Dependent Refused - Mumbai South - 1st July 2010

mayursha · Post by **mayursha** » Fri Jul 02, 2010 12:22 pm

Hi All,

I applied for my wife's dependant visa on 16-Jul-2010 and we got our rejection yesterday. Its really sad because I checked all the documents thoroughly and everything looked fine.

I sent out Marriage Certificate / Photo / Wedding Card and yet they refused stating below:

The application must demostrate that they are in a subsisting relationship and intend to live together throughout your stay in the UK.

The only evidence you have submitted of your marriage is a certificate of registration dated 26/03/2010. You have submitted only one wedding photograph and no documentation detailing your own personal circumstances that would have enabled me to determine whether you had been living together here in India. In light of this, and in the absence of further evidence of your relationship or interveining devotion, I am not satisfied that your relationship was subsisting at the time of your applicaiton was made or that you intend to live together throughout your time in the UK.

While I had also sent them the cover letter which mentioned the main applicant as me with my details I am unable to understand why they have rejected.

I was waiting for her to join me here and it is very depressing to know that it will take much longer time now. With the current circumstances, Need assistance on what should i do further.

I checked with some learnt and friends who knows about immigration systems and they suggested me to appeal.

Does anyone know how much time it would take for me to get her here if i appeal? what else should i provide them?

I do have Insurance on her name with me as a nominee. Have some tickets as well whilst we travelled together when we were there. Does these things count?

The thing is her passport still has her old address which i did not intend to change because it takes 3 months in India, however is quicker when I can do it here in London.

Please help.

Mayur
mayursha@yahoo.com

sapvish · Post by **sapvish** » Fri Jul 02, 2010 1:26 pm

Mayursha.. its sad to hear... I had a question.. The maintenance funds required for the dependant was maintained for 3 months? bcos you havent mentioned about it in your post..

As far as the evidence for marriage is concerned, the docs that u submitted must have been enough... I never knew that wife's passport must show the same address as husbands etc etc.
Has anyone else faced such a situation?

adityak77 · Post by **adityak77** » Fri Jul 02, 2010 1:31 pm

.. I never knew that wife's passport must show the same address as husbands etc etc.
Has anyone else faced such a situation?

Wife's passport need not have husbands address, as long as you have evidence of relationship.

Wife's bank statements if show home address and same address appears on husbands passport is valid.

mayursha · Post by **mayursha** » Fri Jul 02, 2010 1:42 pm

Hey,

I did show 3 months bank statement with enough funds, the bank account was hers with her old address.

My concern was that i had provided all the necessary documents to prove the wedding and relationship, yet they stated that they were not convinced.

Is it a strong case to appeal? and what should i provide more.

jcisco · Post by **jcisco** » Fri Jul 02, 2010 2:13 pm

Hi Mayursha,
My wife's visa was rejected on the same reason saying that the relationship is not subsisting. We only submitted marriage certificate as relationship evidence as we only did court marriage. After that, she applied for second time and got the visa. In the second time, I prepared a letter explaining the history of our relationship. (How I met her first time, when we got engaged, how were we in touch with each other between the period of engagement and marriage etc..) She also submitted copy of phone call history showing that I was in touch with her.

If you prepare something like that it may be helpful if you want to reapply or you can go for an appeal. I did contact immigration lawyer after she got rejected first time. The lawyer said that this case is very strong and you will sure win it. The only problem is that appeal takes around 4 to 6 months or more.

mayursha · Post by **mayursha** » Fri Jul 02, 2010 2:16 pm

Does it actually take 4-6 months? i heard it could be done in 6-8 weeks..

I am preferring appealing because the bank balance has dipped for a couple of days after the application so now i cannot show 3 months from current date.

Kind of in fix at the moment.

mayursha · Post by **mayursha** » Thu Jul 08, 2010 4:03 pm

Anyone can share similar experience and if possible an appeal letter format that i can use. if someone has gone through this and has won appeal, please share the appeal letter.

sapvish · Post by **sapvish** » Fri Jul 09, 2010 3:27 pm

mayursha... may be you can follow this thread... Looks like you both are in the same boat..

http://www.immigrationboards.com/viewto ... 790#390790

mayursha · Post by **mayursha** » Tue Sep 07, 2010 10:45 pm

Just to update - I went in for an appeal and they have overturned the decision today. Took them 1 month to take the decision. Now sending the passport for visa

adityak77 · Post by **adityak77** » Wed Sep 08, 2010 7:32 am

mayursha wrote:Just to update - I went in for an appeal and they have overturned the decision today. Took them 1 month to take the decision. Now sending the passport for visa

Congratulations! And hope you get the passport soon within 3-4 weeks.!

anirban_paul · Post by **anirban_paul** » Wed Sep 08, 2010 2:35 pm

mayursha wrote:Just to update - I went in for an appeal and they have overturned the decision today. Took them 1 month to take the decision. Now sending the passport for visa

Congratulations!

Could you kindly let us know what evidence/papers/points you added when applying for the appeal please?

kunal parikh · Post by **kunal parikh** » Wed Sep 08, 2010 10:41 pm

Hi Mayursha,

I have got the rejection on the same reason. My wife's visa rejected on the subsitence relationship as we did not provide any photos because VFS people told us that its optional...

However, we have appealed the decision on 27 july 10 and they overreturned the decision on 27 Aug only...we have not sent the passport for the stamping now..i know its really frustrating...i will suggest you to go for appeal...its a matter of Rs 50,000

the documents we submitted.

