My Fiances (fiancee) visa was refused

[yellowcloud]

You seem to have been refused in only 1 area in that they are not satisfied that you are not party to a marriage of convenience.

Do you think thats a good thing we have only been refused in one area? as opposed to more, so we have to prove in appeal that we are a genuine couple?

Have you Met

Yes we have, we spent a short holiday together in France. As she couldnt get a vistors visa for the UK and I can not travel well because of some medical conditions I have.

How many Times

Would have been many many times if she hadn't been refused a UK vist visa but as I can not travel almost at all, the most I have been able to do is get to France and have a short Holiday together there. The requirements are to have only met at least once though and I was reading about people who were approved with an arranged marriage who had only met once too?

This is what the laywer wrote in the letter to the ECO.

Paragraph (iii) Intention to live together as husband and wife after the marriage
Our client and her partner intend to live together after the marriage in the UK as husband and wife. This is clearly evidenced by their supporting letters and the supporting letters from their families (pages 1,2,5-6 and 74) . Further evidence of their intentions and commitment to one another can be seen from their contact with each other in the form of telephone calls, emails and
skype conversations (pages 108-213).

The case of Goudey (subsisting marriage – evidence) Sudan [2012] UKUT 00041 (IAC) confirms that the decision maker must have due regard to the evidence in the application form and submitted in support of the
GA (“Subsisting” marriage) Ghana * [2006] UKAIT 00046; [2006] Imm AR 54. That case states that the rules only require that there is a real relationship as opposed to the merely formal one of a marriage which has not been terminated. It states “where there is a legally recognised marriage and the parties who are living apart both want to be together and live together as husband and wife, we cannot see that more is required to demonstrate that the marriage is subsisting and thus qualifies under the Immigration Rules”. Whilst the case relates specifically to marriage cases the principle is equally applicable to the requirements to live together as husband and wife after the marriage in a fiancée application.


The ECO wrote as follows

I am not satisfied that you and your sponsor are not party to a marriage of convenience to facilitate your entry into the United Kingdom and I am not satisfied that you and your sponsor are in a subsisting relationship or that you intend to live together permanently with your sponsor after the marriage (i) (iii)

Did you supply photographs of you together.

Yes we supplied 8 of us together and with her sister, cousin.

We met last in April

The ECO also states

We need to appeal but does anyone know the right appeal form that we use for me to appeal in the UK please? Anyone have a link?

[Terpe]

........We need to appeal but does anyone know the right appeal form that we use for me to appeal in the UK please? Anyone have a link?

It's your fiancee who will appeal.
She will be sent a formal notice of refusal together with the form and the instructions.
The appeal must be lodged within the timeframe mentioned.

A letter from your fiancee to the Embassy for the attention of the ECM requesting a reconsideration is always a good idea too. Some consider in a bit 'belt and braces' but oftentimes can yield a good outcome.
The letter will need to clearly state why the judgement of the refusing ECO is in error.