# ECO not satisfied that my marriage is VALID



## Happylady (Mar 16, 2016)

Hi guys
Today i received the refusal of entry clearance - its a big shokk
I paid a priority visa settlement which i sent it on 22 april 2016 - a decision was made on my application on 3rd may 2016- and today i find out its a REFUSAL:

ECO REASOND FOR REFUSAL/
* Your appendix 2 states that your sponsor was previously married in the UK, and that this marriage was dissolved in the uk on the 15/02/2008, after your marriage to sponsor took place on the 08/02/2016. Given this i am not satisfied that your marriage is valid. I therefore refuse your application under paragraph EC-P. 1 .1 (d) of appendix FM of the Immigration Rules . (E-ECP. 2.7)

This is the only reason of refusal!! financial / English and accomodations requirement are MET.

- please note that i have been married now for 8 years and I got previously on dec 2008 an entry clearance visa to uk and i lived in london 2 years .
My husband got his dcree in feb 2008 but was separated with his first wife since 2006.

The ECO has accepted my spouse visa in 2008 and now they refuse my entry clearance for this reason ?? 

-Eco said that i am entitled to appeal against this decision!!
But how can I appeal and what doc shall i provide to support my appeal???? 

Can you guys advice me please how to defend this point??

Thanks a lot


----------



## nyclon (Apr 3, 2011)

Did you send his divorce decree?


----------



## Whatshouldwedo (Sep 29, 2013)

nyclon said:


> Did you send his divorce decree?


And your marriage certificate? Their dates don't seem right in the refusal.


----------



## Happylady (Mar 16, 2016)

nyclon said:


> Did you send his divorce decree?


Yes Nycleon I submitted the his divorce decree- he was married to pakistani british woman and they had islamic divorce in 2007 then a civil divorce in feb 2008 - We got married in Tunisia in 2008 shortly after getting married i did apply for spouse visa and i remeber i submitted too this same dicorce decree and ECO has granted me a visa

But now theyrefused on this ground !!! how can i make an appeal please? how can i convince them that my marriage is valid- I have a 6 years old boy who is a british citizen and enroled in local school in Uk !! despite we met all the requirement they refused my application on this ground


----------



## Happylady (Mar 16, 2016)

Whatshouldwedo said:


> And your marriage certificate? Their dates don't seem right in the refusal.


 i submitted my marriage contract - the thng that my husband had an islamic talaq (divorce) in 2007 his first marriage was dissolved in feb 2008 just one week after we contracted our marriage in Tunisia!


----------



## cykohed (Mar 18, 2016)

Happylady said:


> i submitted my marriage contract - the thng that my husband had an islamic talaq (divorce) in 2007 his first marriage was dissolved in feb 2008 just one week after we contracted our marriage in Tunisia!


am I reading this correctly. 

So his first marriage was legally dissolved a week after your legal marriage?


----------



## Whatshouldwedo (Sep 29, 2013)

She might not have meant that. But I am concerned about this 'your appendix 2 states that your sponsor was previously married in the UK, and that this marriage was dissolved in the uk on the 15/02/2008, after your marriage to sponsor took place on the 08/02/2016' is that your typo, Happylady, or theirs?


----------



## Happylady (Mar 16, 2016)

Whatshouldwedo said:


> She might not have meant that. But I am concerned about this 'your appendix 2 states that your sponsor was previously married in the UK, and that this marriage was dissolved in the uk on the 15/02/2008, after your marriage to sponsor took place on the 08/02/2016' is that your typo, Happylady, or theirs?


this is their typo this is the answer of the entry clearance officer , this is the ECO reason for refusal


----------



## Cousin Jack (Feb 6, 2016)

Happylady said:


> this is their typo this is the answer of the entry clearance officer , this is the ECO reason for refusal


If your saying that the dates the ECO quotes are inaccurate and that you marriage was AFTER the divorce date and you submitted proof of this then surely your appeal would be based on their inaccuracy?


----------



## Whatshouldwedo (Sep 29, 2013)

Cousin Jack said:


> If your saying that the dates the ECO quotes are inaccurate and that you marriage was AFTER the divorce date and you submitted proof of this then surely your appeal would be based on their inaccuracy?


Definitely!


----------



## Happylady (Mar 16, 2016)

Whatshouldwedo said:


> Definitely!


unfortunately the dates are correct ! his civil divorce was in feb 2008 but his islamic talaq (divorce) was in 2007 thats why we got married in feb 2008 in Tunisia but we were unaware of this unfortunately!! but saying this and despite all this ECO grant me previously in 2008 a spouse visa without mention anything about these dates!

