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Discussion Starter · #1 · (Edited)
1. The Application
The appellant had sought entry clearance as a spousa The Entry Clearance Officer (ECO) decided that the appellant had not met all the requirements of Appendix FM of the Immigration Rules for the reasons set out in the attached notice of refusal.

2. The evidence provided to support the application
Following the refusal of the application, the refusal notice advised the appellant to submit any additionaE evidence they may have in order that the concerns mentioned in the notice could be properly addressed by this office. A list of the documents provided with the initial application and with the appeal is listed below:
Documents submitted with the apptication:

1. Visa Application form 2, Appendix 2
Documents submitted with the appeal:
tAFT*2
Grounds of appeat
c) Refusal notice
Sponsorship declaration
English language speaking and listening certificate

The Appeal
The decision to refuse the application has been reviewed by an Entry Clearance Manager in light of the grounds of appeal as detailed by the appellant on the 'AFT-2
appeal form. I have reviewed the decision taking into account alt the supporting documents provided, the appellants travel history, family financial and employment information as declared on the application form, the refusal notice and the grounds for appeal. In reaching my decision, I note in particular the following points.

Having reviewed the grounds of appeal, i am prepared to concede on the English requirements of the appeal as an IELTS certificate has now been submitted.

However am not prepared to concede on the suitability aspect of the appeal. The appellant had stated she was a student at M. University College studying a course in Marketing. The ECO noted that this was the same school and studies listed on the appellant's previous application which was made in xxxx in Accra, The appellant was issued an Entry Clearance under the visit category on xx-xx-xxxx and in a supporting letter submitted with the settlement application the appellant confirmed she had remained in the UK until xx-xx-xxxx when she returned to get married in Accra on xx-xx-xxxx.. The grounds have made no attempts to address the false representations made by the appetlant and given no reasons as to why she remained in the UK after her Entry Clearance had expired, note no fresh evidence has been submitted with the appeal to demonstrate the appellant is and was a registered student at the aforementioned academic institution in Accra . Therefore am not prepared to concede on the suitability aspect of the appeal and am satisfied the decision to refuse by the ECO was correct,

Finally, the grounds of appeal states that the ECO's decision "interferes disproportionately with the Appellant and Sponsors right to private and family life as set out in Article 8 of ECHR," It should be noted that Article 8 of the ECHR is a
qualified right, proportionate with the need to maintain an effective immigration and border control, and that decisions under the Immigration Rules are deemed to be compliant with human rights tegislation. I note that no satisfactory reason has been put forward as to why the sponsor in the UK is unable to travel to Pakistan to be with the appellant. I am therefore satisfied the decision is justified by the need to maintain an effective immigration and border control
It has also been considered whether this application raises any exceptional circumstances which, consistent with the right to respect for private and family life contained in Article 8 of the European Convention on Human Rights, might warrant a grant of entry clearance to the United Kingdom outside the requirements of the immigration Rules. The appellant has not raised any such exceptional circumstances, so it has been decided that the application does not fatl for a grant of entry clearance outside the rules.
Given all of the above maintain the decision to refuse entry clearance


hmmmm it hard but she mentioned an appologize for her overstayed in our introduction letter when making the Visa application and also she mentioned and explain the reason why she stated she was a student as i qoute " The visa officer refused my application stating, I’m not presently a student of M. University which is true but I was previsouly a student of said University and offering Marketing, I have twice requested to defer my course due to some financial restraints but I have not heard from them " when lodging the appeal, am confused, if the modirators or anyone can help us please and also anything about right to private and family life as set out in Article 8 of ECHR was writting by our Solicitor
 

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They noted that the English language requirement was satisfied with the documentation sent in with the appeal, but that's about all. You might be out of luck since (it seems) your wife overstayed her student visa. They can refuse you on this issue alone, regardless of apology. Deferring university courses doesn't automatically extend a student visa and is not a legitimate reason for staying in the UK; if she's not enrolled in study, then she doesn't have the right to live in the UK on a Tier 4 visa. They also don't seem to have any evidence that she was a student at the university she claimed to be enrolled. This is just what I'm reading.

As I understand it, they MIGHT have considered your application regardless of the overstay, if denying your visa would violate your human rights, but they found no reason why you can't live in Pakistan together since you came with her to marry there, and thus felt comfortable refusing the visa.

