Visa rejected. Appeal or reapply?

[ibzo]

Hello

My wifes spouse visa was rejected due to the eco not believing our marriage is genuine and that we plan to live together permanently. He/she listed the following reasons:

she lives in iraq but we got married in jordan when hardly any of her family are present (reason for such is that we want to hold a big wedding in london when she comes, and that she cannot apply from iraq, just jordan. and I stated this in my supporting letter)

I left the country the day after the marriage (same reason as above)

I provided a bill contact to her iraqi number but whats the proof it belongs to her? (how do I prove.this?)

The pics I sent just show us when signing the marriage contract and sitting together alone afterwards (so what? We are together)

So should I appeal or reapply? How long does the appeal last? As it only took a week for them to reply when I applied so reapplying may be much quicker.
When I reapply do they have any details.of the previous application?
What do I do about the points they mentioned? Its true there was no "real" wedding in jordan but thats because I want the real one in london and jordan was just for documentation purposes

Your replies will.be greatly appreciated

[MelC]

when you say there was no "real wedding", do you actually mean that there was no wedding celebration, but that you are legally and validly married?

I am not up to speed on Iraq, sorry, so will take your word for it that she applied in Jordan as there is no consulate in iraq.

you don't have to prove that the number belongs to her, a recent court case dealt with this. ~ its the balance of probabilities.

as far as I am aware there is no law that says you cannot marry in a country of your choice, as long as your marriage is legally valid in that country, and that includes being free to marry, that the marriage isn't polygamous with another wife in the UK so you would be applying for 2 to be int he UK at the same time for example.

There is no law that says how many guests you can or should have at a wedding, if the law requires witnesses as long as they are present, there is no problem.

your leaving the following day has triggered suspicion it seems? maybe you were not in jordan long?

do you have nothing to show that you met before the marriage?

"so what" ~ only shows that you were both present at the marraige, it doesn't show that you met previously.

did you provide other evidence of your relationship PRIOR to marriage?

appealling will take much longer than re-applying, yes they will know that your wife has already been refused, and you must disclose this.

I am sorry but i have to disagree with you, the "real" wedding WAS the documentation, the celebrations are just that, and if your wife and your self put this forward in your supporting letters, I am not surprised that you were refused, on the grounds that you were.

i think perhaps you should re-evaluate how you view marriage, because either an appeal or antoehr application are going to fail if you view the "documentation" as unreal, and the party as "the " wedding.

good luck

[ibzo]

Thank you for your reply.
Yes we did have an official marriage contract. I didnt refer to the contract we did.in jordan as an unreal wedding. I said we want to do two celebrations, one in jordan and a bigger one in london, and I referd to the one in jordan as a wedding. So as far as I see it, nothing was wrong, just that I left quickly, but that doesnt mean our marriage is not genuine!
I did supply contact before marriage as a form of phone contact and skype contac too.
What should I do?

[ibzo]

Im very disappointed, no replies???
Also, is there a way to get in touch with the eco that refused the application?

[batleykhan]

Im very disappointed, no replies???
Also, is there a way to get in touch with the eco that refused the application?

It is difficult for one to give you advice without knowing full facts of your circumstances.In order to appeal, you have to prove beyond reasonable doubt that your marriage is indeed genuine.If you can then appeal within the 28days time limit you have after receiving the refusal notice. That way the ECO will look at the matter again to decide whether you have proved your point or not.

If you cant prove your points, then it advisable to reapply. However don't apply straight away, let a few months elapse, so you can show your relationship is genuine. During this time collate as much evidence of contact between each other before reapplying, otherwise you will probably be refused again and will have wasted another lot of money.

Read the link below my name, certain aspects may help you

[ibzo]

Is there such a thing that if you apply and get rejected again then you cannot apply again for a period of time?
To be honest, I cant stand waiting for their reply when I appeal as it may last long (if they replied within a week to the application, will that mean the appeal will also be very quick?). I was thinking of going jordan in 2 weeks, doing a party there and take pics with wedding costumes and family around us. Also show hotel booking reservation, and take pics together all over jordan, then reapply. But if she gets rejected and we cant apply again then thats a big issue, so is that the case?