I need your advice guys what shall we do- can he prove his islamic divorce ? and how can we support this issue by doc to appeal?


----------



## Happylady (Mar 16, 2016)

Joppa i need your advice pleaze if you got some free time i will apreciate it - i know its weekend so no rush ! Thx in advance


Sent from my iPhone using Tapatalk


----------



## cykohed (Mar 18, 2016)

Yeh if got legally married while you he was still legally married, im not sure if your marriage is valid. Maybe you have to do something like remarry 

It brings up a another issue. 

When i got married I had to do affidavit to the effect that im free to marry. How did he do that without the divorce papers etc? 

Because it clearly asks you when you do it, have you been previously married. And you have to show this marriage has ended. So not sure how this happened.


----------



## Whatshouldwedo (Sep 29, 2013)

cykohed said:


> Yeh if got legally married while you he was still legally married, im not sure if your marriage is valid. Maybe you have to do something like remarry It brings up a another issue. When i got married I had to do affidavit to the effect that im free to marry. How did he do that without the divorce papers etc? Because it clearly asks you when you do it, have you been previously married. And you have to show this marriage has ended. So not sure how this happened.


Unless others more experienced can advise, I would think you need legal advice on this one. The fact that the dates were not questioned when you previously applied will not help as it was down to the ECO to notice the discrepancy.


----------



## cykohed (Mar 18, 2016)

I agree with Whatshouldwedo. At this stage you need to get legal advice on whether your marriage is valid or not. 

Religious ceremonies and decrees rarely mean much alone. For example even in Islamic countries there is a legal document accompanying the religious part. Its the legal part that is critical.

From what you said, you need to investigate whether legally your marriage is valid. Only a legal professional could advise on that. 

If what your saying is true. Technically your husband may have been still legally married to his now ex wife, when you married him. 

*Some things to be really careful about*

In my limited knowledge of legal marriages, most countries required your husband to sign and complete a affidavit or affirmation (written statement of facts) stating that he was free to marry. Which he potentially wasn't if he was still legally married at the time.

This is important legal document and submitting a false affidavit is a criminal offense and constitutes perjury in most jurisdictions
https://www.gov.uk/government/publications/affidavit-of-marital-status

Also its worth noting that in the UK, Polygamous marriages and bigamy are illegal - not sure how its approached when the marriage is not in the UK (because at the times you mention your husband was married to two people). But guessing in this case - they dont see it as a valid marriage

*It's probably something you can fix, but either way you need legal advice on your marriage. *


----------



## Happylady (Mar 16, 2016)

If we divorce and remarried again and submit a new application accompanied by a new wedding contract can the Eco accept my application or this may affect it?? We are open for any solution can you advice please?
If we contract again shortly of getting divorced can Eco undrestand that our intention is to submit a valid new wedding contract??


Sent from my iPhone using Tapatalk


----------



## HKG3 (Jan 11, 2015)

Happylady said:


> If we divorce and remarried again and submit a new application accompanied by a new wedding contract can the Eco accept my application or this may affect it?? We are open for any solution can you advice please?
> If we contract again shortly of getting divorced can Eco undrestand that our intention is to submit a valid new wedding contract??


Did the OP had a civil wedding with the British spouse?


----------



## Happylady (Mar 16, 2016)

Yes


Sent from my iPhone using Tapatalk


----------



## HKG3 (Jan 11, 2015)

If your civil wedding took place in the UK before your husband's first marriage ended in Feb 2008, then your husband has committed a criminal act as cykohed noted above.

Even when the civil wedding took place in a jurisdiction where bigamy is legal, it is very likely that the Home Office will treat such 'marriage' as not valid, as it is the case in British law.

The OP should get legal advice regarding her position ASAP.


----------



## Happylady (Mar 16, 2016)

The only solution is to divorce and remarried again that's the only way to have a valid marriage in Uk (as islamic wedding and divorce are not legal) Making an appeal doesnt sort things out its a waste of time as it can take 18 months of wait without having any solid ground to defend this issue which is illegal!! so remarried and apply again with a fresh application its the best option !! But there's any chance that ECO approved my new application after correcting this issue ?? 


Sent from my iPhone using Tapatalk


----------



## cykohed (Mar 18, 2016)

I think it's pretty clear you need to get professional legal advice regarding the status of your marriage. Especially if you got married in the uk.

Before you look into reapplying or appealing.


----------



## Happylady (Mar 16, 2016)

We didnt get married in uk !! 
How can this impact us ! Can u explain please !! We got an appointment tomorrow for legal advice!! Can u shed some light !! What worse scenario could be!? We didnt make it in purpose !!! We ignored the law ( stupid us) !! 

