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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7609
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Spouse Visa Refusal

Customer Question

Spouse visa is refused, for 3 reasons.

1. You didn't submit sponsor's previous marriage divorce certificate.

The sponsor was married in the past and the marriage was ended in divorce. The sponsor didn't initiate the sponsor application in previous marriage.

We can provide them certificate. We didn't send certificate originally because it was not written in the guide.

2.You submitted several utility bills didn't provide tenancy agreement

We can provide them tenancy agreement. We didn't send tenancy agreement  originally because it was not written in the guide.

3. You didn't copy of passport showing entry back in UK.

We provided copy of passport showing entry stamp in my home country in the original application but we can provide them copy of passport showing entry back in UK.

Shall we appeal or submit fresh application?

If we appeal how likely the decision can be overturned by ECM as we can provide all the documents?

Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Has the application been made inside or outside the uk?
Kind regards.
Tom
Customer: replied 2 years ago.

Hi,

Thank you for your reply.

The application has been made outside the UK.

Regards

Expert:  Thomas replied 2 years ago.
Hi
I will be able to answer shortly.
Expert:  Thomas replied 2 years ago.

Hi

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
On appeal you can only use evidence which was actually in existence at the time of the original application. If all the evidence that you refer to was already in existence when you apply then in theory you have a very good case to appeal.
However, out of country appeals take a long time to hear. Generally for the day to submit your notice of appeal you can expect for it not to be resolved until at least 6 month afterwards. Sometimes it can be considerably longer.
On appeal you would also have to instruct a barrister to act on your behalf so you would have to pay their fees.
The alternative, as you have mentioned is to submit an entirely new application correcting the errors the advantage with this is that it would probably be quicker than an appeal but obviously there is an application fee to pay but you may find that offset against the legal fees that you would pay for a barrister on appeal. It would still be possibly slightly more expensive.
Ultimately it is a decision for you. If i were in your position though i would probably submit a fresh application.
Kind regards.
Tom
Customer: replied 2 years ago.

Hi,

Thank you for your reply.

In the original application we mentioned about the sponsor previous marriage but didn't submit certificate. If we submit certificate in appeal, will they consider it new evidence or consider it as proof of our information submitted in the original application?

In the original application we mentioned that the sponsor is renting flat , submitted utility bills but didn't submit Tenancy agreement. If we submit Tenancy agreement in appeal, will they consider it new evidence or consider it as proof of our information submitted in the original application?

In the original application we submitted the copy of passport showing entry in home country where my spouse live, copy of boarding passes, copy of e-ticket, but didn't submit copy of entry stamp showing entry back in UK. If we submit copy of entry stamp showing entry back in UK in appeal, will they consider it new evidence or consider it as proof of our information submitted in the original application?

Regards

Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience
I will be able to answer at 9am
Kind regards
Tom

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