Tier 4 student Dependent Visa Admin Review refusal

[Ramyahr]

Hi Team,

My husband Admin review was rejected due to bellow mentioned reasons.
Please suggest me what we have to for my husband visa.
Now i am in UK. he is in home country so plzzzzz suggest me.

Administrative Review under the Points Based System (PBS)

You applied for entry clearance to the United Kingdom as a partner under the Points Based System. Your application failed to meet the qualifying criteria and was refused on 18/04/2018. Your request for Administrative Review was received by this office on 03/05/2018.

Having reviewed your application including representations made by you in your administrative review, I am satisfied that the decision made by the ECO was correct.

I am aware that you have previously held entry clearance for the UK. You were issued a visa to study in the UK in 2009 but do not appear to have completed your course of study. In your review request you state ‘I lost my girl friend I couldn’t concentrate on my studies then I returned to my home country in 2012’ ‘in 2012 due to my health issues I was not completed in time hence I dropped my visa for extension which was refunded due to finance’ ‘this is the reason I could not complete my course after so many struggles my father was expired on 20 feb 2016’ ‘my father friend supporting me a lot for my bright future and he encouraged and sponsored me to drop my tier 1 entrepreneur visa unfortunately it was rejected’’. I am not satisfied you have addressed the concerns rained in the refusal notice. You have not demonstrated any evidence on your fathers ‘friend’ helping you and encouraging you to apply for the tier 1 visa. I am not satisfied you have addressed the points made.

In your review request you state ‘at the time I did not got married legally, hence I have not mentioned about my spouse relation in Apr 2017 applicant’. However you have only decided to mention this at review stage and did not declare this on your application despite being asked on the form if there was anything else you wished to add. This casts doubt on your statements that you are in a genuine and subsisting marriage with your sponsor. I

UK Visas and Immigration is an operational command of the Home Office

note in your request for Administrative Review you are relying on more expansive reasons for you to join you spouse in the UK as a dependant. A genuine applicant would have been able to provide this information upfront. You have provided it only in response to the reasons in the refusal notice.

You state in your review request ‘I need to take care of my mother as well as my family business that is the main reason I did not drop my visa along with my wife application. I thought she will finish the course and back to India. But now she feels alone and we both missing a lot. Hence I have applied for tier 4 dependant visa’. I am not satisfied that you have addressed the concerns raised in the refusal notice. The evidence provided with your original application did not demonstrate that your relationship was genuine and subsisting as there was limited evidence of contact between you and your stated spouse.

[CR001]

1. Useful if you stated the exact reasons of visa refusal.

2. Useful to state your partners full UK immigration history and visas held and the dates.

3. What date did you marry?

4. Why has it not been mentioned in whichever application they are referring to that your spouse is married or in a relationship?

[Ramyahr]

Thanks For revert,

we submitted all the information, when we drop the Tier 4. Visa application.

we submitted marriage certificate also. our marriage date is 21.05.2017.

In 2010 he drooped the visa and he did not finish his studies. again he dropped the Visa on 2012 at that time also he did not completed his studies, again he dropped the Visa for extension at that moment they reject the visa due to financial points. he appeal the court that case was not closed up to 2015. at that moment his father was very serious so he need to back to India. so he approached solicitor he said drop another life time visa then you will get the feed back. so he dropped the visa, before getting the result he talk to UKBA people for his passport back. in 2015 he returns to India. at that moment his parents and my parents fixed my marriage in 2015 December, parents are waiting for the good muhurtam but unfortunately his father was expired on 2016 Feb. this the main reason my marriage was postponed (As Per Hindu culture we cannot marry with in a year of his father death) so our marriage was held on 21.05.2017. before in this time his father friend supports to drop a Business Visa in UK. so he dropped Business twice its got rejected due to some small errors like financial. His last application was held on Apr 2017 Month. at that time we did not marry so he did not mention in the application form. UKBA people are asking this question like you people are relation from 2015 but why you did not mention in Apr 2017 Application form. And they are asking like After your marriage there is no proof, you people are staying to gather. My husband submitted my AAdhar Card(Its a Indian GOVT id & address proof) in this proof my address as a my husband permanent address. even we submitted our photographs as well as my call history.

[CR001]

It is difficult to make sense of what you are writing. What do you mean 'dropped the visa'

Can you type the exact wording of the visa refusal letter, in UKVI's words please.