Sent from my iPhone using Tapatalk


----------



## Crawford (Jan 23, 2011)

The following statement (apparently taken from the refusal letter) makes no sense whatsoever:

ECO REASOND FOR REFUSAL/
* Your appendix 2 states that your sponsor was previously married in the UK, and that this marriage was dissolved in the uk on the 15/02/2008, *after your marriage to sponsor took place on the 08/02/2016.* Given this i am not satisfied that your marriage is valid. I therefore refuse your application under paragraph EC-P. 1 .1 (d) of appendix FM of the Immigration Rules . (E-ECP. 2.7)

So unless this strange statement can be clarified I don't think we really know why the ECO refused the application.


----------



## Happylady (Mar 16, 2016)

Its their statement why they refuse my application beause the final divorce decree was one week after our wedding contract! We married in another country not the Uk


Sent from my iPhone using Tapatalk


----------



## nyclon (Apr 3, 2011)

From what you have posted, your husband wasn't free to marry if you got married before he was divorced from his previous wife.


----------



## Happylady (Mar 16, 2016)

Yes Eco are right to consider our marriage is invalid - how can we fix this ?! If we divorce and remarried then submit a new application With an explanation letter that we want to correct our invalid marriage could this count as a solution ? Who got an idea? Wanna find how to correct this issue please your advices will be much appreciated! Thx


Sent from my iPhone using Tapatalk


----------



## Crawford (Jan 23, 2011)

ECO REASOND FOR REFUSAL/
* Your appendix 2 states that your sponsor was previously married in the UK, and that this marriage was dissolved in the uk on the 15/02/2008, after your marriage to sponsor took place on the 08/02/2016. Given this i am not satisfied that your marriage is valid. I therefore refuse your application under paragraph EC-P. 1 .1 (d) of appendix FM of the Immigration Rules . (E-ECP. 2.7)

The above statement appears to read as: 

"this marriage was dissolved in the UK on the 15/02/2008, after which you married your sponsor on the 08/02/2016" - which would be perfectly logical. You divorced in 2008 and married in 2016.

So you have either typed out the refusal incorrectly, or the ECO has got completely confused with the dates of your marriage and divorce or the ECO has incorrectly typed the reason for the refusal.

There is nothing in what you have written as being the refusal, which mentions marriage, then divorce and the dates which relate to either. YOU are either assuming this is what the refusal is all about or you have not provided all the details from the refusal.


----------



## nyclon (Apr 3, 2011)

The OP has indicated up thread that it was a typo by the ECO.


----------



## Crawford (Jan 23, 2011)

nyclon said:


> The OP has indicated up thread that it was a typo by the ECO.



The OP assumes this typo is the reason for the refusal. Yet the statement with the typo says nothing about a previous marriage, a previous divorce and the date of the divorce following the previous marriage. In fact it is a totally illogical statement.


----------



## cykohed (Mar 18, 2016)

The eco looks like they meant to say... because you were married before your divorce the marriage is not valid.

i think the advice here is to get professional legal advice. 

You likely can get some sort of annulment and then have another legal marriage


----------



## WestCoastCanadianGirl (Mar 17, 2012)

It also depends on if the OPs husband got a divorce in the UK or not. 

If the divorce was UK based and only the _Decree Nisi_ was ever issued, then the divorce is _*not*_ final and he is still technically married to the ex-wife, as a Decree Absolute must be issued in order for it the divorce to be final and binding. 

If OPs husband was the original petitioner for the divorce, then the issuance of the Decree Absolute is fairly straight forward... just apply for it and pay the fee and the court will take care of the paperwork for him, without the need for him to attend court. Given that it's been more than 6 weeks and a day since the Decree Nisi, the whole thing _could_ be done in a day, if absolutely necessary. 

If OPs husband was the respondent in the divorce, it gets a little more complicated and will require him to appear before a judge in order to get it sorted and same-day resolution isn't an option.


----------



## Happylady (Mar 16, 2016)

Let me clarify better the thing: my husband was previously married- he divorced on 2007 and didnt get his final divorce decree till 15- feb 2015- meanwhile I met my husband fall in love and decide to get married in our native country!! Because he was previously married in Uk and living in Uk he didnt register his first marriage in his native country !! When we contracted on 8th feb 2008 we never thought that he need to submit his divorce decree and no one did ask for it - so by mistake and it wasn't meant we contracted our marriage without waiting for his final divorce decree! Otherwise we shall wait fir it!! 
By coincidence the divorce decree was ready one week after we got married!! And by consequence our marriage is invalid!
Now to correct this, we are going to divorce and remarry again! So when i apply again for spouse visa i ll have a new wedding contract registered after his first divorce!
My questions are:
- does this affect on any way my new application? We are going to explain everything!
- does Eco now accept our new contract and will be satistfied that our relation is genuine ? After all we are married for 8 years and we have a 6 yo british citizen kid!!

