Tier 2 Dependant Visa refused Pls Help

[JS28]

Hi Vinny,

The only subparagraph I could this of is 319c (iii) which you said shoul not apply to me, the rest does not apply to me at all. It says:
(iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.

Shall I mention this in the covering letter? I know you have sent me the link but it doesnt state what can i provide instead if we do not have correspondence on same address. Can you kindly advice?

We do not have any mortgage, bills or anything on same address because I have been living in the UK. All we have is a joint bank account which we opened in 2011 and western union receipts.

Thank you vinny

[vinny]

Shall I mention this in the covering letter? I know you have sent me the link but it doesnt state what can i provide instead if we do not have correspondence on same address. Can you kindly advice?

We do not have any mortgage, bills or anything on same address because I have been living in the UK. All we have is a joint bank account which we opened in 2011 and western union receipts.

Yes. Mention in the covering letter that the refusal was not in accordance with the Immigration rules because 319C(c) is not applicable for married or civil partnership couples. Correspondence to the same address are also not expected prior to the marriage or civil partnership.

[JS28]

Shall I mention this in the covering letter? I know you have sent me the link but it doesnt state what can i provide instead if we do not have correspondence on same address. Can you kindly advice?

We do not have any mortgage, bills or anything on same address because I have been living in the UK. All we have is a joint bank account which we opened in 2011 and western union receipts.

Yes. Mention in the covering letter that the refusal was not in accordance with the Immigration rules because 319C(c) is not applicable for married or civil partnership couples. Correspondence to the same address are also not expected prior to the marriage or civil partnership.

Once, I have drafted the letter, can I please show you just in case?

Some people said go for the person appeal but take a solicitor? Would you recommend paying fee to a solicitor in my case? Also how much roughly do they cost if you know?

Thanks

[vinny]

I'm not sure if the sponsor can also be the appellant's representative too.

Does it mean that I would need a solicitor for it?

Optional, but probably recommended.

If you are lucky, an ECM may overturn the refusal prior to the appeal.

[JS28]

I'm not sure if the sponsor can also be the appellant's representative too.

Does it mean that I would need a solicitor for it?

Optional, but probably recommended.

If you are lucky, an ECM may overturn the refusal prior to the appeal.

Hi Vinny,

I looked the solicitors and they charge a bomb Is there any way? I mean whats the possibility of getting is right if I apply in person by myself? or shall I send it in the post? I am so confused

[vinny]

If you want to appeal, then do so within the time-limit. If necessary, shop for an adviser.

[JS28]

If you want to appeal, then do so within the time-limit. If necessary, shop for an adviser.

HI Vinny,

Do we have to get our chats transcripted? there's alot of them

Will it be accepted if we do not get it translated?

Also what evidence of cohabitation can we submit? Can you please just give me some examples as the link you have sent me is not very clear and does not apply to us.

Thanks

[JS28]

In my Covering letter can I explain that:

1.) I have not lived in the Philippines for the last 6 and half years.
2.) Do not have a property or bills on my name due to above.
3.) Partner lives with her parents because being an asian my family did not accept our relationship and her parents were not open about the relationship at that time thats why we do not have correspondence to the same address.
4.) That the only thing we have is a joint account on our names because we were saving for our future.

Can you please help me if this is okay so that I can draft the letter.

Thank you

[JS28]

In my Covering letter can I explain that:

1.) I have not lived in the Philippines for the last 6 and half years.
2.) Do not have a property or bills on my name due to above.
3.) Partner lives with her parents because being an asian my family did not accept our relationship and her parents were not open about the relationship at that time thats why we do not have correspondence to the same address.
4.) That the only thing we have is a joint account on our names because we were saving for our future.

Can you please help me if this is okay so that I can draft the letter.

Thank you

[JS28]

If you want to appeal, then do so within the time-limit. If necessary, shop for an adviser.

HI Vinny,

Do we have to get our chats transcripted? there's alot of them

Will it be accepted if we do not get it translated?

Also what evidence of cohabitation can we submit? Can you please just give me some examples as the link you have sent me is not very clear and does not apply to us.

Thanks

Hi Vinny,

In the appeal online form it is asking:
-Let us know the reasons you disagree with the decision on the Notice of Decision document.
-Include any information that has not been mentioned in the Notice of Decision and say whether you have raised these issues before.
-Give as much detail as possible, as you may not be allowed to mention any further grounds at a later date.

This is what I was going to Include:

I WAS REFUSED UNDER PARAGRAPH 319C OF HC395 OF UNITED KINGDOM IMMIGRATION RULES. THE ECO MENTIONED IN THE NOTICE OF DECISION THAT ME AND MY PARTNER HAS ONLY SPENT 49 DAYS AFTER THE CIVIL PARTNERSHIP AND THAT THERE IS NO EVIDENCE PROVIDED TO DEMONSTRATE THAT WE HAVE BEEN LIVING TOGETHER IN A RELATIONSHIP SIMILAR TO MARRIAGE OR CIVIL PARTNERSHIP FOR A PERIOD OF AT LEAST 2 YEARS.

319C (c)(iii) STATES An applicant who is the unmarried or same-sex partner of a Relevant Points Based System Migrant must also meet the following requirements: (iii) the applicant and the Relevant Points Based System Migrant must have been living together in a relationship similar to marriage or civil partnership for a period of at least 2 years.

