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Spouse Visa refused

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Marriage | Unmarried Partners | Fiancé | Ancestry

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king786khan
Newly Registered
Posts: 1
Joined: Tue Dec 01, 2015 10:13 pm

Spouse Visa refused

Post by king786khan » Tue Dec 01, 2015 10:48 pm

I applied for spouse visa for 2nd time now
In 2013 i applied for a spouse visa but its got rejected because the UKVI believe that the documents were false because i had left the job few weeks after starting it but i still applied due to inexperience and desperation using all my wage slips etc. I shouldnt have applied but i had got all the documents and thought id give it a chance. i didnt appeal as i had no leg to stand on as i was unemployed.

i reapplied in Aug 2015 with everything perfect pretty much and this is what they replied

ECOs reason for refusal

Our records show that you made an application for settle on 9/9/13.this was refused on the basis of false representations because you sponsor submitted and employment letter, contract and wageslips for the X-pharmacy. Routine HMRC checks confirmed they were false.

In your new application the response to this refusal has stated in a supporting letter dated 21/0815 that "the contract was not false, there were some disagreements with the employer after i started the job and it was therefore decided to terminate the contract soon after commencing it."

However, i note that the employment was dates 23/08/2013 and stated that the employment commenced on 29/07/13 but the employment had already ceased at that date the letter was produced. Furthermore the letter and other documents were submitted in support of you application in september 2013 approx 5-6weeks after the employment has ceased. Your sponsor has not explained why he did not describe himself as unemployed or self-employed as a locum and provide the appropriate supporting documents to demonstrate investment income or income from self employment.

I am not satisfied that you or your sponsor have satisfactorily explained your actions in submitting documents, which you knew did not accurately represent your sponsors employment financial circumstances at that time.

i am satisfied that there was a deliberate attempt to misrepresent your sponsors circumstances and in doing so i consider that you attempted to circumvent the intentions of the immigration rules.

i have given careful consideration to the proportionality of the decision and impact of human rights and compassionate considerations. You have not provided any evidence of exceptional compassionate circumstances. I consider it undesirable to issue you an entry clearance and i am not prepared to exercise discretion in your favour.

According to you application on your sponsor has been employed since 05/01/15 with XY. I note in support of your application your sponsor has provided an employment letter, contract, payslips and bank statements.

In view of your previous history where you relied on employment documents which proved to be false, i am unable to rely on these documents as evidence of your sponsor's ability to meet the financial requirements of immigration rules. i therefore refuse your application under paragraph EC-P 1.1(d) of immigration rules (E-ECP 3.1)


What can you advise me to do as my new application is perfectly fine and i have 28days to appeal ?

HELP please.. :cry:

adealerking

Re: Spouse Visa refused

Post by adealerking » Tue Dec 01, 2015 11:09 pm

Submitting false documentso is like a 10 year ban !!! :shock:
I'm surprised where yours???

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Spouse Visa refused

Post by Wanderer » Tue Dec 01, 2015 11:12 pm

Get caught in lie, kiss visa bye-bye.
An chéad stad eile Stáisiún Uí Chonghaile....

PoleCat
Newly Registered
Posts: 29
Joined: Sun Jan 11, 2015 12:39 pm

Re: Spouse Visa refused

Post by PoleCat » Wed Dec 02, 2015 11:03 am

Doesn't it seem like a bit of "creativity" from the ECO? Due to alleged deception in the previous application (s)he decided not to consider the evidence of employment in the current application. I struggle to see what is the legal basis for this train of thought.

shakoorh
Member
Posts: 153
Joined: Wed Aug 19, 2015 12:32 pm

Re: Spouse Visa refused

Post by shakoorh » Wed Dec 02, 2015 12:43 pm

I really hope you sort this out, but don't know what advice to offer you. I know you were desperate, and know how it feels. I hope it works out for you.

I think you should appeal, and hope that the judge is compassionate. Maybe you could get a letter from your old employer explaining a few things?
Timeline:

App Mirpur (Biometrics): 29-05-15
App received Islamabad: 2-6-15
Email ISLAMVisaInfo (Application Processed): 18-08-15
Email ISLAMVisaInfo (IHS Refund/Refusal): 19-08-15
RFC: 19-08-15

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