# Settlement visa refused



## kindmanship (Sep 13, 2017)

_REFUSAL LETTER

We have considered your application under paragraph EC-P.I.I. of Appendix FM. However, you do not qualify for entry clearance under the 5-year partner route for the following reasons: 


Suitability



Your application does not fall for refusal on grounds Of suitability underSection S-EC ot Appendix Eligibility Under paragraph EC-P.I .1 .(d) you do not meet all of the eligibility requirements of Section E-ECP Of Appendix FM for the following reasons: 




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 ECO was incompetent as we clearly include Skype, Whatsapp, Rebtel, other application we use as well boarding pass, printout of ticket and the dates of our communication are visible as we capture dates but he didn't have the time to check all our application. We also included photos of us together taken at different places and wedding photos. The certificate of Naric was done and Naric won't issue certificate without degree certificate from the Universiry was which also included in the same application. I'm so very upset the fact that, The ECO doesn't have the time to go through our application and he said we meet the requirement then again he said we did not, I'm so confused right now



We are giving the right to appeal and the concern now for me, received all the documents but not everything fully such as chats, my wife degree certificate which he claimed wasn't included in the application. I do meet the requirement which I clearly included 6 months bank statement, pay slips and letter from employer 



Is it possible to get an admin review if refused then reapply cause appeal will take a very long time. 

Any advice will be highly appreciated 


Thanks


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## seanmcint (Oct 27, 2016)

kindmanship said:


> Any advice will be highly appreciated
> 
> 
> Thanks


It looks to me like you need to submit a fresh application with all the necessary evidence.

You met some of the requirements (income) but not all. You need to provide better evidence for English language such as an original certificate but I would suggest just doing an English test with the British Council It's really easy, fast and definitely meets their requirements if you get the A1 for UKVI purposes.

not sure about the relationship evidence, maybe Joppa will have some ideas.

Also, I think a spouse visa requires that you live together for two years


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## j4v3d (Feb 12, 2017)

Definitely seek some advice from Joppa, you'll be pointed in the right direction, either way, best you start a new application & make sure it's strong enough in terms of evidence provided. Good luck.


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## kindmanship (Sep 13, 2017)

"You met some of the requirements (income) but not all." We submitted 6 months Bank statements, 6 months pay slip, Letter from employer, P60 What else does he want me to show proof of income is met. I earn £18957 per year and I have been in the job continuously for more than six 6 months


"You need to provide better evidence for English language such as an original certificate but I would suggest just doing an English test with the British Council It's really easy, fast and definitely meets their requirements if you get the A1 for UKVI purposes." I understand this but the NARIC is a requirement from them which shows the degree was taught in English

not sure about the relationship evidence, maybe Joppa will have some ideas.

"Also, I think a spouse visa requires that you live together for two years" This is a settlement visa not a spouse visa within the UK


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## xbel (Feb 12, 2015)

u applied for SET(M)?


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## kindmanship (Sep 13, 2017)

@Joppa Can you kindly provide an insight into this refusal please. Your advice will be highly appreciated. thanks


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## Kimi2490 (Nov 8, 2012)

Spouse visa does NOT require any pre cohabitation. So ease your mind on that score.

Meet the English language requirement on your next application, and strengthen the relationship evidence section. All the best.


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