kariboi101

Hi guys I must sadly report that my application has been rejected on the basis that the relationship between my wife and I is not genuine and subsisting, as well as lack of proof that my wife and I intend to live together.

I have put Skype, Whatsapp, and Couples app message logs for the last 3 years, flight itinerary for trips we have taken over the last 3 years we have been together, hotel bookings, pictures of vacations we have taken together with her and her family, Ripley's Museum pictures, Lion King ticket stubs, boarding passes, marriage certificate, supporting letters and some other things.

In relation to living together, we intend to live with her mom just the 3 of us, so I have supporting letter from her mom, her mom's property ownership documents, utility bills, letter from the council certifying that the house meets the statutory requirements to house me, pictures of the exterior and interior of the house and some other things. My wife and I have even outlined our future plans in our supporting letters.

I am really at a lost as to what more I could have done, so I would greatly appreciate any guidance or advice. Thanks in advance.

SanDiegogirl

Please either scan in your actual refusal letter (so we can determine the reason for refusal) or type out the actual reasons for refusal.

If you presented such evidence it is difficult to determine why you were refused or what to suggest.

kariboi101

Ok the reason for refusal is as follows:

As part of an application for entry clearance under Appendix FM you are required to provide a fully completed Appendix 2 financial requirements form. You did not provide this form with your application. The Appendix 2 form contains important questions regarding your application, particularly the financial requirements and it is essential that it is fully completed if you are to demonstrate that you meet the criteria of Appendix FM. As you have not provided the Appendix 2 I am not satisfied that you meet these criteria.
I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules. (E-ECP.2.6 & 2.10)

I have since had a look at E-ECP.2.6 & 2.10 of the Immigration Rules and they relate to the relationship between the applicant and their partner being genuine and subsisting, and the applicant and partner intending to live together permanently in the UK respectively. As such, I am at a lost in the circumstances as to what more proof I could have provided to satisfy the stated reasons for refusal, so any guidance and advice if possible would be greatly appreciated.

Dorothy

It clearly says that you have not provided the financial requirements form. It says nothing about your relationship, only financial.

kariboi101

I did provide the Appendix 2 financial requirements form, but as you can see from the bolded letters the Entry Clearance Officer clears cites the particular Immigration Rules that were the basis for the refusal which are E-ECP.2.6 & 2.10.

This is the entire section taken from the Immigration Rules:

Section E-ECP: Eligibility for entry clearance as a partner
E-ECP.1.1. To meet the eligibility requirements for entry clearance as a partner all of the requirements in paragraphs E-ECP.2.1. to 4.2. must be met.

Relationship requirements
E-ECP.2.1. The applicant’s partner must be-

(a) a British Citizen in the UK, subject to paragraph GEN.1.3.(c); or
(b) present and settled in the UK, subject to paragraph GEN.1.3.(b); or
(c) in the UK with refugee leave or with humanitarian protection.
E-ECP.2.2. The applicant must be aged 18 or over at the date of application.

E-ECP.2.3. The partner must be aged 18 or over at the date of application.

E-ECP.2.4. The applicant and their partner must not be within the prohibited degree of relationship.

E-ECP.2.5. The applicant and their partner must have met in person.

E-ECP.2.6. The relationship between the applicant and their partner must be genuine and subsisting.

E-ECP.2.7. If the applicant and partner are married or in a civil partnership it must be a valid marriage or civil partnership, as specified.

E-ECP.2.8. If the applicant is a fiancé(e) or proposed civil partner they must be seeking entry to the UK to enable their marriage or civil partnership to take place.

E-ECP.2.9. Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules.

E-ECP.2.10. The applicant and partner must intend to live together permanently in the UK.

Maybe I have misunderstood the reasons, but that was my understanding.

spouse of scouse

Looks like the person assessing should have referenced E-ECP 3, not 2, since he/she was basing the refusal on not showing evidence of meeting the financial requirements.

So there's a stuff up for a start - the other one is saying you haven't supplied Appendix FM if you actually have. When you received your documents back along with the refusal letter, was the Appendix FM included?

I'm so sorry this has happened to you. I have to say, it's now refusal number three that I've seen in the last couple of weeks which appear to be due to mistakes by the person assessing the application, not due to any mistake or fault of the applicant. I don't know how to fix it or what your next steps should be, but I'm sure someone else will be along to comment. Try to keep your chin up (I know, easier said than done)

SanDiegogirl

If you did, indeed, provide Appendix 2 with your application then you should ask for an administrative review.

https://www.gov.uk/ask-for-a-visa-ad...outside-the-uk

The refusal letter will provide details as to whether you can appeal.

Apart from financial details, Appendix 2 also provides information as to the relationship of the applicant to the sponsor, with history, current status etc.

If the Appendix 2 was not received by the ECO then the ECO would not have had sufficient evidence of your relationship.

kariboi101

Yes Appendix 2 was included in the return package. Thank you for the encouragement.

kariboi101

Ok thank you I would look into this straight away, and hopefully it was an oversight on the part of the person who initially reviewed my application.

kariboi101

@SanDiegogirl Ok thank you I will look into this straight away and hopefully it was an error by the person who initially looked at my application.

spouse of scouse

From the two other cases I mentioned, one is currently undergoing an administrative review, and the other applicant is re-applying.

I wish I could say something to make you feel better, all of us who've waited for 'the letter' dread something like this happening. SanDiegogirl and Brit in Paris are two extremely knowledgeable and helpful BE members, if a similar thing had happened to me I'd take great heed of their suggestions.

I'll keep my fingers crossed for you and your wife

kariboi101

Thanks this has been a stressful ordeal for my wife and I, but you have to do what you have to do. Thanks again you guys have been informative and very responsive.