urgent advice needed for appealing spouse visa decision

[petroc]

Hi there,

I was referred to immigration boards and was told this was the best place for receiving advice.
Can someone please help with my situation?
I've been together with my now husband for a year in total. We lived together for 5 months and got married on the 16th of November 2008 in South Africa.
My husband is a UK citizan and I am South African.
After we got married I applied for a Spouse/settlement visa in South Africa, which got refused for the following reasons:
1. Not having enough evidence of a subsisting relationship
2. No proof that we lived together( although we did submit documents in our different names to the same address in london)
3. And not having sufficient funds in our accounts.

Since my ticket was already booked back to the UK, I flew back in the hopes of appealing the refusal here in the UK, as I still had 3 weeks left on my current 2 year working holiday visa.
Subsiquently I was stopped at passport control at Heathrow airport and their decision was to cancel my current visa, kept my passport and has given me till the 13th of January 2009 to gather all my belongings and documents before deporting me back to South Africa.

I am lost as what to do and how to go about doing my appeal and am hoping that someone has some advice for me as I am desperate.

I love my husband and this isnt a married of convenience and feel this is very unfair as I am going to have to be away from my husband until I get this sorted out.

PLEASE HELP US!

[scorpiolady]

Go back to your country of origin and submit your appeal. make sure you get enough evidence for the points they refuse you on. The sponsor (your spouse) needs to contact an OISC registered immigration advisor to help you with the appeal.

what sort of evidence did you submit with your application?

Basically you need to provide evidence around the issues of a subsisting relationship, finances and accommodation.

[Frontier Mole]

I would suggest you put a Human Rights only appeal, this will get you stay in the UK until the hearing and the subsequent court decision. You can not win on the immigration rules, that will get thrown out of court very quickly. Your right of appeal rests in ZAF for the spouse visa and the immigration rules are against you re-entered the country illegally.

Your reasons for the spouse refusal are fairly strong so going back to ZAF is not going to add anything to your circumstances at this time. It might get you more hassle as you obviously attempted to gain entry to the UK on false pretences - namely the WHM visa. So better to take your chances in the UK with an in country appeal.

As for returning on a WHM visa - not a bright thing to do