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?

 

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.

 

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.

 

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.

 

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.

 

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.

 

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.