1) we have certified the marriage certificate by govement of gujarat as they doubt about susbtience realationship
2) provided engagement/wedding/ reception PHOTOS
3) Itemised calling card bills
4) history of calls from yahoo messenger and skype

We drafted big covering letter explaining the situtation...i think you should be fine as I also did not change the wife's surname or address in the passport...

Just have to be patient

All the best..

Kunal

mayursha · Post by **mayursha** » Thu Sep 09, 2010 10:50 am

@anirban_paul - Kunal just explained that in the earlier posts

let me know if you have more questions

@Kunal - i think you got it wrong... I have already appealed and got it overturned.

anirban_paul · Post by **anirban_paul** » Thu Sep 09, 2010 12:11 pm

kunal parikh wrote:Hi Mayursha,

I have got the rejection on the same reason. My wife's visa rejected on the subsitence relationship as we did not provide any photos because VFS people told us that its optional...

However, we have appealed the decision on 27 july 10 and they overreturned the decision on 27 Aug only...we have not sent the passport for the stamping now..i know its really frustrating...i will suggest you to go for appeal...its a matter of Rs 50,000

the documents we submitted.

1) we have certified the marriage certificate by govement of gujarat as they doubt about susbtience realationship
2) provided engagement/wedding/ reception PHOTOS
3) Itemised calling card bills
4) history of calls from yahoo messenger and skype

We drafted big covering letter explaining the situtation...i think you should be fine as I also did not change the wife's surname or address in the passport...

Just have to be patient

All the best..

Kunal

Hi Kunal

Could you please explain what you mean by 'itemised' calling card bills?

I buy callingcards online from spammer.com to call my gf (whom i am getting married in couple of months) and other people in india.

so record of all my calling card purchase list (from eurocallincard website) is itemised?

i am a bit confused here because I dont use ym/sype to call or chat...i only use callng card to call from my mobile and my number also does not appear in Her mobile...something like +445677 (maybe calling card number) shows whenever I call!

Any suggestion on this from anyone is appreciated

kunal parikh · Post by **kunal parikh** » Thu Sep 16, 2010 10:05 pm

Hi...

sorry i did not see your post again...You can call the company on the helpline number and ask them to give you itemised calls..the number you have called...you can always get that from the customer service number

you can also sent your mobile bills which will show the messages that you sent it to your wife...even my wife has deleted skype history calls...so i sent my history calls list as she had deleted that...
try and also put some more pictures...it does not have to be of marriage...you only need to show subsitence realtionship...show all the pictures..you can also show eveidences that you have sent it to her...birthday gift invoice etc...

let me know if you have any other questions...

Kunal

anirban_paul · Post by **anirban_paul** » Tue Sep 21, 2010 3:07 pm

kunal parikh wrote:Hi...

sorry i did not see your post again...You can call the company on the helpline number and ask them to give you itemised calls..the number you have called...you can always get that from the customer service number

you can also sent your mobile bills which will show the messages that you sent it to your wife...even my wife has deleted skype history calls...so i sent my history calls list as she had deleted that...
try and also put some more pictures...it does not have to be of marriage...you only need to show subsitence realtionship...show all the pictures..you can also show eveidences that you have sent it to her...birthday gift invoice etc...

let me know if you have any other questions...

Kunal

Thanks Kunal

One more thing. Regarding marriage certificate. Is only the original marriage certificate enough (i meant enough for ''marriage certificate'' part) OR do I have to ''Legalise'' it again i.e notarised/authenticated from home ministry of the state/Ministry of external affaris Delhi etc.

If so, what is the procedure for that?

Regards

kunal parikh · Post by **kunal parikh** » Sun Sep 26, 2010 10:36 am

Hi

Sorry didnt see your post again...I got the rejection simply because I have only submitted my marriage certificate for the relationship proof...Didnt submitted any wedding pics as VFS people told us its optional..

Thts why we have certified or verified it by government of gujarat...I dont see there is any requirement to verify it through external affairs in delhi as that will take around a month...thiis is not specified in the requirement of UK dependant visa...I have checked this with the agent who sent these applications for the certification to delhi...it is only required for CANADA if you put ur file for PR

What you could do is just take certification through your local governement on the back of ur marriage certificate...This is what I have done and got the visa on that basis only. I have only put notarised copy for simply two reasons:

1) they have clearly mentioned not to submit any original in appeals. Howver, we can submit as they send all the original documents back which they have confirmed over the phone

2) if they take too much time in appeal then I still have option to do fresh application with all the original document.

I am still waiting for the stamping. I understand how it feels. but you will get everything sorted in 2 months. you will get the reply within 1 month and they will overreturn the decision.

Hope this helps.

allgo · Post by **allgo** » Sun Jan 23, 2011 11:40 am

Hi Kunal and Mayursha
I am going to appeal against my wife's visa refusal for reasons mentioned in
http://immigrationboards.com/viewtopic.php?t=70124

I am now submitting letter from bank as well stating that for that date range I had had a minimum balance as well, as an additional maintenance proof.

However can you kindly guide me with the following
1) How long does it take for BHC to send back an acknowledgement - if at all they do?

2) How did they inform you that the refusal has been overturned? Post/phone?

3) How did you finally get the passport stamped and how long did that take?

In case you are not reading this can a moderator help me with these answers as well please.
Thanks in advance

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Dependent Refused - Mumbai South - 1st July 2010

Dependent Refused - Mumbai South - 1st July 2010