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✎ EN Pregnant and husbands Spouse visa refused, please help

Discussion in 'Immigration UK' started by loozit, Nov 30, 2006.

  1. loozit

    loozit Member

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    I went to india and got married on the 15th November (traveled on 13th got there 14th and married on 15th) The primary reason for my husbands refusal is that the marriage is not subsisting even though we only been apart for 2 days and the reasons i had to leave india were that i am 3 1/2 months pregnant and had to have blood tests done with my midwife, i was advised to stay india would be hazardous to mine and the babies health as taking the anti malarial drugs long term is dangerous for the baby.
    The ECO has just made up reasons. I had a church wedding with almost 100 guests and a letter from the vicar at my church in the uk stating that he had no objections to the marriage etc.
    The wedding was in the paper, i have a proper wedding photo album and also a video. My mother gave me away as my father died last year.
    Both families were involved. How can they say its a sham???
    HERE IS THE REFUSAL NOTICE



    You have applied for entry clearance to the United Kingdom as the spouse of
    someone settled in the UK.
    However I am not satisfied, on the balance of probabilities, that your application meets the requirements of
    paragraphs 281/320, and in particular that
    • I am not satisfied that each of the parties intend to live permanently with each other as husband and wife
    or civil partners.
    • I am not satisfied that you have observed the time limit and/or conditions attached to a previous grant of
    leave to enter or remain in the United Kingdom and I am not prepared to exercise discretion in your favour.
    • In the light of your character/conduct/associations I consider it undesirable to issue you an entry clearance
    and I am not prepared to exercise discretion in your favour.
    BECAUSE
    You state that you met your wife on the internet whilst you were in the UK. You met on-line in February of this
    year and met each other personally in May. You decided to get married and returned to India on 14
    November 2006. You got married on 15 November 2006 and your wife returned back to UK almost
    immediately. You have been in the UK illegally since your visa expired on 31 October 2004. You applied to
    the Home Office for an extension but despite receiving a letter from the Home Office dated 18.12.04 stating
    that your application for an extension had been refused and that you no longer had any right to stay in the UK
    you deliberately overstayed. The letter clearly stated that you were liable to prosecution for an offence under
    the Immigration Act 1971, the penalty for which was a fine of up to £2500 and/or up to 6 months imprisonment.
    You told me that you ignored this letter and remained in the UK illegally until 14 November 2006 when you left
    to get married. When asked why you deliberately overstayed you stated that you did not care. You and your
    wife have not considered living in India because there are a lot of diseases and viruses in India and your wife
    is pregnant. I consider that you have used marriage as a means to remain in the UK. I am not therefore
    satisfied that each of the parties intend to live permanently with each other as husband and wife or civil
    partners.
    Because you remained in the UK illegally following the expiry of your student visa on 31 October 2004. I am
    not satisfied that you have observed the time limit and/or conditions attached to a previous grant of leave to
    enter or remain in the United Kingdom and I am not prepared to exercise discretion in your favour.
    You have been in the UK illegally for more than two years. Although you have shown evidence of studies in
    the UK you were not able to show me your own bank statements. You state that you only worked part time
    but I do not find this credible given that you had to earn money to support yourself. In any case any
    employment at all during the period you were in the UK without a visa was illegal. You have told me that you
    . did not care that you were illegal. In the light of this admission, the fact that you ignored an instruction from
    I ethnetryHocmleearaOnfcfieceatnodleIaavme tnhoet cporeupnatrryedantod eyxoeurrcicsheardaicstcerre/ctioonnduinct youI rcofanvsoiduerr. it undesirable to issue you an
    I have also taken account of the provisions of Article 8 of the Human Rights Act. I consider that refusing this
    application is justified and proportionate in the exercise of the immigration control. I note that refusing this
    application will not interfere with family life, for the purposes of Article 8 (1), which you can enjoy in India.
    I therefore refuse your application.

    Anyone have any advice please?
     
  2. habiba1123

    habiba1123 Member

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    Make a fresh application.. your fiance needs to admit all his mistakes and be truthful.. get your solicitor to make one for you
     
  3. loozit

    loozit Member

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    He admitted about the overstay and explained why, The woman was rude offensive and refused to look at any evidence of our relationship. I have seen two lawyers who say the refusal is absolute nonsense. I have since lodged an appeal and am in the process of a second application with a lawyer.
     
