spouse visa plzzzzzzzzzzz help

[maddi]

I applied for my spouse visa second time and it has been refused.I been rejected on the basis of my previous visa history in which I overstayed when I was in England. Me and my wife considered living in India but the circumstances of my wife being pregnant and my mother in law being very ill as she has advanced breast cancer which spread to lungs,liver,soft tissue and brain it is not plausible for my wife to be here in India. Also there are a lot of diseases like malaria,dengue,chicken Guinea etc. prevailing in the city spreed by mosquito's and they can be life threatening for both my wife and our unborn child.

ECO said in her refusal notice that she has taken into consideration the previous refusal of spouse visa. I read on the British High Commission website that each application will be treated individually i.e not based on the previous refusal.On the bottom of the page1 it says "this decision will not prejudice any future visa application that you make" when on the top of the same page it states the evidence that entry Clarence officer has taken into account.
1. your completed application form
2. your passport and documents you provided
3. your previous application
How come these statements are contradictory on the same page?

ECO also said I do not qualify for spouse visa under UK Immigration Rules when I do qualify. I have checked in UK visas website.

According to UK visas :

1.you are legally married to each other or are in a civil partnership recognized in the UK.

Me and my wife legally married to each other in St.Georges Church,India
And we also have no objection letter from St.Anne's Church, Worksop, England which is my wife's church.

2.your husband, wife or civil partner is present and settled in the UK.

Lorraine my wife is settled in U.K in fact she born and bought up in England. My wife's family fought for the country for centuries.

3.you both intend to live together permanently as husband and wife or as civil partners.

Me and my wife intend to live permanently as husband and wife.We got married in a church and in front of all friends and family.We also got no objection from my wife's church.I even found a job as Accounts Manager and work place is not far were we intend to live.We having a baby boy in may 2007.I can prove all this.And my mother in law was also with us in marriage.

4.The marriage is subsisting.

Marriage is subsisting.We have submitted all the documents to prove that the marriage is subsisting.Documents consists of emails,yahoo chat log,telephone bill and logs.

5.There will be adequate accommodation for you and your spouse without recourse to public funds in accommodation which you and your spouse own or occupy exclusively.

Me my wife intend to live in my mother in law's house till we find our own place.And my mother in law was very happy that we going to stay with her as she is ill and we can look after her.My mother in law owns the house and the house documents were submitted to prove the house is more than enough for 3 people.My mother in law has also gave the sponsorship letter as she going to sponsor us in all aspects till we settle down.

6.You and your spouse will be able to maintain yourselves adequately without recourse to public funds.

My mother in law is supporting me and my wife till we financially settle down and she gave sponsor letter which has been provided to L Siu.I have a job offer as Accounts Manager and the offer letter has been provided to ECO.

According the above Immigration Rules and the supporting documents I do qualify for spouse visa.

In addition to the Immigration Rules ECO has taken into consideration the grounds of refusal.

1.Your character/conduct/associations are desirable for the purpose of issuing entry Clarence.

I never been to jail.I never hurt any one.I have no contacts with any criminal organizations.I in fact never abused anyone in person.I accepted responsibility for overstaying the visa and am truly sorry for this.Can I ask what specifically is it about your character?

2.You have observed the time limit and/or conditions attached to previous grant of leave to enter or remain in the United Kingdom.

Yes I agree that I made a mistake of overstaying.I am sorry for what I done.My life got messed up since I got "Heart attack". I admit I made a mistake which I am truly sorry for.I was so depressed because of my heart attack I thought I wont be secured if i go back to India I also thought that my life like an individual will be damaged by the unnecessary involvement of parents,relatives and friends in my personal life.If I was in India I probably would have not had a chance of choosing my life partner.My parents would have decided who I have to marry.No one respect as individual and I don't like.

And my spouse visa is only based on only one reason which is my overstay when there are other reasons which the Eco's have to consider.When I mentioned about my heart attack I do not know why that the ECO did not mention about that in my refusal notice given to me in first spouse visa application.

ECO have said that she not satisfied, on the balance of probabilities, that I have given the true reason for my entry Clarence application at this time I have sought entry Clarence as a spouse of a person present and settle in the UK as a means of securing entry to the UK for some other purpose.
If this is considered on the balance of probabilities and ECO is stating I am not applying for entry Clarence to be with my wife and child then what is this "other purpose" that I am being accused of trying to enter the UK for?


I dont understand is this beloved or the eco's just behave the same way with everyone.

[ridewithme]

sorry for such a delayed post......as i have just become a member on here..........just needed to know how did u get on with your situation......i mean did they grant you the spouse visa or not

[sweetmissy]

Where did you apply for the first spouse visa?

I understand you say it was refused for overstay... Under which rule?

This will be helpful