[Ramyahr]

Thanks for quick revert and Sorry For the inconvenience

I am aware that you have previously held entry clearance in the UK. you were issued a visa to study in the UK in 2009. but you do not appear to complete your study. you return to India in 2012 and submitted application in 2012 return to the UK for completing bachelors. Prior to the expired to the Visa you submitted application for remain in the UK but it was refused. you made a further application for leave to remain before leaving UK in Jul 2015 having exhausted all methods in the UK.
Since return to india you made 2 applications to return to the UK as a Tier 1. Entrepreneur. The most recent application was made on 11th Apr 2017, you stated were single. You have made repeated attempts first to remain in then return to UK. Against this background, You have now applied to join your wife as a student dependent. you have said in your accompanying letter that you have been in a relationship from 2015, but later in the same letter said you have meet each other 2016 and have relationship since then. you made no mention in previous application to return to UK. You have submitted a marriage certificate dated 21.May 2017. (one month after you most recent Visa refusal) and a small number of photographs but that you have information provided does not show that you live together following marriage your marriage or have had any form or regular contact.
You have contradicted your own account of when your relationship started. have not shown you have live together since the marriage or have kept in touch and on checking her application submitted in Feb 2018. 7 months after your marriage. The address she provided and said she lived at for the last 25 years is not that one you have provided in your own application.
Based on all the information i am not satisfied that your relationship is genuine. I therefore refuse your application under Paragraph 319C(d),(e) and (f) of the immigration rules.

[Ramyahr]

Then we submitted Admin review application form Like.

I WOULD LIKE TO INFORM THE RESPECTED VISA OFFICE ,PREVIOUSLY I HAVE TRAVELLED TO UK TWICE UNFORTUNATELY I COULD NOT COMPLETED MY MASTERS IN 2011, I LOST MY GIRL FRIEND I COULDN'T CONCENTRATE ON MY STUDIES THEN I RETURN TO MY HOME COUNTRY IN 2012, WITH MY FAMILY ENCOURAGEMENT I APPLIED TIER 4 VISA IN THAT APPLICATION FORM I CLEARLY MENTIONED. IN 2012 DUE TO MY HEALTH ISSUES( I HAVE SUBMITTED MY DOCTOR LETTER ) I WAS NOT COMPLETED IN TIME. HENCE,I DROPPED MY VISA FOR EXTENSION WHICH WAS REFUSED DUE TO FINANCE. I AWARDED ONLY 30 POINTS OUT OF 40 AND I RECEIVED APPEAL RIGHTS SO I APPLIED TO APPEAL ITS TOOK MORE THAN ONE AND HALF YEAR. SO I APPROACHED TO SOLICITOR FOR MY RESULT. HE SUGGESTED ME TO DROP ANOTHER VISA APPLICATION . DUE TO LACK OF MY KNOWLEDGE I BLINDLY FOLLOWED HIS GUIDELINES SO IMMEDIATELY DROPPED MY VISA AGAIN . AFTER DROPING MY VISA APPLICATION IN 2015 , MY FATHER WAS VERY SERIOUS SO I HAVE TO BACK TO INDIA .

THEN I APPROACHED MY SOLICITOR, EVEN THAT TIME ALSO HE CONVINCED ME TO STAY UNTIL GET THE DECISION. TO CAME BACK TO INDIA IMMEDIATELY, I SPOKEN WITH UKBA TO GET MY PASSPORT BACK . THIS IS THE REASON I COULD NOT COMPLETE MY COURSE.AFTER SO MANY STRUGGLES MY FATHER WAS EXPIRED ON 20 FEB 2016(I SUBMITTED MY FATHER DEATH CERTIFICATE) AS PER ECO COMMENT YOU HAVE MADE SEVERAL ATTEMPTS, ACTUALLY APPLIED MY TIER 1 ENTREPRENEUR VISA ON AFTER 6 MONTHS OF MY DAD EXPIRES DATE. ONE OF MY FATHER FRIEND SUPPORTING ME A LOT FOR MY BRIGHT FUTURE AND HE ENCOURAGED AND SPONSORED ME TO DROP MY TIER 1 ENTREPRENEUR VISA UNFORTUNATELY IT WAS REJECTED TWICE. AT THAT TIME I DID NOT GOT MARRIED LEGALLY, HENCE I HAVE NOT MENTIONED ABOUT MY SPOUSE RELATION IN APR 2017 APPLICATION.

