However I am confused why is he applying as a PBS dependant under 319 and not as a spouse of a settled person? When did you get ILR? would you have met the financial requirement to sponsor him under appendix FM?

I know the immigration rules for a while seemed to read that PBS dependants may continue to apply under 319 after sponsor gains ILR, but I believe the real intention here is to allow for that route for dependants already in the UK applying for further leave. they have now corrected that. if you read 319 closely now you see that.

If you married after ILR there is no reason to not apply under appendix FM and I would reapply under that TBH.

this is because even though the ECO may have been as confused as you are, application under PBS is not really appropriate in this case and it would be hard to defend it

you have to get all documents together and apply properly under appendix FM, IMHO

PM me if you want

[vinny]

I agree that applying for entry clearance under Appendix FM would be more appropriate for a spouse of an ILR holder.

Therefore, any appeal for a PBS dependant entry clearance application may be bound to fail.

[rejo123]

I am so sorry for your situation,I would suggest you contact a very good solicitor and seek legal advise soon as possible.They should be a technical grounds for you .The evidence they have is circumstantial you should be ok.

Hang in there and fight you will overcome