# Spouse Visa refusal



## crazyyankee (Mar 9, 2011)

I have recieved my denial of my spouse visa for me to be with my husband in UK. 
A little background,
We met online in Aug 2009
met in person August 2010, I went to uk for 2 weeks. 
he came to us in Nov 2010 for 2 weeks and I returned to uk as visitor until May 2011.
In that time we secured a solicitor to prepare a spouse visa application,
We were married in NYC on May 17 and the 20th had my biometrics done and sent application in. there were a few hold ups... but got denial on June 14th. 
Reasons: they couldnt substantiate our relationship, and finances. 
Husband is self employed electritian with plenty of work... so we got together 10 years of income , letter from current job he is working on, his accountant etc. and sent all we could find for our relationship, chat history online (558 pages) ha ha, and wedding cards , etc. 
I guess my big question is....
Is there anyone else that has gone through this that is still on here??? and how long am I looking at if the ECO reviews additional info we submit and overturns it... I cant imagine it goes any further!! but am prepared for it if it does....
So I guess what I am looking for is some encouragement  that I will be home with my husband SOON!!!


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## crazyyankee (Mar 9, 2011)

crazyyankee said:


> I have recieved my denial of my spouse visa for me to be with my husband in UK.
> A little background,
> We met online in Aug 2009
> met in person August 2010, I went to uk for 2 weeks.
> ...



Just as an update for all who have read this!!! ~~~ got the email today the ECO reviewed our appeal and overturned his original decision!!! Look out Hubby and UK here I come!!!!lane:


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## mongobean (May 29, 2011)

Congratulations crazyyankee! Any idea at what might've made them initially doubt your relationship/finances?


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## crazyyankee (Mar 9, 2011)

mongobean said:


> Congratulations crazyyankee! Any idea at what might've made them initially doubt your relationship/finances?


No just that we didnt send enough info.... my husband is a self employed electritian and he has a business account that is solely his... and they had no way to determine only he had access to that money... and we had met online.. thought we had enough info... so did our solicitor!!! but in the end.. it wasnt enough... but... whew.. I have what?? 27 months until I go for ILR!!!! I just wish we had included EVERYTHING the first time!!!! :juggle:


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## Joppa (Sep 7, 2009)

crazyyankee said:


> I have what?? 27 months until I go for ILR!!!! I just wish we had included EVERYTHING the first time!!!! :juggle:


You can apply for ILR after 23 months (i.e. 4 weeks short of 2 years), though your visa is valid 27 months, to give you a little leeway for booking your flight to UK.


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## crazyyankee (Mar 9, 2011)

Joppa said:


> You can apply for ILR after 23 months (i.e. 4 weeks short of 2 years), though your visa is valid 27 months, to give you a little leeway for booking your flight to UK.


ohhhh so when I have to do that do I have to come back to the US again??? and its not nearly as bad is it???


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## Joppa (Sep 7, 2009)

crazyyankee said:


> ohhhh so when I have to do that do I have to come back to the US again??? and its not nearly as bad is it???


No, you do it in UK. See UK Border Agency | Completing application form SET(M)


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## Britney Frustrated (Feb 24, 2012)

My situation is kind of similar to crazy yankee's My husband and i met online and have traveled back and forth between the us and uk 6 or so times in the last year. my spouse visa was denied because of an old criminal history for shoplifting. Will I still be able to visit him while my application is in the appeal process?


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## Joppa (Sep 7, 2009)

Britney Frustrated said:


> My situation is kind of similar to crazy yankee's My husband and i met online and have traveled back and forth between the us and uk 6 or so times in the last year. my spouse visa was denied because of an old criminal history for shoplifting. Will I still be able to visit him while my application is in the appeal process?


While as an American you don't need a visitor visa, you should get one before travelling to UK. You already have had one visa rejection, and you have criminal conviction. It's best to be pre-screened before you buy your flight and commit yourself to visiting UK. Since their suspicion is that having failed to get your visa, you may try to get in as a visitor and overstay, you need to enclose convincing evidence that you will leave at the end of your stay, won't get a job, have enough money to pay for your travel costs and have a strong tie in US to bring you back, such as a letter from your boss expecting you back at work by a certain date.


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## Britney Frustrated (Feb 24, 2012)

Joppa said:


> While as an American you don't need a visitor visa, you should get one before travelling to UK. You already have had one visa rejection, and you have criminal conviction. It's best to be pre-screened before you buy your flight and commit yourself to visiting UK. Since their suspicion is that having failed to get your visa, you may try to get in as a visitor and overstay, you need to enclose convincing evidence that you will leave at the end of your stay, won't get a job, have enough money to pay for your travel costs and have a strong tie in US to bring you back, such as a letter from your boss expecting you back at work by a certain date.


