# Spouse visa refusal letter



## todmatt (Jun 8, 2014)

Here is my refusal letter


REFUSAL LETTER



Eligibility Relationship Requirement 


"You do not meet the eligibility relationship requirement Of paragraphs E-ECP.2.l. to 2.10. 


- You have applied for entry clearance to join your husband,*******, who is a 
British Citizen. You state that you married your sponsor on 1 March 2017 in Nigeria. You have provided a marriage certificate as evidence you have married. However Nigerian marriage certificates are easily obtained with few checks and are very difficult to verify, and therefore in isolation hold little corroborative value.

-Your application contains very minimal evidence of contact between yourself and your sponsor pre- or post-marriage. You have submitted printouts of social media 
communications, but most of these only show your name. The only printouts showing your sponsor's name are the ones dated February to April 2017. None of the printouts 

Appendix FM partner Refusal"

show your name and your sponsor's name at the same time and therefore they do not demonstrate any contact or communication between you. You have submitted a number of photographs, but the photographs showing you and your sponsor together are all taken on a single occasion (your wedding). Evidence to demonstrate the relationship may take the form of exchange of cards at important events, corroborative chat records, emails post marriage photographs. This is not an exhaustive list and there is no specified evidence that must be submitted. However what must be demonstrated is an ongoing and genuine relationship. 


The above facts combined means I am therefore not satisfied your relationship with your sponsor is genuine and subsisting or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10) 



Eligibility Financial Requirement 


You meet the eligibility financial requirement of paragraphs E-ECP.3.1. to 3.4. 


Eligibility English Language Requirement 

You do not meet the eligibility English language requirement of paragraphs E-ECP 4.1. to 4.2. 


You are not exempt from the English language requirement under paragraph E-ECP.4.2. In addition, you are not a national of a majority English speaking country listed in paragraph GEN You state that you hold an academic qualification recognised by NARIC UK to be the equivalent to the standard of a Bachelor's or Master's degree or PhD in the UK, which was taught in English. 

I note that you have submitted a letter from Naric and some documentation from the University of ******, Nigeria. However, you have not submitted the actual degree certificate which the correspondence is referring to.WE need to see the certificate to establish that the requirement has been met. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM Of the Immigration Rules. (E-ECP.4.l).

Exceptional Circumstances 

We have considered, under paragraphs GEN.3.1. and GEN.3.2. of Appendix FM as applicable, whether there are exceptional circumstances in your case which could or would render refusal a breach of Article 8 of the ECHR because it could or would result in unjustifiably harsh consequences for you, your partner, a relevant child or another family member. In so doing we have taken into account, under paragraph GEN.3.3. of Appendix FM, the best interests of any relevant child as a primary consideration. 

However, based upon the information and/or evidence you have provided we are satisfied that the minimum income requirement is not met, and we have decided that you do not meet the financial requirement under paragraphs E-ECP.3.1. to E-ECP.3.4. of Appendix FM. We have also considered your application under paragraph GEN.3.2 of Appendix FM. We have concluded that there are no exceptional circumstances in your case which would render refusal a 

Appendix FM Partner Refusal """""


This is one of the most confusing refusal have heard read as the ECO clearly said in one paragraph then say something different in another.

We are currently appealing the ECO decision at the moment but it takes long as the ECO did not overturn the decision and we are awaiting court dates. I have decided to re-apply to address some of the ECO concerns in the refusal letter. my questions are


If I decide to withdraw the appeal, will the upper tribunal sent back the appeal bundle??

We are unable to find the original degree certificate and in a future application, will the home office accept the photocopies with an explanation?

Thanks


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## nyclon (Apr 3, 2011)

Seems pretty clear that you don't meet the English laguage nor the relationship requirement. Unfortunately, apllications from Nigeria tend to get extra scrutiny due a plethora of fraudulent applications.


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## clever-octopus (May 17, 2015)

The confusing part to me is where they state that the financial requirement is met, then later on in the Exceptional Circumstances section, they state that it is not

To answer your questions, yes you will receive the documents back, and no a photocopy will not suffice - Contact your university and request a new degree certificate


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## Shay9 (Jun 27, 2017)

Hi Todmat, sorry about your refusal, can you tell me your timeline please?


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## todmatt (Jun 8, 2014)

nyclon said:


> Seems pretty clear that you don't meet the English laguage nor the relationship requirement. Unfortunately, apllications from Nigeria tend to get extra scrutiny due a plethora of fraudulent applications.


@Nyclon You have a good point about fraudulent applications from Nigeria. We met the English Langauge requirement as we submitted NARIC certificate and we are unsure if we submitted the degree certificate with the application as my wife can't find it but it is among the list of documents submitted with the application i think. NARIC will not issue their certificate if the degree wasn't taught in English right? and with regards to the relationship, I included 200 photos of pre and post wedding as well as boarding pass of my visits to Nigeria and hundreds of whatsapp dated(2015,2016,2017), Skype, facebook screenshot from the time we met and our relationship evolve etc However the ECO failed to look at the evidence submitted and decide to contradict the decision as it is obvious the refusal is quite confusing even though we gave authentic marriage certificate and it is the job of the ECO to ensure marriage certificate provided by applicants are authenticated by calling the relevant authorities to verify if there's any doubt.


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## todmatt (Jun 8, 2014)

clever-octopus said:


> The confusing part to me is where they state that the financial requirement is met, then later on in the Exceptional Circumstances section, they state that it is not
> 
> To answer your questions, yes you will receive the documents back, and no a photocopy will not suffice - Contact your university and request a new degree certificate




@clever-octopus You are right about the financial requirement and it shows the ECO rushed our application without taking into the consideration all evidence submitted. I applied under CAT A submitted 6 months bank statements, letter from employer, employment contract, P60, 6 month payslips. University will not issue another copy of degree certificate as it is only issued once in a life time according to my wife. we are just in a limbo


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