Tier 1 dependent visa refused and under appeal process

[atul9483]

My wife tier 1 dependent visa refused from india (mumbai) with following grounds - marriage is not subsiting , may not intended to stay with spouse , may extend period of stay .
now we did appeal against last month . but as currently tribunal services delay due to high volume of appeal cases .
further to current scenario my immigration lawyer Feel that may be this process will take more than 10- 12 months so he suggested to apply for general visitor visa for my wife . He suggested to disclose all appeal bundle in same file along with visitor visa requirements . His opinion for doing this -
1) He feels visa may get granted if we can convince ECO about appeal
2) If again rejected still this will be one of the proof for appeal hearing that as genuine couple tried fresh application for quick reply from UKBA and want to be together .

can someone give me opinion on this topic ?
should i apply for visitor visa while waiting for appeal decision pending ?

[vinny]

may extend period of stay .

That's an absurd ground for refusing a dependant visa. However, it may apply to a visitor visa.

See also subsisting marriage.

[atul9483]

may extend period of stay .

That's an absurd ground for refusing a dependant visa. However, it may apply to a visitor visa.

See also subsisting marriage.

But if appeal is under process ,will ukba accept new application as general visitor visa category ?
or
do i need to withdraw appeal case before new application ?

[atul9483]

will they consider general visitor visa ?
or i have to apply family visitor visa ?

please need expert opinion .

[vinny]

No need to withdraw appeal in order to make a new (general visitor) application. However, they may refuse on the same ground.

[shilpijsda]

Has ur wife been to uk before..I mean to study or anything..I have read lot of refusals when people apply for dependant and then visitor if they have already been inuk as the ECO says that u dont need to visit a country which u have already been...So please clarify with ur lawyer ..all the best

[atul9483]

yes she was student before .
Now we applied visitor on basis to celebrate first marriage anniversary , festival like diwali , navratri , both birthdays and uk main festival christmas during next four months .
As appeal is in process and may take longer time we want to be together for these events .
i hope ECO consider this .

[atul9483]

very upseting moment ---- visitor visa rejected because previously applied as dependent visa so ECO feels may extend stay beyond 6 months .

now pending appeal notice recived from tribunal -
instructed ukba to reply till 6 nov 2013 to tribunal with bundle .

i am confused what does this means -
1)is our application will be consider by ECO again and he will reply to tribunal ?
2) just tribunal require documents from ukba and case will reviewed at tribunal judge ?

we waiting since last 8 months dont know how much time to wait more for result

[vinny]

1) Yes.
2) Submitting copies of additional evidence is possible.

[ravideep29]

Did you get any update on decision made by ECO on your appeal