Thanks. Also would you happen to know if you are allowed to travel during an appeal of a refused visa?


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## Joppa (Sep 7, 2009)

Britney Frustrated said:


> Thanks. Also would you happen to know if you are allowed to travel during an appeal of a refused visa?


That shouldn't be an issue, as you are coming in on another visa/leave.


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## refusedvisa (Mar 27, 2012)

i found this forum after i got my fiance visa refused and this forum has been really helpful.thank you.i here is my background: i applied for fiance visa to uk which got refused because of insufficient proofs..i appealed against the decision to the tribunal and i recieved the notice of reciept on 17th march that they have sent my notice of appeal to ny consulate.and that they are giving the ECM time till mid july.and after that the tribunal will contact me again..its been 10 days now and i have not heard any thting from the newyork consulate.? keeping in mind when i originally applied for visa in january the process took hardly 4 days.(in 2 days after i sent them my supporting documents i recieved the email that they have opened and arranged the documents and then 2 days later my visa got refused). i called to the tribunal to ask about the progress of appeal and they said they cant tell anything and the ny consulate web page clearly says they dont answer visa inquiries..what i have understood by talking to the customer service of tribunal is that ECM will only inform us via email if he overturns the decision and if otherwise he will contact the tribunal only and to do that he has time till july..my question is how long should i wait before i can think that the ECM dint change the decision..because i dont want to go into the lenghty appeal process..if the ECM does not change his decison i will ask my fiance from uk to come over here and get married in usa and then apply again as spouse.thank you very much


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## refusedvisa (Mar 27, 2012)

any 1 plz help especially Joppa .ill really appreciate your help


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## Joppa (Sep 7, 2009)

refusedvisa said:


> any 1 plz help especially Joppa .ill really appreciate your help


Sorry, I have no personal experience with the tribunal. You'd better speak to an immigration lawyer in UK with experince of successful appeals through the tribunal.


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## refusedvisa (Mar 27, 2012)

Joppa said:


> Sorry, I have no personal experience with the tribunal. You'd better speak to an immigration lawyer in UK with experince of successful appeals through the tribunal.


thank you joppa...i remeber reading crazyyankee's story and she mentioned it took about two weeks for her visa refusal overturned...but it was back in 2011..and i dont know what was the visa processing time back then..may be she can help me? or somebody else in the same boat? thanks


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## crazyyankee (Mar 9, 2011)

refusedvisa said:


> thank you joppa...i remeber reading crazyyankee's story and she mentioned it took about two weeks for her visa refusal overturned...but it was back in 2011..and i dont know what was the visa processing time back then..may be she can help me? or somebody else in the same boat? thanks


Hi. I just had to sit and wait and it was only due to not enough documentation... we sent that and there was no problem! ... it was only last July and we used an immigration solicitor in the UK... I do believe if you have been refused again .. then try and get married and apply as a spouse their radars will go up and face the possibility of refusal again.... if I were you I would contact an immigration solicitor in the UK for what way to go... why if you are from Pakistan you dont apply from there??? Just wondering!


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## refusedvisa (Mar 27, 2012)

crazyyankee said:


> Hi. I just had to sit and wait and it was only due to not enough documentation... we sent that and there was no problem! ... it was only last July and we used an immigration solicitor in the UK... I do believe if you have been refused again .. then try and get married and apply as a spouse their radars will go up and face the possibility of refusal again.... if I were you I would contact an immigration solicitor in the UK for what way to go... why if you are from Pakistan you dont apply from there??? Just wondering!