BECAUSE I GOT A CHANCE TWICE BUT I HAVE NOT FINISHED .TODAY ALSO ME AND MY WIFE FACING THAT IMPACT.AS PER RELATIONSHIP DECLARATION LETER PROVIDED WITH THE PRESENT APPLICATION, I HAVE MENTIONED THAT ME AND MY SPOUSE ARE IN RELATIONSHIP(IT MEANS MARRIAGE FIXED) FROM 2015 AND MET IN 2016 . AS WE ARE IN TALKS FROM 2015 AND WE BOTH MET IN PERSON IN 2016 . DUE TO MY FATHER DEATH OUR MARRIAGE WAS PERFORMED IN 21 MAY 2017(AS PER HINDU CULUTURE I CAN NOT MARRY WITH IN A YEAR).
AFTER MARRIAGE WE LIVE TOGETHER IN MY PERMANENT ADDRESS. FOR YOUR REFERENCE I SUBMITTED MY WIFE'S AADHARCARD (IT'S AN INDIAN GOVERNMENT ID & ADDRESS PROOF) ALONG WITH MY DOCUMENTS. THE SAME ADDRESS MENTIONED IN HER EDUCATIONAL LOAN BANK SANCTION LETTER, SHE SUBMITTED ALONG WITH HER DOCUMENTS AND MY WAS NAME WAS INCLUDED IN MY PASSPORT.

THE SAME ADDRESS MENTIONED IN HER EDUCATIONAL LOAN BANK SANCTION LETTER, SHE SUBMITTED ALONG WITH HER DOCUMENTS.I WOULD LIKE TO INFORM THE VISA OFFICER THAT MY SPOUSE MENTIONED HER ADDRESS IN HER APPLICATION AS PER PASSPORT ADDRESS . SHE IS IN A IMPRESSION THAT PASSPORT ADDRESS NEED TO PROVIDED . THAT ADDRESS WHERE HER PARENTS ARE LIVING FROM 25 YEARS.
I HAVE ALSO SUBMITTED TOTAL 7 PHOTOS ALONG WITH MY WHATSAPP CHATS AND CALLS LIST TO PROVE OUR RELATIONSHIP AND TO PROVE THAT WE MISS EACH OTHER AND WOULD LIKE TO STAY TOGETHER AS A FAMILY AND MARRIED COUPLE TOGETHER TO ENCHANE OUR RELATIONSHIPIN INDIA I NEED TO TAKECARE OF MY MOTHER AS WELL AS MY FAMILY BUSINESS THAT IS THE MAIN REASON I DID NOT DROP MY VISA ALONG WITH MY WIFE APPLICATION. I THOUGHT SHE WILL FINISH THE COURSE AND BACK TO INDIA

[CR001]

What documentation of subsisting marriage did you submit?

A marriage certificate is not sufficient.

When did you arrive in the UK?

[Ramyahr]

Hi,
Marriage Certificate, Relationship declaration letter, marriage photographs and whats app charts.

I reached UK in 14 Feb 2018. my visa is up to Sep 2019.

Please suggest me what we have to do now.

[Ramyahr]

Please suggest me

[Ramyahr]

hello,

Can you please advise us.

[Ramyahr]

hello,

Can you please advise us.

[Aslamaria]

What documentation of subsisting marriage did you submit?

A marriage certificate is not sufficient.

When did you arrive in the UK?

Hi,

I need some help with my case too. I was intending to go with my two kids and husband was to stay in home country as he doesn't intend to travel with us. My kids' visa were refused on grounds that I dont have sole custody (a letter was provided that said my husband agrees to me having sole custody). The other reason was that I haven't provided any proof that I have sole responsibility. We have a good travel history. I've been on a tier 4 and visitor visa. My husband has had a visitor visa. My eldest was born there and went for a visit once. The youngest has no travel history to uk. Please advice.

[sah10406]

We have a good travel history. I've been on a tier 4 and visitor visa. My husband has had a visitor visa. My eldest was born there and went for a visit once. The youngest has no travel history to uk.

I think you may have misunderstood the requirement. None of this is relevant to coming to the UK with only one parent.

If a Tier 4 dependant child is applying to come to the UK with only one parent, they must show that they meet immigration rule 319H(f):

(i) [The Tier 4 migrant is] the applicant’s sole surviving parent, or
(ii) [The Tier 4 migrant] has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

In your case, they do not meet (i) or (ii), so they could only successfully apply if they demonstrate they meet (iii). So it depends whether there are "serious and compelling" reasons why they should come to to the UK with you and not stay with their father in Pakistan. If you think there are, the international student adviser at your university may be able to advise on making your case in a new application.