[batleykhan]

You can both apply and make the appeal at the same time if you want.

No there is no waiting time for you to reapply again after last refusal, however the reason why i said to let a bit of time lapse, is so you could provide the necessary evidence to disprove the earlier refusal by the ECO.

It is no use applying again with same documents if you haven't proved the points on which you were refused, otherwise it could be a second successive refusal and more money down the drain

[ibzo]

Sorry, I meant is there a waiting time if you are refused twice?

I do plan to apply again but this time after having a celebration and taking much more photos.
Also, if they rejected on the basis of balance of probabilities and said that they dont believe the marriage is genuine, but didnt say anything else about other things, e.g
Accomodation, etc, does that mean everything else is fine and I only need to clarify the marriage issue?

[doc44]

Im very disappointed, no replies???
Also, is there a way to get in touch with the eco that refused the application?

It is difficult for one to give you advice without knowing full facts of your circumstances.In order to appeal, you have to prove beyond reasonable doubt that your marriage is indeed genuine.If you can then appeal within the 28days time limit you have after receiving the refusal notice. That way the ECO will look at the matter again to decide whether you have proved your point or not.

If you cant prove your points, then it advisable to reapply. However don't apply straight away, let a few months elapse, so you can show your relationship is genuine. During this time collate as much evidence of contact between each other before reapplying, otherwise you will probably be refused again and will have wasted another lot of money.

Read the link below my name, certain aspects may help you

Hi Mr. Khan,

I have a query if you could advice. Thanks.

My wife and daughter were having work permit dependant visa for the last 2.5 and 1.5 years and were living with me in UK. At the moment they are back home. My work permit has expired now and will be on tier 2 visa soon.

My question is: Do my dependant (wife and daughter) need to send all the proofs of the relationship again for entry clearance as a tier 2 dependant? OR marriage certificate and birth certificate will be enough?

Last time for work permit dependant visa, we provided

1)Marriage certificate
2) Photos of the marriage
3) Invitation letter (marriage cards)
4) Telephone bills
4) personal cards and emails

Does she need to send everything again? and what documents should be sent for my daughter's visa. She is born here in UK. Many thanks.

[batleykhan]

Sorry, I meant is there a waiting time if you are refused twice?

I do plan to apply again but this time after having a celebration and taking much more photos.
Also, if they rejected on the basis of balance of probabilities and said that they dont believe the marriage is genuine, but didnt say anything else about other things, e.g
Accomodation, etc, does that mean everything else is fine and I only need to clarify the marriage issue?

No you can apply straightaway after last refusal. There is no waiting or time period. Once you have got everything ready then apply.

If you intend to appeal however, there is a time limit for that which is 28 days from receipt of refusal notice.

[MelC]

Thank you for your reply.
Yes we did have an official marriage contract. I didnt refer to the contract we did.in jordan as an unreal wedding. I said we want to do two celebrations, one in jordan and a bigger one in london, and I referd to the one in jordan as a wedding. So as far as I see it, nothing was wrong, just that I left quickly, but that doesnt mean our marriage is not genuine!
I did supply contact before marriage as a form of phone contact and skype contac too.
What should I do?

No, leaving the country after your marriage doesn't mean the marriage is not genuine.

the ground for refusal was that the ECO felt that your marriage was not genuine and subsisting for the reason/s?

which you have said are that you married in jordan, but your wife is from iraq.

this would all you would need to clarify. I am not asking you to post the exact wording here, but whatever it is THAT is all you need to deal with in an appeal.

I am guessing that the application failed on credibility and intent, possibly also intervening devotion.

[doc44]

Hi all senior members,

Any information re: my question. Would appreciate. thanks.