thank you crazyyankee for replying.. i am originally from pakistan but i live here in america permanently.my whole family lives here.i cant just go back to pk for applying a visa.
let me explain a little more about my case then may be you can help me better.my visa refusal was based on three points.1: i have not met my fiance
2: we do not have the intention to get married
3: i don not have the necessary english qualification
here is how in the beginning i applied:
my fiance is my cousin. we have met each other many times.i was in pk back then.he has visited us in pk many times and most recently i visited him in uk two years back with a family visa( as i had pk passport) ( my dads and mums many siblings are sattled there , infact its their 3rd generation in uk)(i had no problem getting a family visit visa) although i mentioned this in my application. and i handed over my whole old passport to them.i did not print visa pages separately and also i dint give my fiances passports visas to pk and entry exit stamps. and also i did not give the proof of how my fiance is my first cousin.this time i did provide them all this.the big thing is ..i had just one picture with him and that too was in my childhood and thats all.we dint take any more pictures.actually its a religious thing.when i had gone to uk i remember i took a lot of pictures of scenery and all the places i went to but not with him or his family.
2:initially i had sent them the wedding venue booking, the wedding invitation card,the registrars appointment .and thought this would be enough. this time i sent them all this plus the mosque imams letter, my shopping trip to pk entirely for wedding plane tickets and boarding passes, all the shopping receipts including brides, and grooms dresses and jewelry asians wear on their traditional wedding, my emails with my cousin in uk who was coordinating my wedding through last couple of months regarding the venue,stage decor, the photographer ,videographer, the make up artist ,the wedding bouquet infact every little thing..and with my fiances family regarding the reception they would give and all the arrangements and rings etc 
my fiance consulted a solicitor in uk and he made all the papers on his behalf, a strong letter of appeal and he provided some evidences like his passport ,his mothers passport with maiden name showing he is my cousin,their reception hall booking and the videographer and photographer booking receipts etc 
3: as far as the English is concerned i considered my self exempt based on the fact that i hold a bachelor's degree which is fully taught in English (i am a medical doctor and my degree is recognized in uk and i can practice there after passing a test called PLAB)( i also had PLAB booking so i sent them this time my booking as well as i was preparing to take this exam so i could practice after getting married and off course when i was allowed to) but seems my degree is not good enough. the NARIC acceptance point was mentioned way deep in the FAQs in ukba web site.it was never mentioned on the same first page that says you are exempt.anyways this time i took TOEFL and scored way above the required so i have sent them the score report
Now my progress is i appealed to the tribunal well within time with all possible proofs and explaining the grounds of appeal as thoroughly as possible.i got their receipt notice on 17th march that before my appeal could be allowed in court they have sent my papers back to new york where i originally applied for Entry Clearance Manager for reviewing the decision. my question is how long should i wait and hope ECM would contact me (as they only contact the appealent in case the change their decision .otherwise they send the appeal bundle to tribunal and tribunal has set a date of approx 19 weeks when they will contact me again incase ECM does not change his decision)
crazyyankee please help i think back in your time you had sent your papers directly to newyork.but now they have changed the rule.you are supposed to appeal to the tribunal and they send your papers to the consulate.its been 10 days since i know consulate has my appeal papers.and the difficult part is there is absolutely no way i can check the progress..the tribunal says contact the consulate..i emailed world bridge they said ask the tribunal and the consulate web site says they dont answer visa inquiries on phone..what do i do now i cant wait for 19 weeks thats toooo long


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## crazyyankee (Mar 9, 2011)

refusedvisa said:


> thank you crazyyankee for replying.. i am originally from pakistan but i live here in america permanently.my whole family lives here.i cant just go back to pk for applying a visa.
> let me explain a little more about my case then may be you can help me better.my visa refusal was based on three points.1: i have not met my fiance
> 2: we do not have the intention to get married
> 3: i don not have the necessary english qualification
> ...



Unfortunately it is sit and wait.... like I said I had used a solicitor here in the UK so he sent all the supporting documents to tribunal and then they sent to NY. it was within 2 weeks because my case was pretty straight forward. Yours sounds a bit more complicated... sorry the wait is terrible but there isnt much you can do about it.


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## refusedvisa (Mar 27, 2012)

i just want to share with anybody who wants to know about how the appeal process goes..i received an email today from the new york consulate where i had originally sent my visa application that they have received my notice of appeal from the tribunal .and now an entry clearance manager will make a decision with in 15 days.he can uphold or overturn the original decision.but either way they will inform me.although i received the tribunal letter on 17th march saying they have sent my appeal to newyork. but i guess since these days new york consulate processing time is pretty long for even a fresh visa application that is why they took 25 days to just open my notice of appeal!! i will update when i get the decision!till then fingers crossed !!!!!!!


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## mongobean (May 29, 2011)

refusedvisa said:


> i just want to share with anybody who wants to know about how the appeal process goes..i received an email today from the new york consulate where i had originally sent my visa application that they have received my notice of appeal from the tribunal .and now an entry clearance manager will make a decision with in 15 days.he can uphold or overturn the original decision.but either way they will inform me.although i received the tribunal letter on 17th march saying they have sent my appeal to newyork. but i guess since these days new york consulate processing time is pretty long for even a fresh visa application that is why they took 25 days to just open my notice of appeal!! i will update when i get the decision!till then fingers crossed !!!!!!!