  4. Aga30

    Aga30 Member

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    Hey!
    How r u?I have similar situation to urs.I' m married to african man.My husband was removed from the country for 8months overstay.We got married in Namibia n try to get eea family permit.They refused him.When i came back to England i found representative for my husband.He explained all deportation issue but they still had doubts about our marriage if its the genuine one.So my representative send more eviedence to proof our relationship but no answer from bhc in South Africa.We've been waiting about 3weeks already.This things r taking time.How r u going wiv ur case,any better?take care
     
  5. loozit

    loozit Member

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    The last time i saw my husband was at the airport on 26th November. I am currently preparing a second application with more evidence of relationship, ie witness statements etc. It disgusts me that someone can tear my life apart because of their personal predjudices. The woman that interviewed my husband was rude and shouting at every applicant she saw whilst my husband was there. I have been advised not to travel back to india till after the baby is born by my doctor. This puts me in a terrible position as i cannot even see my husband unless by some miracle the next eco that evaluates the application realises my marriage is not a sham. There were nearly 100 people at my wedding, i was married in an anglican church and my mother gave me away, i dont know what these people are thinking sometimes when they refuse applications(other than the end of year figures).
    Is funny how on bhc sites they appeal process is free, not in my experience. Well, lodging the appeal is free but then you need representation etc.
    The amount of stress the situation is putting me under feels unbearable some days. I am just praying that my husband will be here by the time our baby is born in may.
    Good luck with your application, i hope you get the news you are praying for.
     
  6. Aga30

    Aga30 Member

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    I,ve seen my hubby on 26th september last time.Its more then 3months already.So i know what u feel.We didnt appeal bhc decision couse my represetative discouraged me.We r keepin reapplying.he told me that appealing can take up to 1year.Try to keep contact wiv ur husband as much as u can.Collect all phone calls records.They will be necessary for ur new application.I'm usin skype when i call to Africa.Its the cheapest solution.Its gonna be fine.Just be strong n dont give up.Look after urself n baby.Dont stress urself couse its not helpin out.I'm gonna pray for good news for u.Take care
     
  7. loozit

    loozit Member

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    We have nearly got everything together for second application. I got a screen capture programme so i can log all calls made on pc from yahoo and print them out. It is a struggle at times but if the second application not successful then we still have the appeal of the first refusal pending. Husband upset cause so far he missed the first time heard heartbeat and is just about miss 20week scan. But there isnt much i can do about it so just have to carry on regardless. I hope you have some news soon.
     
  8. Aga30

    Aga30 Member

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    Hey!How r u?Bhc just asked my husband to send his passport.He did 2day!I prayed 2 God about finishing this almost 7months long fight.I'm crossin my fingers.Take care
     
  9. loozit

    loozit Member

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    Hi, we just submitted the second application this week. How did things go with your husband? i hope you got the news you were hoping for.
     
  10. Aga30

    Aga30 Member

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    hey! How r u? We got visa! My husband arrived 2 England 19th of january. I'm so happy.It was really difficult time for us but it was worth.I wish u all the best. Let me know when u find out anything. Good luck.Take care













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  11. loozit

    loozit Member

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    We checked the track your application online section. It says passport returned to applicant. case closed. So now everything closed and cant find out till monday. Nightmare.
    I am so happy your husband is here.
     
  12. loozit

    loozit Member

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    Well the visa was refused, again. For nonsense made up reasons. The spelling in the refusal is like broken english.
    I am furious, this cannot be allowed to continue. I am going to travel to london and i am not coming back till i get straight answers, am sick of this.
     
  13. Aga30

    Aga30 Member

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    Hello!
    How r u? Sorry for not replying for a while but i just moved in another place n i didnt have internet. Anything changed? We r gonna extend my husband's visa soon.I hope no problems this time. How u doing? I hope u feel well. Let me know.x
     
  14. Faith

    Faith Member

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    Hi loozit,

    I'm really sorry about the ordeal that you and your family are being put through.i know how it feels as im in exactly the same situation ,only im stuck in South Africa and my husband in England.In fact your letter of refusal is identical to mine ,the wording ,etc as i overstayed for 22 months .My husband and i are at our witts end and the last time we saw one another was in February.I have read responses from Aga30 feel a bit motivated and inspired .The last time you wrote ,you were going to travel to England -how did that go!You also mentioned that your baby is due in May which is now .congratulations!!! let me know how your case is getting on and please advice me if you have any advices for me !
     
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