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Thread: Please advice me how to appeal.

  1. #1
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    Please advice me how to appeal.

    Hello,

    The Notice of Immigration Decision:
    You have applied for entry clearance to marry and settle with your British fiance. You have provided various documents in support of your application which I have considered in reaching my decision. In order for you to qualify under this category you must demonstrate that you are seeking leave to enter marriage to a person present and settled in the UK. I acknowledge that you have submitted evidence of maintenance and accommodation together with evidence of contact with your partner. You have stated that you intend to marry your partner soon in the UK. I acknowledge that you have submitted your engagement ring receipts. However, [COLOR="rgb(139, 0, 0)"] you have not provided satisfactory evidence to suggest that wedding arrangements have been made in the United Kingdom. I am therefore not satisfied that you are seeking leave to enter the United Kingdom for marriage or civil partnership to a person presented and settled in the UK as required by paragraph 290 (i) of the immigration rules. [/COLOR]

    Please help me... advice me what to do now. I asked my fiance to have a NOtice of Marriage but they need to have my appearance in UK of 9days before we applied. How come...? I am here in Philippines.

    Is there any useful proof of evidence to show our sincere plan...? Please advice me what to do. And what is best to do to have a visa... My fiance was so upset....



  2. #2
    Moderator joebloggs's Avatar
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    SET1.18 What evidence is required of marriage arrangements?

    The ECO needs to be satisfied that it is intended that a marriage in the UK will take place.

    The law relating to marriage in England and Wales does not allow for any arrangements to be made with a Registrar until the foreign national has arrived in the UK. Of itself, a booking at a Register Office or church is not proof that a marriage will take place.

    The ECO can reasonably expect the couple to have made some tentative plans for the wedding. Any evidence that may be available that wedding arrangements are in hand may help in this respect.


    http://www.ukba.homeoffice.gov.uk/po...set1/#header18

    another refusal, when you've got your visa, you have nearly 6 months to get married
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  3. #3
    Respected Member melovesengland's Avatar
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    It seems like ECO's nowadays got very small brain, no common sense, no consideration and IDIOTS. They refuse applicants with no such valid reason! How awful is that?


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    I gave them all the document to show to them that my fiance is financially stable even without using money from the government. I have no baggage. I am single and my fiance is a widow. No responsibility to all his kids because all have there own work and profession with their own family.


  5. #5
    Respected Member Leen's Avatar
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    i think it's not fair for the applicant to have a refusal just for a minor problem,cant they do something about it or be more lenient with their decision?spending 800 pounds and got a refusal is crazy.im so sorry to hear about your refusal shevon,this makes me more afraid to apply and waste my hubby's money


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    Yes Leen, I feel so depress. I gave all the document needed except that Notice of Marriage because I can't apply and have that papers because I am 8,000miles away from UK. But we actually planning to do so when I get there in UK. And they need me to stay at least 9 days in UK before we are going to apply a Notice. And how can I do that....? How can I proved to them? They need evidence... They acknowledge the receipt of my engagement ring but still they are not satisfied with the evidence. Until now, I really don't know what to do.

    But I have heard there is two option in appeal decision; Oral hearing and paper. I am thinking about an Oral hearing so I will tell them or my Fiance talk to them the situation so they understand before they decide to refuse me again.

    That is my plan... now, my fiance try to have the booking from register office then I apply Appeal. Have the Oral Hearing.... then God knows the rest. At least we tried our best. Or else, may be God don't want us to build a family in UK. If that so..... I will love and take care my fiance here in Philippines and let him enjoy my simple way of enjoying life.

    I just put in mind that EVERYTHING HAS A PURPOSE. NEED TO BE STRONG SO THAT MY PARTNER WILL GET STRENGTH FROM ME...


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    she-von, so sorry to hear about your visa refusal.

    It seems to me to be a very weak case for refusal and I suggest you follow carefully all the paperwork and instructions for an appeal.
    Please be very sure to stay within the given time limits.

    The ECO's should know very well the limitations on submitting evidence of intent to marry. I feel you may have been very harshly treated and very unfairly treated.
    As such I suggest you also prepare and send a letter to the British Embassy for the attention of the Entry Clearance Manager requesting a reconsideration of the ECO's decision.

    What evidence did you submit relating to the wedding?

    As mentioned, the ECO should be aware that the law relating to marriage in England and Wales does not allow for any arrangements to be made with a Registrar until the foreign national has arrived in the UK. Of itself, a booking at a Register Office or church is not proof that a marriage will take place.
    However the ECO can expect that you actually made some tentative plans for the wedding.
    Any evidence at all, however small, that's available to show that wedding arrangements are in hand will help.

    Did you include any facebook messages, e-mails or texts that specifically refer to wedding plans?
    Any quotations for venues/cakes/transportations etc?

    Finally, do remember that appeals can take a long time to happen.
    Also that having been previously refused a visa does not prevent you from making any further applications. Each application is reviewed on its own merits and on the supporting evidence supplied at the time.

    Did the ECO give any other reasons for refusal?