Wishing you lots of luck, refusedvisa!


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## refusedvisa (Mar 27, 2012)

thank you mongobean.. i really need good luck this time !!


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## jessika (Jan 6, 2012)

refusedvisa said:


> i just want to share with anybody who wants to know about how the appeal process goes..i received an email today from the new york consulate where i had originally sent my visa application that they have received my notice of appeal from the tribunal .and now an entry clearance manager will make a decision with in 15 days.he can uphold or overturn the original decision.but either way they will inform me.although i received the tribunal letter on 17th march saying they have sent my appeal to newyork. but i guess since these days new york consulate processing time is pretty long for even a fresh visa application that is why they took 25 days to just open my notice of appeal!! i will update when i get the decision!till then fingers crossed !!!!!!!


I just received the same email today!!! best of luck to you, I hope you hear the good news! be sure to keep us updated!

I faxed my appeal in on February 28th, had no contact from them at all after that so then emailed them on march 30th, they replied April 2nd saying that the ECM had until August 13th to contact them in regards of my appeal.

so I was really happy to get an email so soon! once again, best wishes & hope everything works out for you! 

it's been so hard being without my husband, and having our daughter be without him too. 

my heart really hurts for everyone who has to go through this.


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## refusedvisa (Mar 27, 2012)

jessika said:


> I just received the same email today!!! best of luck to you, I hope you hear the good news! be sure to keep us updated!
> 
> I faxed my appeal in on February 28th, had no contact from them at all after that so then emailed them on march 30th, they replied April 2nd saying that the ECM had until August 13th to contact them in regards of my appeal.
> 
> ...


thank you very much jessika! i wish the same for you i hope very soon you get the good news and you and your daughter join your husband to live happily ever after !!
i am glad you heard back from the new york consulate...now you are in line with me for another wait! this wait is really tough..before my refusal my whole wedding was planned in uk and we had to cancel out every thing!!i was simply not expecting the refusal as i thought my case was geniune..now i know that is not enough!!its been a long way since the refusal.and a very long wait!.
since i have got the email i literally keep checking my inbox all day! i wonder if Olympics is the reason the consulate is working so slow!( 9 days processing of fresh visa application)?
why was your visa refused in the first place?..i am sorry i have not read your ealier posts.although it does not matter now as you now know your appeal is with the consulate but did you not get the notice of receipt from the tribuanl after you faxed your appeal?
i sure will update my status as soon as i hear from them! best of luck


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## Joppa (Sep 7, 2009)

refusedvisa said:


> thank you very much jessika! i wish the same for you i hope very soon you get the good news and you and your daughter join your husband to live happily ever after !!
> i am glad you heard back from the new york consulate...now you are in line with me for another wait! this wait is really tough..before my refusal my whole wedding was planned in uk and we had to cancel out every thing!!i was simply not expecting the refusal as i thought my case was geniune..now i know that is not enough!!its been a long way since the refusal.and a very long wait!.
> since i have got the email i literally keep checking my inbox all day! i wonder if Olympics is the reason the consulate is working so slow!( 9 days processing of fresh visa application)?
> why was your visa refused in the first place?..i am sorry i have not read your ealier posts.although it does not matter now as you now know your appeal is with the consulate but did you not get the notice of receipt from the tribuanl after you faxed your appeal?
> i sure will update my status as soon as i hear from them! best of luck


Nothing to do with Olympics.
People are panicking about the proposed change to family migration rules, due possibly in June, and are trying to beat the deadline for application under present regulations.


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## refusedvisa (Mar 27, 2012)

Joppa said:


> Nothing to do with Olympics.
> People are panicking about the proposed change to family migration rules, due possibly in June, and are trying to beat the deadline for application under present regulations.


oh i see..thanks joppa for the information!


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## jessika (Jan 6, 2012)

refusedvisa said:


> thank you very much jessika! i wish the same for you i hope very soon you get the good news and you and your daughter join your husband to live happily ever after !!
> i am glad you heard back from the new york consulate...now you are in line with me for another wait! this wait is really tough..before my refusal my whole wedding was planned in uk and we had to cancel out every thing!!i was simply not expecting the refusal as i thought my case was geniune..now i know that is not enough!!its been a long way since the refusal.and a very long wait!.
> since i have got the email i literally keep checking my inbox all day! i wonder if Olympics is the reason the consulate is working so slow!( 9 days processing of fresh visa application)?
> why was your visa refused in the first place?..i am sorry i have not read your ealier posts.although it does not matter now as you now know your appeal is with the consulate but did you not get the notice of receipt from the tribuanl after you faxed your appeal?
> i sure will update my status as soon as i hear from them! best of luck


that's super sweet, thank you!! I wish you the very same! 

