# Spouse Visa Denied



## YashOnline (Aug 5, 2015)

Dear All,

Need advice desperately.

I had applied at the end of May for a Spouse Visa based on my marriage to a UK citizen. End of last week I've been shockingly refused. I am hoping that somebody here would be able to guide me in a right direction as both me and my wife are completely heartbroken. 

I wont bore you guys with too much and would come straight to the matter. 

The ECO's Letter :

EC-P.1.1 (c) – Section S-EC: Suitability –Entry Clearance Requirements
ECOs Reasons for refusal
In your application, you have stated that you have not previously been married; our records show that you were married in 2XXX and that you left your wife in India to visit the UK. I am satisfied that you made false representations in your application.

In addition I note you have previously made applications as non EEA family member in May 20XX you have not stated who you applied to reside within the UK but these applications are for direct family members, i.e a spouse, parent or child of an EEA national. As you have stated you have no children and your parents are Indian I am inclined to believe your application was to reside with a spouse or partner. I am satisfied that you have not fully disclosed your relationship history. I therefore refuse your application under paragraph EC-P.1.1(c) of Appendix FM of the Immigration Rules. (S-EC.2.2(a)) 


Now here's the story/history. I had applied for and was granted a WHM around mid 2000s. I was single at the time of application. I got married to a woman just before I left the country for UK. 

Now before my WHM would expire applied for an EEA Family permit based on the fact that I had an Uncle who's an EEA National living UK. Which I did. Unfortunately that application got refused on the grounds of not being able to provide satisfactory documentation to establish my relation.

So I tried to procure all the documents and re-applied. The said application was turned down again on other reasons. This application went for an appeal and was turned down on various factors. In hind sight I was foolishly convinced that I had a strong case.

Now due to personal reasons I decided to withdraw my last appeal and requested for a voluntary departure and returned back. Unfortunately on my return things didn't work out between me and my wife and we divorced.

End of last year I got married again to a UK national and this year applied for a Spouse Visa, which got refused.

Now here's the bare truth - I was genuinely misguided at the time of applying for an EEA permit with regards to strengths of my case and was advised that it'll be better if I state that I was single rather than married. Besides the marriage had happened just before I left for Uk and I assumed (Foolishly rather) that once I got the permit I might just bring my marriage to light and take it from there.

But from the ECOs letter it seems that as I was having a bitter divorce battle with my previous wife, she being the human that she is probably went on and submitted/ approached UKBA with information about our marriage which admittedly I hadn't mentioned all this time because I believed that if now I were to mention now that I was married and divorced previously the UKBA might just turn around and say - why didnt you tell us in the first place at the time of applying for EEA permit.

Other than that, this time around whilst filling up the forms I had mentioned all my previous application details and am shocked to find the ECO doesnt know who/ on what relation I based and applied the EEA permit for whereas its all on record.

I know for sure the Senior Members are going to tell me off on this point and I do take the blame for that mistake. At no point did I hide anything from my present wife. But now on one side I am full of guilt because I feel its because of my foolishness that she's having to endure this separation from me and on the other hand I feel so hurt by conning behavior and in a betrayal of my previous wife who went to such extremes just because of her insecurities. 

My queries now:

a) Do you guys think its worth appealing against this decision given the fact that I do have a Decree absolute for my previous marriage.

b) Does anybody know how long an appeal for a case such as mine would take?

c) Would it be advisable to appeal and at the same time file a fresh application right away? or is there a time period I have to wait before I can re-apply if I so chose to?



Any help would be appreciated...


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## HatakeSage (Feb 4, 2015)

I'm not the best at these but I'll try and give my opinion. I think they fairly denied you on grounds of lack of information about your marriage but I think maybe you can appeal.

a) If you have proof and plenty of documents about your previous marriage, I personally would try to appeal and apologize about the missing documentation.
b) Appeals can take a while, months usually. What I see is people reapplying because it's not worth it to do an appeal, but you might have a case if you just show you were mistakenly in the wrong with your documentation (stating your previous marriage etc)

c) I'm not sure if theres a time period but I probably wouldn't do it at the same time, as that would make things confusing, I'd choose one or the other, not both. These things can take months based on previous rejected visas, so it'd just confuse the ECO's I think.