[Aslamaria]

We have a good travel history. I've been on a tier 4 and visitor visa. My husband has had a visitor visa. My eldest was born there and went for a visit once. The youngest has no travel history to uk.

I think you may have misunderstood the requirement. None of this is relevant to coming to the UK with only one parent.

If a Tier 4 dependant child is applying to come to the UK with only one parent, they must show that they meet immigration rule 319H(f):

(i) [The Tier 4 migrant is] the applicant’s sole surviving parent, or
(ii) [The Tier 4 migrant] has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

In your case, they do not meet (i) or (ii), so they could only successfully apply if they demonstrate they meet (iii). So it depends whether there are "serious and compelling" reasons why they should come to to the UK with you and not stay with their father in Pakistan. If you think there are, the international student adviser at your university may be able to advise on making your case in a new application.

Thank you. That clears up a lot. My case went through the university that I applied to and I went through strenuous checks before a CAS was issued to me. At one point, they did ask for a sole custody letter simply stating that I just need a letter from my husband that says I have full custody, and I did send my marriage certificate aling with that. Now, after the refusal, they say custody letters are only issued in a scenario where divorce or seperation has taken place. I feel my university office didn't guide me in the right direction and the information they are giving me now would've been a lot more useful if they had given me this information before. Knowing full well my circumstances, I feel the university didn't point me in the right direction.

[sah10406]

Now, after the refusal, they say custody letters are only issued in a scenario where divorce or seperation has taken place. I feel my university office didn't guide me in the right direction and the information they are giving me now would've been a lot more useful if they had given me this information before. Knowing full well my circumstances, I feel the university didn't point me in the right direction.

I tend to agree. You can complain about the advice, either to the university or to the OISC.

[Aslamaria]

Now, after the refusal, they say custody letters are only issued in a scenario where divorce or seperation has taken place. I feel my university office didn't guide me in the right direction and the information they are giving me now would've been a lot more useful if they had given me this information before. Knowing full well my circumstances, I feel the university didn't point me in the right direction.

I tend to agree. You can complain about the advice, either to the university or to the OISC.

I spoke to a university representative and she agreed that there was an oversight. I discussed with her for a full refund of my CAS and she said I will need to put that in an email. I did so, also requesting them to apply 2018 fees on me as I plan to apply next year and give me a fee discount against the money I lost due to their advice. They haven't agreed to any of these. I am a little upset that having accepted that it was due to the information they provided me that I had my kids' applications rejected, they are not ready to accomodate me in any way. What should be my next step. Please advice.

[sah10406]

I am not clear why you this is causing you to defer your studies for a year. Can your children not make new applications for the Tier 4 Dependant visas?

[abrar26]

Thanks For revert,

we submitted all the information, when we drop the Tier 4. Visa application.

we submitted marriage certificate also. our marriage date is 21.05.2017.

In 2010 he drooped the visa and he did not finish his studies. again he dropped the Visa on 2012 at that time also he did not completed his studies, again he dropped the Visa for extension at that moment they reject the visa due to financial points. he appeal the court that case was not closed up to 2015. at that moment his father was very serious so he need to back to India. so he approached solicitor he said drop another life time visa then you will get the feed back. so he dropped the visa, before getting the result he talk to UKBA people for his passport back. in 2015 he returns to India. at that moment his parents and my parents fixed my marriage in 2015 December, parents are waiting for the good muhurtam but unfortunately his father was expired on 2016 Feb. this the main reason my marriage was postponed (As Per Hindu culture we cannot marry with in a year of his father death) so our marriage was held on 21.05.2017. before in this time his father friend supports to drop a Business Visa in UK. so he dropped Business twice its got rejected due to some small errors like financial. His last application was held on Apr 2017 Month. at that time we did not marry so he did not mention in the application form. UKBA people are asking this question like you people are relation from 2015 but why you did not mention in Apr 2017 Application form. And they are asking like After your marriage there is no proof, you people are staying to gather. My husband submitted my AAdhar Card(Its a Indian GOVT id & address proof) in this proof my address as a my husband permanent address. even we submitted our photographs as well as my call history.

have u got apporoval yet on your husband dependent visa