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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6467
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi My son is a UK citizen and is going to get married

Resolved Question:

Hi

My son is a UK citizen and is going to get married in UK. Unfortunately his fiancé received a refusal of entry clearance which is confusing and difficult to interpret (please see below the details). What is the best approach to (appeal) follow this case?
Many thanks

REFUSAL OF ENTRY CLEARENCE

You have applied for an entry clearance as a marriage/CP visitor in the United Kingdom for 42 days. I have considered your application against paragraph 56D of the immigration Rules. You can read theses rules at www.ukba.homeoffice.gov.uk/policandylaw/immigrationlaw/immigrationrules
Any documents you have supplied in support of your allocation have been considered and recorded. It has not been necessary to interview you in order to reach a decision on your application.

The decision

On your application you have stated that you are un-employed and financially reliant on your father. You have not provided any satisfactory evidence of income, saving and your personal circumstances in Iran. Furthermore, you have not supplied any information regarding your father’s personal and financial circumstances. I have also noted that you have not indicated anyone being reliant on you in Iran and I have noted that your long term intension is to settle in the UK. Given your personal circumstances, I am not satisfied that your intension are genuine in wishing to travel to travel to the United Kingdom now. I am not satisfied that you have genuinely seeking as a marriage visitor or that you intend to leave the United Kingdom at the end of the period of the visit as stated by you. 56D(i), 41(i)(ii)

You have not provided any evidence of your personal and financial circumstances. As a result I am not satisfied that your circumstances are as you have indicated, or your intentions is wishing to travel to the United Kingdom at the end of the period of the visit as sated by you. 56D(i), 41(i)(ii)

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the above paragraph(s) of the Immigration Rules.


Your right of appeal

Your application does not attract full right of appeal under 82(1) of the Nationality, Immigration and Asylum Act 2002. Your right to appeal is limited to any or all of the grounds referred in section 84(1)(b) and (c) of the Nationality, Immigration and Asylum Act 2002 namely:

(b) the decision is unlawful by virtue of section 19B of the Race Relations Act 1976 (c.74) (discrimination by public authorities);
(c) that the decision in unlawful under section 6 of the Human Rights Act 1988 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convection rights.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Was it intended that your son's fiance come her to marry and then return to iran?

Or was she to stay here?

Tom
Customer: replied 3 years ago.

Hi

She intended to come here in UK to marry and then returned to the country where she got the visa and apply for settlement visa.

Expert:  Thomas replied 3 years ago.

Hi,


1. Did she instruct a solicitor to prepare the application?

 

2. Did she enclose supporting evidence showing the monies available to her to support herself whilst her for that period?

 

3. What supporting evidence did she enclose to substantiate that she was to marry your son? (eg. correspondence, evidence of booking a venue, wedding invites etc)

 

Kind regards,


Tom

Customer: replied 3 years ago.
Hi

Q1: No
Q2: letter of support from her parents
Q3: evidence of booking a venure (marriage appointment letter)

Expert:  Thomas replied 3 years ago.

Hi,

 

1. So no financial records showing money available to her were submitted, just a letter of support?

 

2. Was the letter of support a document sworn by an attorney, or just a simple letter drafted by her parents?

 

3. Did she and/or your son submit witness statements in support of the application?

Kind regards,


Tom

Customer: replied 3 years ago.

Hi

 

Q1: yes just a letter of support from her parents.

But I and my wife both UK citizens submitted a strong letter of support ,3 months bank statements and pay slips .

 

Q2:Just a simple letter drafted by her parents.

 

Q3: my sun submitted his UK citizenship letter and his 3 months bank statements.

+ submitted a marriage appointment letter from our registration district.

 

Regards

Expert:  Thomas replied 3 years ago.

Right.


Dealing firstly with the passage on appeal. They have not granted her a right to appeal except on those grounds stated. It does not sound as if she has been discriminated against. The UKBA would argue that her Human Rights have not been discriminated against because she is still free to make a further application remedying the defects. You could attempt to argue that her rights have been discriminated against but you would need a lawyer to do this for you and I don't really think you have good grounds. It would also take a fairly long time with no guarantee of success.

 

I would advise you to make a further application for a marriage visa remedying the defects yourself and instructing a solicitor to prepare the application for you for resubmission. This will be the quickest way of getting her visa in my opinion.

 

In particular there you should remedy the defects by doing the following things:-

1. If she has funds in her account it is much more likely to be accepted by the UKBA that she meets the crtieria to be able to financially support herself during her stay. Either you or her parents could transfer a sum of money in to her account asap so that she can show the UKBA she can cover the costs of her stay.

 

2. You should ask a solicitor to draft and execute a sponsorship declaration executed by you and your wife explaining the situaiton emphasising that it is a visit only for the purpose of marrigae and you understand that she must return. You should state that you will cover the unforeseen expenses of her stay if any arise and shall provide rent-free accomdoation during her stay (if you will). Bank statements should be referred to and attached.

 

3. Her parents should also executed a sponsorship declaration again stating that they expect her to return to Iran following marriage and that they shall also cover the costs of unforeseen expenses. Your solicitor will be able to research and tell them where they need to go to have this legalized. Bank statements and copy passports to be attached.

 

4. Your son and his fiancee must both execute detailed statements confriming that they are to marry here but that she is to return home. They must both state that they are fully aware that it is not an option for her to seek to secure leave to remain here whilst on a marriage visitor's visa and that any attempt to do so would be rejected immediately and viewed as a deception whcih they understand can prejudice any future application she chooses to make. Attach evidence of a return flight ticket to Iran, or booking informatoin.

 

5. They shoudl submit any correspondence they have which substantiates there planning to marry during the visitor. This can be emails, text messages anything in documentary form between the two which refers to their impending marriage.


Provided she has enough funds in her account to cover the costs of her stay and the above defects are remedied with supporting documentation then she should be granted a visa.

 

You can find immigration solicitors in your area by using:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

Customer: replied 3 years ago.
Hi

In your answer, you are suggesting to make a further application for a marriage visa.

Do you mean MARRIAGE VISITOR (VAF1F) application, the one we completed last time or any other application, please specify.

As I understand you are not suggesting to fill out the appeal form (IAFT-2).

Regards

Expert:  Thomas replied 3 years ago.
Hi

Sorry, yes a marriage visitors visa if she is only to marry here and then return to Iran with aview to making a subsequent application for settlement as the spouse of a uk national.

The form you refer to for this is correct.

In my view it would be quicker to submit a fresh application than to appeal and probably cheaper as you would have to instruct a solicitor and counsel to act on appeal.

Trust this clarifies, if so please click accept.

Kind regards

Tom
Customer: replied 3 years ago.
Hi,

As far as UK embassy is concerned is it acceptable to submit a new fresh application considering our application has been rejected recently.


Regards
Expert:  Thomas replied 3 years ago.
Hi,

Yes, that's perfectly fine. There is nothing that prevents a person from reapplying

Please click accept.

Kind regards
Tom
Thomas, Solicitor
Satisfied Customers: 6467
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
OK Thanks
Expert:  Thomas replied 3 years ago.
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