I hope a mod can help you with more clear information on your case.


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## xabiaxica (Jun 23, 2009)

HatakeSage said:


> I'm not the best at these but I'll try and give my opinion. I think they fairly denied you on grounds of lack of information about your marriage but I think maybe you can appeal.
> 
> a) If you have proof and plenty of documents about your previous marriage, I personally would try to appeal and apologize about the missing documentation.
> b) Appeals can take a while, months usually. What I see is people reapplying because it's not worth it to do an appeal, but you might have a case if you just show you were mistakenly in the wrong with your documentation (stating your previous marriage etc)
> ...


Mods on this forum aren't immigration advisors.


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## YashOnline (Aug 5, 2015)

Dear friend,

Thank you for your opinion.

Yes I have been given a right to apeal.

I would surely wait for more advice from the group.

This platform was a life saver in filling up the confusing forms for the application. Wish I had raised my doubts here before filing. It feels like my last hope but I'll wait for the mods.


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## xabiaxica (Jun 23, 2009)

YashOnline said:


> Dear friend,
> 
> Thank you for your opinion.
> 
> ...


As I said, mods on this forum aren't immigration advisors.


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## YashOnline (Aug 5, 2015)

Dear Xabiachica

Thanks. I'm aware that mods aren't immigration advisers. 

But I would still like to hear their suggestions.


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## xabiaxica (Jun 23, 2009)

YashOnline said:


> Dear Xabiachica
> 
> Thanks. I'm aware that mods aren't immigration advisers.
> 
> But I would still like to hear their suggestions.


That's great, I'm sure they and other members will have some ideas for you


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## manel (Jul 20, 2014)

xabiachica said:


> YashOnline said:
> 
> 
> > Dear Xabiachica
> ...


Joppa ,nyclon ,Crawford ,shel and others are better than immigrations solicitors and advisors .


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## Joppa (Sep 7, 2009)

If you want my opinion, you have to wait as I'm off to work.


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## YashOnline (Aug 5, 2015)

Thanks Joppa. I shall wait. Have a nice day.


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## AmyD (Jan 12, 2013)

You can try to reapply or appeal but I seriously doubt you'll be granted any visa. You've lied twice (that the UKVI knows about). That is a serious offense.


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## YashOnline (Aug 5, 2015)

Guys one more query: 

Probably when I do go down the route to file an appeal, do you guys know -

If I will be provided with a copy of the documents the ECO had on record, on which the decision was based, Before the actual court hearing?

If not then, can I request for the same?

Reason being I'd surely like to know before hand and would like to have all the answers the learned judge might ask. I'm keen not to botch things up anymore. I do wish to come out clean but I am anxious.

Thanks in advance.


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## salix (Apr 27, 2014)

That's the problem with being less than truthful, you have to remember or be reminded of what you said.

As the saying goes, if you tell the truth you don't have to have a good memory. 

Sorry, I have no advice to offer on your situation. Good luck.


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## xabiaxica (Jun 23, 2009)

manel said:


> Joppa ,nyclon ,Crawford ,shel and others are better than immigrations solicitors and advisors .


thank you for making my point for me  


of those, only Joppa & nyclon are mods 

I'm not saying that they don't post good information - but that the 'mod' position has nothing to do with any information they might give


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## YashOnline (Aug 5, 2015)

Thanks AmyD

The first time I was ignorant and was misguided my immigration agents and solicitors. I am not suggesting that I don't take the blame for it. For UKVI its immaterial and I know that.

But this time around I feel I was backstabbed. I had no intention of hiding or lieing to UKVI. But as ive mentioned in my original post, I had my reasons(foolish as they might seem now). And for this jolt to come from a woman who's not only bankerrupted me because it turned out money is all she was after has left my faith in humanity shaken completely.

