Marriage Settlement Visa declined

[Aliyah786]

Hi all,

I am really stuck and confused.

My husband was illegally in the UK and went back to India voluntarily in 2011. We got married in January and his visa has gotten refused.

I have no idea what to expect next. We love each other lots. I know i have to appeal against their decision which was based on three main points including them not believing our relationship is genuine and the employment concerns due to the current economic climate.

Has anyone gone through the appeal system? if so how long do i have to wait and what happens? I have spoken to a solicitor and I just want a realistic aim of how long i could wait for a hearing.

I will try and keep my chin up but i will remain realistic to ensure i can answer all their points clearly.

All help is welcome.

[noclue]

hey solisitors dont really give and time limits at all,, but your in the same situation as me, my husband was illigal but we did get married in the uk first before hand, his time line was this:

applied for visa : August 2011
Visa rejected: November 2011
sent appeal: November 2011
Recieved letter : December 2011 saying that we will hear when from then after the 31st March 2012.
Recieved another letter with court date: Febuary 2012
Sent compleat appeal bundle: 31st March 2012
Court date : 11th April 2012


But there is a chance the UKBA can grant a visa before the court date as you see when you send the bundle you send it to ukba and the tribunual people so there is a chance of recieving a letter before the court date with the visa granted, or if you go to court and they dont show up then the court rules in your favour.

after the court date you should recieve a decision in about 2 weeks. if the visa is granted then the ukba can have a change to appeal that, if they dont then hurray!!! but if its rejected then i think it goes to upper tribunual.

I havent got a solicitor and doing this appeal by myself with family support, we were refused because of me (sponsor) not having a job, him being illigal and his english.

it is quicker to do a fresh application but its obviously more expencive.... so its up to you!
Good luck x

[batleykhan]

Aliyah,

what is the exact wording of the refusal?

Can you refute the reasons given for refusal?

On average appeal will take up to 6 months.

You have 28days from receipt of refusal to get appeal in,otherwise it will have to be a fresh application

NoClue

On what basis are you appealing against a refusal of your hubby on teh ground of his English?

[noclue]

he has done it 3 more times with tofel so when we applied the scores were 13 and 19 now they have dropped the scores to 5 and 9.... sooo there must be a reason for dropping them his highest score on TOEFL was 12 and 17.... also he did the IELTS test but was half mark missing on the listening which im upset about but there is nothing else we can do as the appeal is so soon... hmm fingers crossed

[pennylessinindia]

he has done it 3 more times with tofel so when we applied the scores were 13 and 19 now they have dropped the scores to 5 and 9.... sooo there must be a reason for dropping them his highest score on TOEFL was 12 and 17.... also he did the IELTS test but was half mark missing on the listening which im upset about but there is nothing else we can do as the appeal is so soon... hmm fingers crossed

If he did not have the correct level at the time of application then appealing will not make any sense.

[Aliyah786]

Hi.

His english levels are fine.

The reasons for refusal was that they dont beleive our relationship is genuine, he doesn't have a guaranteed job in the UK in the current economic climate (despite the fact that he is in India!!) and finally i need to show i can save more every month.

It is really fustrating. Thank you for your reply about timescales... it gives me some hope!

[noclue]

ill let you know what happens next but thats the general time scale i have been reading on other sites etc... takes ages and one hope it that when you get a letter to tell you when there acctually gonna contact you about the court date most of them time you get it a month before hand... fingers crossed for you. if your getting a lawyer then iit will make it easier for you it can get a bit confusing and if you have support i have found that helps too

about the job in the uk... it is kind of hard getting one before hand if he was illigal so thats understandable... but what about friends of family do they know anyone who could help to get them to write a job offer that can be genuine? im not sure about the relationship as you should of in the application supplied as many photos calling records emails etc from before... I think with the savings isnt it that you need at lease £1000 saved? and get an up to date statement?

hope you get it sorted soon tho as its hard there is a time limit.. good luck

[noclue]

he has done it 3 more times with tofel so when we applied the scores were 13 and 19 now they have dropped the scores to 5 and 9.... sooo there must be a reason for dropping them his highest score on TOEFL was 12 and 17.... also he did the IELTS test but was half mark missing on the listening which im upset about but there is nothing else we can do as the appeal is so soon... hmm fingers crossed

If he did not have the correct level at the time of application then appealing will not make any sense.

thanks for the vote of confidence but like i said there is nothing else we can do now till after the appeal. so unless you have something to help me with then that would help.......

[syma]

Hi.

His english levels are fine.

The reasons for refusal was that they dont beleive our relationship is genuine, he doesn't have a guaranteed job in the UK in the current economic climate (despite the fact that he is in India!!) and finally i need to show i can save more every month.

It is really fustrating. Thank you for your reply about timescales... it gives me some hope!

Hi Aliya

in your refusal letter they must have stated a rule they refused you under i.e 281v etc??

[pennylessinindia]

he has done it 3 more times with tofel so when we applied the scores were 13 and 19 now they have dropped the scores to 5 and 9.... sooo there must be a reason for dropping them his highest score on TOEFL was 12 and 17.... also he did the IELTS test but was half mark missing on the listening which im upset about but there is nothing else we can do as the appeal is so soon... hmm fingers crossed

If he did not have the correct level at the time of application then appealing will not make any sense.

thanks for the vote of confidence but like i said there is nothing else we can do now till after the appeal. so unless you have something to help me with then that would help.......

I was only stating a fact . It can be quicker to reapply if he now meets the requirement . If he did not meet it at the time then an appeal is not the correct approach and will be a waste of time . If he did meet it but the ECO made an error then worth appalling .

[noclue]

he has done it 3 more times with tofel so when we applied the scores were 13 and 19 now they have dropped the scores to 5 and 9.... sooo there must be a reason for dropping them his highest score on TOEFL was 12 and 17.... also he did the IELTS test but was half mark missing on the listening which im upset about but there is nothing else we can do as the appeal is so soon... hmm fingers crossed

If he did not have the correct level at the time of application then appealing will not make any sense.

thanks for the vote of confidence but like i said there is nothing else we can do now till after the appeal. so unless you have something to help me with then that would help.......

I was only stating a fact . It can be quicker to reapply if he now meets the requirement . If he did not meet it at the time then an appeal is not the correct approach and will be a waste of time . If he did meet it but the ECO made an error then worth appalling .

well for him to do another test it takes a few months to get booked in thats how busy they get, so we applied for the appeal in november but booked the next avaliable test which was march... and our appeal is april so thought we would give it a go, i know to re apply it quicker but does everyone have that kind of money to give each time? i think they made a mistake as the have now lowered the test results, so there is a reason for that right? and that what i want to know about and arguee with the UKBA of how annoying they are... anyways ill seek next week how it goes.