# UK Tier 2 Partner Visa is Rejected



## priasda (Jan 31, 2015)

Hi,
I'm living in UK since May'10 and currently in Tier 2 General Visa.
I got married on 18th Jan and my spouse submitted her application and documents for Tier 2 General Partner on 20th Jan. 2 days letter we came to know that her application has been refused under section 319C (d) & (e) showing doubts on whether our marriage or relationship subsists.

1. Can you please advise whether I should go for an appeal? How long does it take normally
2. While the appeal is pending can she apply for a visitor visa?
3. Is it better & quicker to apply for a fresh visitor visa or tier 2 partner visa without going for an appeal?
4. If I appeal and go for an Oral hearing is it required to appoint any solicitor or being a sponsor I can act as her representative during the hearing


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## nyclon (Apr 3, 2011)

What exactly -type it out- did the refusal letter say?

Appeals can take up to a year.


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## priasda (Jan 31, 2015)

You are applying to join your husband as his Tier 2(General) Partner and paragraph. Paragraph 319C (d) and (e) state:
"The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made. The applicant and the relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK."
As evidence of your marriage, you have submitted wedding photographs and a wedding registration cetificate dated 18/01/2015. Whilst I acknowledge that your marriage took place, I am also required to be satisfied that your marriage is subsisting.
I acknowledge that your marriage may be a traditionally matched marriage and it is usual for this type of marriage to occur in Bangladesh but I must be satisfied that you intend to live with your sponor as husband and wife once you are in the UK. You have provided no evidence to show why you and your sponsor were matched by your families, an explanation as to why you both considered the union to be a good match.
If this is not a traditionally matched marriage then I would expect to see evidence of how you met, the development of your relationship and of your life together since marriage.
You have submitted no wedding photographs and or evidence of communication to prior to or after the marriage. Furthermore you have submitted no financial evidence of receiving any support since your marriage. This leads me to doubt that your sponsor has been maintaining you since your marriage.
In the absence of any evidence that your marriage is subsisting that that you have demonstrated that your marriage is subsisting or that you intend to live together as your sponsor's spouse throughout the applicant's stay in the United Kingdom.
I consider that you have not provided any satisfactory basis upon which I might assess your circumstances or the likelyhood of your intention being to leave the U.K on the completion of your proposed visit. I am not satisfied that you are genuinely seeking entry to the U.K for the period stated or that you intend to leave
I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all the requirements of paragraph 319C (d)(e) of the Immigration Rules.


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## Joppa (Sep 7, 2009)

Was it arranged marriage or not? You need to provide evidence that your relationship is genuine, you are committed to each other and intend to live together permanently. If arranged, you need to state why your and her parents thought it would be a good match, steps taken to get to know each other and photos and other evidence of a subsisting relationship. If it was love marriage, you need to show how you met, how you got to know each other and grew closer, factors that make your relationship special and enduring (such as shared faith, belief, philosophy, hobby and interest), any personality traits you admire and like in each other, plus evidence of on-going devotion like Skype, Whatsapp, texts, photos, travels etc.
You can appeal but it will be quicker to apply again with fresh evidence.


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## priasda (Jan 31, 2015)

Is it possible to appeal and then apply for visitor visa while the appeal is pending?
We have been communicating very extensively via facebook, whatsapp & google hangout. Whatsapp chat history would be thousands page long and mostly in non-English. I'm not sure how you can provide hard copy document showing fb chat & hangout video calls.
I am wondering why ECO mentioned we have submitted wedding photographs at first point and then contradicted the same later. Moreover why did he think that our marriage took place in Bangladesh. We are Indian citizen & marriage took place India.
I can reapply but will have to pay the huge fee again & more importantly I'm concerned if the previous rejection can play a part in deciding a new application and hence gets rejected again


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## Joppa (Sep 7, 2009)

You aren't answering my questions. Arranged or love marriage? Evidence of on-going devotion as I have described? Just choose samples of communications record without message content, translated into English, about 10-20 pages. If you appeal, it can take up to a year if ECM doesn't overturn the decision. You can apply for visit visa, but may not be granted as they may suspect you will overstay. Hence fresh application with new evidence.


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## priasda (Jan 31, 2015)

It was an arranged marriage. Came to know her from an online matrimonial site in Jan'14.Communicated via fb, whatsapp & hangout for few months. Travelled in Sept to meet her and fix the marriage. Travelled again in Jan for the wedding.
Is there any cooling off period before she can't(or shouldn't) reapply after rejection? Because I will need to return back to UK for work is it possible they can think we are living separately after Marriage(although because of their earlier decision) and hence doubt our relationship again.


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## Joppa (Sep 7, 2009)

No cooling-off period. If you had stated, and given evidence for, the things you've just mentioned, I'm pretty sure your application would have had a good chance of success. Just keep up your communications and use evidence for that to sustain your claim for on-going devotion.


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