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UK Dependent Visa Appeal help

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

vinny
Moderator
Posts: 33336
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Mon Feb 06, 2012 10:39 am

david1955 wrote:my fiance has lost the letter of refusal for her tier 2 depedent visa
Did they refuse because a fiance cannot apply as a Tier 2 dependant, unless as an unmarried and same-sex partners (cohabited, in a relationship akin to marriage for at least 2 years)?
Last edited by vinny on Mon Feb 06, 2012 10:43 am, edited 1 time in total.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

david1955
- thin ice -
Posts: 400
Joined: Mon Jul 20, 2009 11:37 am
United Kingdom

Post by david1955 » Mon Feb 06, 2012 10:43 am

vinny wrote:
david1955 wrote:my fiance has lost the letter of refusal for her tier 2 depedent visa
Did they refuse because a fiance cannot apply as a Tier 2 dependant, unless as an unmarried or same gender partner (cohabited, in a relationship akin to marriage for at least 2 years)?
No they refused coz we provide only the marriage certificate and we didnt provide a proof of the subsisting relation before and after marriage....and sorry she is not my fiance anymore...she is my wife

david1955
- thin ice -
Posts: 400
Joined: Mon Jul 20, 2009 11:37 am
United Kingdom

Post by david1955 » Mon Feb 06, 2012 6:31 pm

vinny wrote:
david1955 wrote:my fiance has lost the letter of refusal for her tier 2 depedent visa
Did they refuse because a fiance cannot apply as a Tier 2 dependant, unless as an unmarried and same-gender partners (cohabited, in a relationship akin to marriage for at least 2 years)?
Hi I hope someone can guide me on this. Fortunately my wife has found the refusal letter. Her depedent visa application was refused on the basis of subsisting marriage , immigration law 319C (d)(e). I am about to lodge an appeal online on the justice website.

The following documents i am attaching with the appeal

(1) Photocopy of marriage registration certificate (i have already provided that before)
(2) wedding invitation cards
(3) wedding photographs
(4) pre marriage photographs
(5) call logs
(6) email print outs
(7) my flight tickets to india to prove my visit

I would really appreciate if someone can give me a quick reply on the following question

(1) Should i go for oral hearing or paper hearing? As i believe the documentation i am providing are sufficient to overturn the entry clearance officer decision ?
(2) Are this documents sufficient ?

A quick response will be highly appreciated

david1955
- thin ice -
Posts: 400
Joined: Mon Jul 20, 2009 11:37 am
United Kingdom

Post by david1955 » Mon Feb 06, 2012 8:12 pm

Hi I hope someone can guide me on this. Fortunately my wife has found the refusal letter. Her depedent visa application was refused on the basis of subsisting marriage , immigration law 319C (d)(e). I am about to lodge an appeal online on the justice website.

The following documents i am attaching with the appeal

(1) Photocopy of marriage registration certificate (i have already provided that before)
(2) wedding invitation cards
(3) wedding photographs
(4) pre marriage photographs
(5) call logs
(6) email print outs
(7) my flight tickets to india to prove my visit

I would really appreciate if someone can give me a quick reply on the following question

(1) Should i go for oral hearing or paper hearing? As i believe the documentation i am providing are sufficient to overturn the entry clearance officer decision ?
(2) Are this documents sufficient ?

A quick response will be highly appreciated


Anyone on this please?

Pearl_25
Newly Registered
Posts: 12
Joined: Mon Jan 30, 2012 2:34 pm

Post by Pearl_25 » Mon Feb 06, 2012 11:58 pm

Hi David

Very sorry to hear this.
I understand from all the forums I have read that oral hearing is the best. But either way(paper or oral) you can appeal with all the supporting documents in place so they can overturn their decision.

Regards
Pearl

vinny
Moderator
Posts: 33336
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Tue Feb 07, 2012 2:47 am

319C wrote:(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

david1955
- thin ice -
Posts: 400
Joined: Mon Jul 20, 2009 11:37 am
United Kingdom

Post by david1955 » Tue Feb 07, 2012 8:45 am

vinny wrote:
319C wrote:(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made.
(e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-gender partner throughout the applicants stay in the UK.
Hi can anyone please tell me , how many sets of photocopy of documents do i will have to send with the appeal?

Pearl_25
Newly Registered
Posts: 12
Joined: Mon Jan 30, 2012 2:34 pm

Post by Pearl_25 » Tue Feb 07, 2012 6:50 pm

Hi David

One copy should be enough but send two copies if in doubt. That shouldn't be an issue.

Regards
Pearl

david1955
- thin ice -
Posts: 400
Joined: Mon Jul 20, 2009 11:37 am
United Kingdom

Post by david1955 » Tue Feb 07, 2012 7:46 pm

Pearl_25 wrote:Hi David

One copy should be enough but send two copies if in doubt. That shouldn't be an issue.

Regards
Pearl
thanks everyone for there help till now

david1955
- thin ice -
Posts: 400
Joined: Mon Jul 20, 2009 11:37 am
United Kingdom

Post by david1955 » Fri Feb 24, 2012 1:19 pm

Pearl_25 wrote:Hi David

One copy should be enough but send two copies if in doubt. That shouldn't be an issue.

Regards
Pearl
Hi pearl,
did u get any reply about your appeal yet or not?
Regards

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