spouse visa denied. something new

[stan86]

My wife has been refused a settlement visa to a UK. All requirements were met including my income.
Now of course, we know the subsisting isshue. Yes. i can prove that. No problems.
But there is one more item that has puzzled me and everyone else. In the initial application we answered to the question: Do you intend to work?
If yes "what work will you do" We answered yes, then wrote" will accept any work available" and for this reason the Eco has said we are being vague and do not attend to work and will rely on public funds.[/u]

[harv]

You do not need to worry if you have all the evidence:

- Communication post marriage - just provide all the relevant evidence when submitting your appeal and also bring it with you in court if your case goes to a judge.

- Work - you as a sponsor should have enough financial balance/job to meet the requirements, if you meet the requirements the ECO has no grounds on this. You are simply saying that your partner will also try to find a job to make things easier, on the same time you already have the job that meets the financial requirements.

Hope this helps.

[stan86]

Thanks " Harv" for the info. In my case i have all the requiremnts met. good stady job, own home and i was single. There was nothing left out of the documents required. The contact documents we did not put in becuase we simply know about it.

I am very sure i can win on the communications bit. My question why would the eco mention something do vague and unrelated. My earnings are enough. 5 years in a job on 24k and no other dependents. They did not question anything else apart from this contact and this silly things which is hard to beleive. How can a n aofficer of governemnt view a statement of "willing to take on any work available as vague. Been here 40 years + and the first thing we have to learn is to say we are ready to take on any work, so that we do not need to rely on benefits.

appealed 18, july 2012
contactet The tribunal in uk.given ref no and told eco has 14 Dec2012
Stll waiting. 24/9/2012

[harv]

I am sorry to hear about your refusal.

Such a small thing and you have to wait for another 6 months. If you had provided all other proof of marriage then this should have been okay as well. I guess the amount of evidence was not big enough and might have mentioned that it is a love marriage as well.

The thing is, if its an arranged marriage the ECO would not be looking in too much detail of the communication evidence. However the more evidence the better o avoid the shock.

Just prepare yourself with as much evidence as possible to clear the points the ECO has raised and you should be fine.

Best of luck...

[king2be98]

As harv states, arranged marriages they don't pay too much attention to communication docs if you applied soon after marriage. Love marriage, then you need to provide lots of docs.

On your appeal, you will need to mention and provide evidence of your communication. How you met, how you keep in touch etc etc.

You'll also need to mention that you meet the salary requirements, but the job offer was for your spouse. Whether she works or not, it will bare no influence on the minimum income requirement.

I would appeal, because it's 2 fairly easy points to argue over and almost certainly, if you put together a good grounds for appeal document, it'll be reviewed and overturned.

[stan86]

My application was very strong. no faults to find but the contact after marriage which they can interview for. I am looking at this reason behind the rejection. My marraige was arranged marriage with people present from uk and Candada. A perfect wedding with all relevent documments.

We recieved are determination on 10/7/2012. On that day i was back in India. Proof provided in the appeal docs, but still they have not over turned their decision.

I'm thinking that is something more sinister at work here. It could be just plain old arrogannt ECO, or they are bordering on the lines of beloved.

[harv]

My application was very strong. no faults to find but the contact after marriage which they can interview for. I am looking at this reason behind the rejection. My marraige was arranged marriage with people present from uk and Candada. A perfect wedding with all relevent documments.

We recieved are determination on 10/7/2012. On that day i was back in India. Proof provided in the appeal docs, but still they have not over turned their decision.

I'm thinking that is something more sinister at work here. It could be just plain old arrogannt ECO, or they are bordering on the lines of beloved.

Do not worry!

As long as you have the evidence you are fine.

ECO are just qualified enough to follow hard written rules and they take decisions on the picture they have in their mind about the applicant. They are not uqalified to be a judge, thus your application will surely be granted whe the judge sees it. The amount of time wasted in all this is stupid I would say because there is no need for such a refusal.

What you may find is that on the day of hearing the ECO might just settle the case and overturn the decision in the waiting area. This happens sometimes because the insult they get from the judge on such plain and simple case refusals is a bit shameful. So hopefully your refusal may get overturned without even seeing a judge.

Just be prepared and provide everything you can. If you are doing everything legally and have nothing to hide, you are going to get a positive result.

Best of luck.

[stan86]

hi thanks people for you comments, i really appreciate them.

On appeall process, did we need to send with the appeall only new evidence or the rest of the initial documents sent with the first application again. I was under the impression, they want only the new evidence and not the rest of the bundle. We addressed this new evidence with legal help and posted only new evidence as asked for.

[harv]

Yes only the new evidence is required...

[stan86]

Does anyone know for certain how long a First Tier appeal takes for spouse settlement visa appeal.

I am comming across lots of different data on this. Some sites even produce a chart and indicate 11 weeks for a hearing date. Some are saying 6 months and even a year.