The worse part is this time there is another precious life at stake and my point in a way is - fine if you want to penalise or punish me. But its very hard for me to contemplate that my wife, whose got nothing to do with my mistakes is suffering.

I just want the UKVI to focus on my current circumstances and evidence of a loving relationship I have with my wife.

Need you guys to point me in the direction which you might think is right..

I am aware the ultimate decision and the outcome will be all on me. But a bit of impartial and selfess advice is what I am after. Thanks.


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## salix (Apr 27, 2014)

Couldn't your new wife move to India to join you? That would certainly add credibility of a sincere relationship at some future date if you should both decide to return to the UK.


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## YashOnline (Aug 5, 2015)

We have had long discussions regarding the same. She has a permamnent and a respectable job and her entire family is based and settled in UK. Other than that she has an aged mother with preexisting medical conditions whom she looks after in a way. So her moving to India would be a big ask.


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## Joppa (Sep 7, 2009)

I have nothing much to add. Your chances are very slim, your compassionate circumstances are, to be honest, nothing out of the ordinary (most people have elderly relation to look after to a varying degree, and if all her family are in UK, surely there are others who can help care for her mother), and there is really nothing fundamentally wrong in suggesting you settle together in India. Economic factor like having a good UK job doesn't cut any ice, as everyone would be saying that. I'm afraid it's tough luck for your new wife to have married someone with dishonesty on immigration record. Sounds harsh but true.
I'm on lunch break.


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## YashOnline (Aug 5, 2015)

Thanks Jopa 

I'm aware of the grim reality. But let me know if there is anything else I could say or do.

Regards


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## Joppa (Sep 7, 2009)

As I said, very little. Think of creating a new life in India together, or anywhere else other than UK. After living together for several years (say 10 years), should you then apply to settle in UK, you may get more sympathetic treatment.


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## YashOnline (Aug 5, 2015)

Thanks again Joppa

Could you confirm/ you know off if the UKVI would be kind enough to provide a copy of the documents they have on record? 

In case of an appeal or is it in the perview of FOI? 

Just curious here...


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## i.need.help (Nov 20, 2014)

Was your current wife aware of all your immigration history before you both got married?

You feel cheated and backstabbed, by what your ex-wife did, but it's something most spouses would and really should do. UKVI encourage's people to report those who have cheated the system or left their spouses.

As long as your current wife was fully aware of your immigration history, then she should be prepared for alternative options other than you both living in the UK.


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## Joppa (Sep 7, 2009)

YashOnline said:


> Thanks again Joppa
> 
> Could you confirm/ you know off if the UKVI would be kind enough to provide a copy of the documents they have on record?
> 
> ...


You should be getting professional help with an appeal, and asking them for advice.


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## chr125 (Mar 17, 2015)

YashOnline said:


> Thanks AmyD
> 
> The first time I was ignorant and was misguided my immigration agents and solicitors. I am not suggesting that I don't take the blame for it. For UKVI its immaterial and I know that.
> *
> ...


You've been back stabbed?!! You lied on your first application and on your last. Stop the self pity and accept you wont get a visa anytime soon.


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## HKG3 (Jan 11, 2015)

YashOnline said:


> Now here's the bare truth - I was genuinely misguided at the time of applying for an EEA permit with regards to strengths of my case and was advised that it'll be better if I state that I was single rather than married. Besides the marriage had happened just before I left for Uk and I assumed (Foolishly rather) that once I got the permit I might just bring my marriage to light and take it from there.


Do you expect an ECO will believe anything you said after you have been caught telling lies in an earlier Home Office application?

Well, you can try the Surinder Singh route, see link below - 

https://www.gov.uk/family-permit/surinder-singh


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## nyclon (Apr 3, 2011)

I think we've given all the help that be be given. I 'm closing this thread.


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