My Fiances (fiancee) visa was refused

[yellowcloud]

I am not satisfied that you and your sponsor are not party to a marriage of convenience to facilitate your entry into the UK. I am not satisfied that you and your partner are in a subsisting relationship or that you intend to live permanently together after the marriage.

I have considered your application under article 8 ECHR. I am reminded that the UK is entitled to control the entry of Foreign nationals into its territory and is not obliged to give effect to the choice a couple make as to where the wish to live. You have provided no evidence there are insurmountable obstacles to prevent your sponsor from relocating to your home country to enjoy family life or to continue visiting to you there. I am not prepared to accept that Article 8 (1) is engaged. Even if it is, I do not accept this decision constitutes interference with Article 8, as this is a qualified right. Your Fiancée can continue to visit you and contact you and this decision does not interfere with such contact.
Additionally I am satisfied that this decision is justified and proportionate in the interests of maintaining an effective immigration control and the economic well being of the country.

I have therefore refused your application because I am not satisfied that on the balance of probabilities you meet all of the requirements of the immigration rules.

[travina]

I am not satisfied that you and your sponsor are not party to a marriage of convenience to facilitate your entry into the UK.

is it appropriate for the ECO to say this? as I came across a ukba rule a few months back stating something that if the ECO would use this to refuse an application that the ECO have to prove it and then the applicant would challenge it after its been proven by the ECO. not sure really but it sounded like that.

[joebloggs]

is it appropriate for the ECO to say this? as I came across a ukba rule a few months back stating something that if the ECO would use this to refuse an application that the ECO have to prove it and then the applicant would challenge it after its been proven by the ECO. not sure really but it sounded like that.

for 'marriage of convenience' yes they can and do, and its about the only reason they can use to refuse someone a Family permit but what evidence do they have to refuse her? they shouldn't be able to if they do not have evidence it is a 'marriage of convenience'

[yellowcloud]

Thanks all