Can you advice guys?
Thank you all for taking the time to read my post and answer me!!
Bless you all


Sent from my iPhone using Tapatalk


----------



## Joppa (Sep 7, 2009)

Your second marriage was invalid so you have to get married again, lawfully, to your existing husband.
Yes, it will affect your visa application because of prior refusal. Declare your invalid marriage, take full responsibility for it and show remorse. 
Well, you still have to show evidence of a genuine, subsisting relationship.


----------



## Happylady (Mar 16, 2016)

Thank u for your answer - wish me luck guys i need it!!


Sent from my iPhone using Tapatalk


----------



## Happylady (Mar 16, 2016)

Can you joppa let me know how to show evidence of a genuine relationship? Shall me provide viber calls & messages - we ll make trip together and submit photos- western union transfers- !!
What you suggest in this case?
When i ll submit a fresh application shall i only submit my new contract or still need to submit the old marriage contract and the divorce decree ( to show that we did correct our marriage and make it valid in UK?) 
Thank you for your answers 


Sent from my iPhone using Tapatalk


----------



## Crawford (Jan 23, 2011)

Happylady said:


> Let me clarify better the thing: my husband was previously married- he divorced on 2007 and didnt get his final divorce decree till 15- feb 2015-
> Can you advice guys?
> Thank you all for taking the time to read my post and answer me!!
> Bless you all
> ...


In her first post the OP said:

"Your appendix 2 states that your sponsor was previously married in the UK, and that this marriage was dissolved in the uk on the 15/02/2008, after your marriage to sponsor took place on the 08/02/2016. "

Now she is saying:

my husband was previously married- he divorced on 2007 and didnt get his final divorce decree till 15- feb 2015- 

Her dates are all over the place !


----------



## Happylady (Mar 16, 2016)

Crawford said:


> In her first post the OP said:
> 
> 
> 
> ...



Ohh i mean 08/02/2008 i cant edit it to correct my first post:

"Your appendix 2 states that your sponsor was previously married in the UK, and that this marriage was dissolved in the uk on the 15/02/2008, after your marriage to sponsor took place on the 08/02/2008"

Hope this make sense now!


Sent from my iPhone using Tapatalk


----------



## Whatshouldwedo (Sep 29, 2013)

Happylady said:


> Ohh i mean 08/02/2008 i cant edit it to correct my first post: "Your appendix 2 states that your sponsor was previously married in the UK, and that this marriage was dissolved in the uk on the 15/02/2008, after your marriage to sponsor took place on the 08/02/2008" Hope this make sense now! Sent from my iPhone using Tapatalk


I have been getting very confused over the dates from the initial post! I think the bottom line is that they got married before he had his decree nisi and therefore UKVI are correct in saying the marriage is not valid. Very complicated situation! Happylady, there is no way of knowing how long it will take to get any further application approved. You will have to make a very clear explanation, no messing up the dates! Be honest and remorseful.


----------



## Happylady (Mar 16, 2016)

I have been refused because i was honest and put the dates exactly like in my contract and divorcee decree ( so at least i didnt try to hide dates or make false statement ) i hope UKVI will consider my honesty and that i didnt try to fool them just i ignore the law but we are trying to correct it now - lets see the outcome!!!!


Sent from my iPhone using Tapatalk


----------



## Whatshouldwedo (Sep 29, 2013)

Happylady said:


> I have been refused because i was honest and put the dates exactly like in my contract and divorcee decree ( so at least i didnt try to hide dates or make false statement ) i hope UKVI will consider my honesty and that i didnt try to fool them just i ignore the law but we are trying to correct it now - lets see the outcome!!!! Sent from my iPhone using Tapatalk


Let us know how it goes. I wasn't suggesting you messed up the dates on your application or would do so on any future application. I only mentioned it as the dates you gave in your posts on the forum were a little confusing at times. Good luck!


----------



## Happylady (Mar 16, 2016)

Yes i undrestand u whatshouldwedo - sorry if u misundrestand me! Thanks for taking the time to answer me - i just want ti know if my honesty in putting the dates count to UKVI while considering my new application in next months- as divorce will take time! Thx for wishing me luck i need it 


Sent from my iPhone using Tapatalk


----------