I was denied because of not enough proof of finances showing we could support ourselves without recourse to public funding. I qualified for all other 4 / 5 immigration rules. appealed with new sponsor, including their bank statements, etc. just really sad because may 2nd will be four years we've been married.. 

I didnt receive a letter after faxing in my appeal. they told me they mailed me out a 'notice of pending appeal' and all my documents to new york. which is when I found out about the ECM's deadline. when they responded to my email (the same day).

that's horrifying that you had to cancel your entire wedding and everything! I'm so sorry. 

I know people try and cheat their system, which is why everything is so strict and overwhelming. just really sucks for people who only have purely genuine intentions and want to be with their loved one. like us ):


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## ElaineUSAUK (Apr 19, 2012)

*Visa Approvals*

Congratulations on your visa approval! I practiced U.S. immigration law for over a decade, and prepared my daughter's and my spouse/dependent visas for Leave to Enter the UK, and they were approved-- but what I was always aware of during this experience, was that you always may get that hardest administrative officer... so, if people have a clean case, meaning bona fide, a case that is prima facie approvable, then it would always come down to evidence! If applicants did not meet the burden of proof in an application, they could not add documents on appeal-- but they could refile with new, more and better evidence. It's always best to have the most documentation and evidence the first time-- especially where there are "custody" and "support" issues, or finances. I even used DNA on cases where the documentation from a country wasn't there. People had to go back and get court orders and letters in those tougher cases. It can depend on who you get... and refiling the entire petition (US and UK!) with much stronger evidence... (instead of appeals-- you really were fortunate), can end up with a denied case, quickly approved. Sometimes in the U.S., a request for evidence RFE would be sufficient for the additional evidence and approval without more procedure. Anyway, that's wonderful that you have your visa sorted! Cheers.


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## eby82 (Dec 2, 2012)

congrats to u. i really wish i could be like u. I am really worried, don't know if anyone could be of help to me. i I applied for my spouse visa in January<2012 and was refused in February and given a chance to appeal. I met my spouse in February, 2010 we got married September, 2011. Although wen we met he told me he was married but was having problems with his ex-wife and that they were going for a divorce. They are both based in the Uk, they finally got divorced in May, 2011 in a Nigerian court because they are both Nigerian Nationals. i was refused on the following grounds: 
1. The divorce proceedings being held in Nigeria, even though it is allowed based on Under the Family Law Act 1986 an overseas divorce obtained by means of judicial or other proceedings is recognised in the UK only if:

it is effective under the law of the country in which it was obtained; and
at the relevant date (that is, the date on which proceedings were begun), either party was either habitually resident or domiciled in that country or was a national of that country.



2. In our marriage certificate there was a mistake of my spouse not being addressed as a divorcee but as a spinster

3. That we meeting twice a year is not sufficient

4. The call records and means of communication which we submitted not being sufficient

i have since appealed against the decision by including additional documents including, the law about the validity of the overseas divorce, a written letter from the officiating minister that conducted the marriage stating that the mistake on the marriage certificate was their fault (an honest mistake on their part), additional means of communication and from March till now my Husband has come home to see me two times and recently became a British National. I have been given a hearing date for 10th January,2013. My question now is What are my chances of getting a decision in my Favor and how soon because am Pregnant and expecting in May. I miss my husband so much and cant imagine having my baby here in my husbands absence. please i need an urgent reply cause am getting anxious and i don't think it's good for my unborn child


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## refusedvisa (Mar 27, 2012)

I am not an expert in this . But from my personal experience I would recomend providing them with as many proofs as you can. Because my visa was refused on one similar ground. But when I re applied I provided them in detail all I could about my marriage. In a story like manner from the day we got engaged/ married till the date I applied. I provided them with about 150 pictured, our almost daily email screen shots, land line phone records marked with calls between us , skype logs , plane tickets and hotel bookings . Don't leave any stone unturned. Provide them with wahtever you can.also it is said to be better to re apply rather than appeal if you want a decision quickly.As far as divorce matter is concerned I have no idea how it works. Hope some one else can help you. Best of luck!


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