Hello All,
Need help with the Appeal documents from the experts here, if you could.
Got rejected yesterday for UK Tier 4 Student Dependent Visa.
Background: Got married in Nov'09, since then living together. Husband is already in UK from past 20 days.
I have copied the actual decision notice in the bottom.
The Marriage certificate submitted is form 3 under Marriage Act 2006, Prepared by State Registrar office.
I agree that i did not provide evidence to prove subsisting marriage.
Please help with the appeal bundle. Any Suggestions/Guidance is appreciated. Thanks in advance!
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The Decision
You have applied to join a man in the UK you claim is your husband. In support of your application you have provided a copy of a marriage certificate which states that you were married on 21/11/2009 in a ceremony in India. This document has been attested by a registrar. Whilst I accept that a registrar would not risk his professional position and/or possible prosecution by deliberately attesting to false documents it remains unclear to what aspect of the document the notary is attesting. Given that your marriage was registered on 13/01/2010, nearly 2 months after the date of your marriage ceremony it is unclear whether the registrar is attesting that the contents of the documents are as reflected in government records or whether the ceremony took place as claimed. It is also unclear what checks, if any, the registrar has undertaken to assert that this document is true, other than relying on submissions made by you. As such I consider this marriage certificate to be self serving and I attach little evidential weight to it.
You have provided no evidence that you and your sponsor lived together as husband and wife since the date of your marriage ceremony nor have you provided any evidence that your relationship has continued since your sponsor left for the UK. It is reasonable to assume that some evidence of contact such as letters, phone or email records would be available for a genuinely married couple. I acknowledge that you have submitted photographs of your wedding but they do not show that the marriage is subsisting. The absence of evidence regarding your claimed relationship since the date of your marriage and the fact you have been unable to supply a verifiable marriage certificate leads me to conclude that this evidence has been submitted solely for the purpose securing your entry to the UK. Consequently I am not satisfied that this relationship is subsisting or that you intend to live together in the UK, as required by paragraph 319C (d) and (e) of the Immigration Rules.
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.
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