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    Respected Member smileyangel's Avatar
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    I feel really very sorry to hear about your visa refusal. I too, applied for fiancée visa 5 weeks ago but still no decision has been made yet. I have reasons now to worry if they will consider the email we sent to the Gloucesterhire Registry office when we inquire if it is possible to get bookings, though I am not in the country yet. Fortunately, they said they can provide us provisional ceremony booking and they also stated in their reply that they can send a letter with Gloucestershire County Council logo if that is what the authorities (Embassy people) wish to see perhaps. Me and my fiancé thought its the least effort we can do to show them that we really intend to marry in UK. We provided 2 provisional ceremony bookings since the first one was out dated already because we have submitted the application later than we expect to lodge it. We also submitted the receipt they provided us. I really hope they will consider that since it’s the only evidence we got for wedding arrangements in UK. We did not book or even inquire to get quotations for receptions, cakes, wedding invites etc . because we plan to just have a simple wedding. Please keep the faith in God, be strong. I know you can surpass it and just be positive all the time. Goodluck!


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    I'm losing hope...:( I am really upset. My tears just fell just thinking about it. Is it because I am a Filipina and I live in a poor country....?


  10. #10
    Respected Member malchard888's Avatar
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    Quote Originally Posted by smileyangel View Post
    I feel really very sorry to hear about your visa refusal. I too, applied for fiancée visa 5 weeks ago but still no decision has been made yet. I have reasons now to worry if they will consider the email we sent to the Gloucesterhire Registry office when we inquire if it is possible to get bookings, though I am not in the country yet. Fortunately, they said they can provide us provisional ceremony booking and they also stated in their reply that they can send a letter with Gloucestershire County Council logo if that is what the authorities (Embassy people) wish to see perhaps. Me and my fiancé thought its the least effort we can do to show them that we really intend to marry in UK. We provided 2 provisional ceremony bookings since the first one was out dated already because we have submitted the application later than we expect to lodge it. We also submitted the receipt they provided us. I really hope they will consider that since it’s the only evidence we got for wedding arrangements in UK. We did not book or even inquire to get quotations for receptions, cakes, wedding invites etc . because we plan to just have a simple wedding. Please keep the faith in God, be strong. I know you can surpass it and just be positive all the time. Goodluck!
    WE provided the ECo with nothing tangible as like yours its would only be a simple wedding with just close friends and family but my local registry office wouldnt give us anything in writing to say I had even enquired. Anyway the bottom line is the ECO did issue a fiance visa based I can only assume on my submission and how I worded it so I am at a loss as to why Shevon has had such a terrible and unfair refusal.


  11. #11
    Moderator joebloggs's Avatar
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    Quote Originally Posted by malchard888 View Post
    so I am at a loss as to why Shevon has had such a terrible and unfair refusal.
    ECO using their discretion or a change in government guidance?

    why doesn't UKBA publish a list of evidence they will accept ? not just for this but also other visa's - the classic 'on the balance of probabilities i dont think you will return before your visa expires' - surely the ECO should list the reasons why they dont think you will return, because if they can list any, then they dont have a reason for refusal, or in your case list the reasons why they dont think you will get married
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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    Quote Originally Posted by Terpe View Post
    I feel you may have been very harshly treated and very unfairly treated.

    Yes. As some of our football pundits might say, "that was a very harsh decision". I stilll think there is scope for a verification system at the UKBA to ensure fairness between cases. Lord knows, we pay enough to justify that.


  13. #13
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    I had post the whole decision paragraph regarding my application. :-( I want to solved it and get the document they need just to be proved my sincere intention. But how can I? What should I do? I got 28days only to file an APPEAL. But how can I apply such thing that I don't even understand and don't know how. WE don't plan for a great big wedding party that need to book for church and receptions. Just a simple wedding be held in Register's office. Please advice me....? Please tell me what to do...? My fiance need me.... I am his life. I have no other dream but to see him everyday and spend life together. It's hard also that I stay here in Philippines and his in UK working... what's the essence of building a family via satellite? huhuhu :-(


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    Firstly, I would strongly suggest to send a letter to the ECM at the British Embassy requesting a reconsideration of the decision as it's not possible to provide definitive proof of your forthcoming wedding.
    The Fiancee visa has a validity of 6months and during this time you will be having a simple wedding.

    Secondly, you MUST lodge your appeal within the given timeframe. Just base your appeal on the reasons given above in the letter to the ECM.


  15. #15
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    she-von,

    Did your fiance write a letter supporting your application, and outlining the relationship? saying how you met how the relationship started etc. and highlighting important events and meetings between yourselves. The times you met face-to-face, some things you did together and why you want to marry, plans for the future and where you will live and how you will support yourselves.

    Some people will include a sentence that although wedding arrangements had been investigated bookings would not be made until the fiance(e) arrived into UK
    so that the decisions could be taken together.

    Some others will actually include provisional booking at the registry office, and included quotes for flowers, reception, incl venue and food and drink, and hotel stay etc.
    All these quotes and/or contacts with service providers at least show that you have been looking into arrangements.

    You don't have to have anything confirmed.

    Usually though, with an all round strong application, the evidence of venue bookings etc. would not have that much of a bearing.


  16. #16
    Respected Member smileyangel's Avatar
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    Quote Originally Posted by malchard888 View Post
    WE provided the ECo with nothing tangible as like yours its would only be a simple wedding with just close friends and family but my local registry office wouldnt give us anything in writing to say I had even enquired. Anyway the bottom line is the ECO did issue a fiance visa based I can only assume on my submission and how I worded it so I am at a loss as to why Shevon has had such a terrible and unfair refusal.
    I hope I can be lucky too like you Malchard, as they say it's a case to case basis and depends on the proofs and evidences you have submitted not to say the authorities who will review it and unfortunately She-von's docs has been reviewed by a non-considerate and heartless person from the embassy


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