THE ABOVE PARAGRAPH IS NOT APPLICABLE TO ME SINCE WE HAVE ENTERED A CIVIL PARTNERSHIP IN THE UK LAST FEBRUARY 9 2013 AND THE ONLY REASON WHY WE DID NOT SEND EVIDENCE OF BEING TOGETHER IN A GENUINE RELATIONSHIP WITH MY PARTNER FOR 3 YEARS AND 4 MONTHS IS BECAUSE WE HAVE SUBMITTED THESE EVIDENCES WHEN WE APPLIED FOR THE CIVIL PARTNERSHIP VISIT VISA WHICH MY PARTNER ENCLOSED IN HER COVERING LETTER.

THE EVIDENCES SUBMITTED DURING THE APPLICATION FOR TIER 2 DEPENDANT VISA WAS TO MEET 319C

(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.

Can you please advice on what else to put? I mean should I give reasons why I cannot provide proof of cohabitation?

I hope to hear from you soon as a matter of urgency

Thank you

[vinny]

I think that you have correctly stated that the 2-year living together prior to the marriage or civil partnership is not a requirement.

However, there is also

MY PARTNER HAS ONLY SPENT 49 DAYS AFTER THE CIVIL PARTNERSHIP

This may relate to their questioning the subsisting marriage or civil partnership and intention to live with the other as their spouse or civil partner, unmarried or same-gender partner throughout the applicants stay in the UK.

Read up the related links on these to see what sort of evidence you should provide for the appeal.

Are you and your partner of the same gender?

[JS28]

I think that you have correctly stated that the 2-year living together prior to the marriage or civil partnership is not a requirement.

However, there is also

MY PARTNER HAS ONLY SPENT 49 DAYS AFTER THE CIVIL PARTNERSHIP

This may relate to their questioning the subsisting marriage or civil partnership and intention to live with the other as their spouse or civil partner, unmarried or same-gender partner throughout the applicants stay in the UK.

Read up the related links on these to see what sort of evidence you should provide for the appeal.

Are you and your partner of the same gender?

To support my application, I have moved in to a flat to accommodate my partner and I can prove that we have been planning how to decorate our flat etc. and will ask a landlord for a letter as well.

Yes, me and my partner are of the same sex.

Should I mention how we met and how long have we known each other in the question i mentioned above?

Thanks

[vinny]

Yes. I don't think that there is any harm in mentioning how you met and how long have you have known each other, etc.

[JS28]

Yes. I don't think that there is any harm in mentioning how you met and how long have you have known each other, etc.

Can I also mention how I feel about being apart and that this will not be healthy for either of us and I hat I cannot leave the U.K. until my visa runs out due to work commitments?

I cannot think of any evidence apart from the tenancy agreement, letter from landlord, letter from family and friends, messages to one another, pictures of our flat etc. I will also send all our communications for 3 years, pictures, western union receipts, bank statement joint acct etc.

Can you please suggest what other documents I can have to show that we are committed to stay together as it is not mentioned in the links.

[JS28]

Yes. I don't think that there is any harm in mentioning how you met and how long have you have known each other, etc.

Hi Vinny,

I rang the tribunal today and they said that if the information would help the application then I should get it translated.

The UK tribunal has asked for a tranlation of all our skype and email communication.

Where can I get this translated? Please help I have no idea :'(

[vinny]

I would have less ideas than you because I don't even know what the language is. Perhaps you should ask your Embassy in the UK or the British Embassy in your country.

[JS28]

Hi Vinny,

In the appeal online form it is asking:
-Let us know the reasons you disagree with the decision on the Notice of Decision document.
-Include any information that has not been mentioned in the Notice of Decision and say whether you have raised these issues before.
-Give as much detail as possible, as you may not be allowed to mention any further grounds at a later date.

Can you please help what to write in this box? I spoke to someone from the LGBT and she kind of scared me by saying I will be risking it without a solicitor.

CAn you please help me with what to put in this box?

Thanks

[vinny]

The grounds for the appeal is that the refusal was not in accordance with the Immigration rules. They failed to mention under which sub-paragraphs of 319C the refusal was based on. They appeared to have based the refusal on a non-applicable rule 319C(c).

If in doubt, then you should take legal advice.

[JS28]

The grounds for the appeal is that the refusal was not in accordance with the Immigration rules. They failed to mention under which sub-paragraphs of 319C the refusal was based on. They appeared to have based the refusal on a non-applicable rule 319C(c).

If in doubt, then you should take legal advice.

I Have assessed the application on 319c and the only thing I could think of is 319C (d) and (e) which is proof of subsisting relationship and intention to live together.

Can I still send new evidence for the appeal?

[vinny]

Yes.

[JS28]

Yes.

Can you please help me draft what to put in the box where it's asking what grounds I think the refusal is wrong? I dont know what strong words to put.

Have many people appealed by themselves?

Thanks

[JS28]

The grounds for the appeal is that the refusal was not in accordance with the Immigration rules. They failed to mention under which sub-paragraphs of 319C the refusal was based on. They appeared to have based the refusal on a non-applicable rule 319C(c).

If in doubt, then you should take legal advice.

Hi Vinny,

Sorry to keep on messaging you. In the form it is asking if the refusal was a points based decision. What do I tick? yes or no?

Thanks

[vinny]

No.

[JS28]

No.

Okay. Thank you.

I have another question. I was reading on appeals and it says that documents must be on single-sided paper but I have printed it on double sided coz there were a lot of skype messages and Facebook and I spiral bind it. Is this okay?

http://www.ukba.homeoffice.gov.uk/polic ... /apl/apl1/

[vinny]

Don't know.