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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My husbands UK spouse visa has been rejected recently on grounds

Resolved Question:

My husband's UK spouse visa has been rejected recently on grounds that we hsv not met with each other for almost a year and a half and they doubt my sons paternal relationship with my husband even though Ihave provided original birth certificate of my son. I was pregnant 1 month before I left my husband (january 2013)and gave birth to my son on September 2013. We keep in touch through Skype and lycamobile phone call and texts I cannot call him very often because I am a carer for my bed bound grandmother and I look after my son when I am not at work.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

What evidence did you provide of your mother's illness and you being the carer?

Did you provide evidence of the skype\lycamobile and texts?

Kind regards


Tom

Customer: replied 2 years ago.

Its my grand mother and I gave proof of carers allowance that I receive and I did provide Skype account details(my husband contacts me through another persons Skype account)/ lycamobile itemisied bill was provided by myself to them.

Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

Drafting your answer now. 5 mins please.

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your patience.

It appears that they are rejecting the application on the basis that they have doubts over the credibility of the relationship because you have been physically separated for a considerable time.

I would think that if you have provided the itemised records of all the skype/lycamobile conversations and all text messages then this woudl be accepted, but appararently it has not.

If you have not provided itermised records of these then I would start getting them now.

The birth certificate should be enough to prove your husband is the father of the child provided that it notes your husband as the father of the child on the certificate.

As to your mother you will have to explain the condition that you have and the role that you have adopted in becoming her de factor carer. Regrettably with the Home Office, you really have to spell it out for them.

If you are able to provide the documentation that I have referred to above then you will stand a good chance on appeal. Rejections based on the credibility of the relationship and open to a bit more interpretation. Your evidence will get a much better and fairer hearing on appeal and you will likely be sucessful.

You will have to draft a detailed statement confirming the above and explaining why it's not been possible to live together and adding some emotional detail to your relationship to show that it is more than what is merely evidence by the itemised phone calls.

Kind regards,

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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