I am not a mod and I have absolutely no legal authority, I'm just a human being and former fellow applicant giving you my interpretation of the refusal letter you received. I'm sorry
 

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From your earlier posts it would appear that your then girlfriend overstayed in the UK by 14 months; and during that time she was not a student at the University she mentioned.

That's a long over stay. She then returned to her home country and you immediately got married.

There is also something in her history about being refused a visit visa to Canada - which you forgot to mention in her original application.

As said deferring your studies does not give your any rights to remain in the UK.
 

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Discussion Starter · #4 ·
They noted that the English language requirement was satisfied with the documentation sent in with the appeal, but that's about all. You might be out of luck since (it seems) your wife overstayed her student visa. They can refuse you on this issue alone, regardless of apology. Deferring university courses doesn't automatically extend a student visa and is not a legitimate reason for staying in the UK; if she's not enrolled in study, then she doesn't have the right to live in the UK on a Tier 4 visa. They also don't seem to have any evidence that she was a student at the university she claimed to be enrolled. This is just what I'm reading.

As I understand it, they MIGHT have considered your application regardless of the overstay, if denying your visa would violate your human rights, but they found no reason why you can't live in Pakistan together since you came with her to marry there, and thus felt comfortable refusing the visa.

I am not a mod and I have absolutely no legal authority, I'm just a human being and former fellow applicant giving you my interpretation of the refusal letter you received. I'm sorry
she's not from and we didn't get married in Pakistan, it was a mistake from their side. we got married in Ghana. i have mortagge to paid here and since i have no degree or certificate to get a job abroad and she is trying to continue her education and her monthly wage not upto 50pounds a month. and to say theres no evidence that she was a student at said university is something else cus she submitted her Admission Letter, Registration schedule for the year, Receipt of payment for the year, student ID etc. and i was the one who sent all this to our solicitor hhmmm What should we do?
 

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she's not from and we didn't get married in Pakistan, it was a mistake from their side. we got married in Ghana. i have mortagge to paid here and since i have no degree or certificate to get a job abroad and she is trying to continue her education and her monthly wage not upto 50pounds a month. and to say theres no evidence that she was a student at said university is something else cus she submitted her Admission Letter, Registration schedule for the year, Receipt of payment for the year, student ID etc. and i was the one who sent all this to our solicitor hhmmm What should we do?

Having an Admissions Letter, Registration schedule, tuition payment receipt and student ID doesn't necessarily mean that she actually attended classes for the dates specified. It's easy for students to be issued all of those things and then withdraw before classes actually start... I know this for a fact as I've withdrawn from the odd class at university before the term started and was refunded my money for that class. I would have sent in her university transcripts for the period that she claimed to have attended as verifiable proof that she actually attended... after all, the university issues them as proof of academic achievement and they cannot issue them if she did not attend any classes.

Even if you are able to get the whole "did she or didn't she attend university" question sorted out to the Home Office's satisfaction, there is still the issue of non-disclosure of her being refused a Visit Visa to Canada... the Home Office is going to want to know about that and the reasons behind it and the reasons why it wasn't declared in the first place.
 

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Discussion Starter · #6 ·
We intend to make another Application, can anyone please help us what we should address to make a fresh application?
 

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I'd start with explaining her refusal for a visit visa to Canada and the reasons for the refusal and apologize for failing to disclose it on the last application.

I would also provide proof that she did actually attend university when she said that she did... the best way to prove this is to provide a copy of her transcript of grades achieved in a sealed envelope from her university (i.e they seal the envelope in such a way that will show if the envelope has been tampered with).... as said previously, if she was a student during the time she's claiming, the university will have a record of her courses and achievement in each course, which is indisputable proof that she was there... if she hadn't been in class to do the work, there would be no record of grades for her in the university's database and as such no transcripts would be available for the specified time.
 

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Discussion Starter · #8 ·
I'd start with explaining her refusal for a visit visa to Canada and the reasons for the refusal and apologize for failing to disclose it on the last application.

I would also provide proof that she did actually attend university when she said that she did... the best way to prove this is to provide a copy of her transcript of grades achieved in a sealed envelope from her university (i.e they seal the envelope in such a way that will show if the envelope has been tampered with).... as said previously, if she was a student during the time she's claiming, the university will have a record of her courses and achievement in each course, which is indisputable proof that she was there... if she hadn't been in class to do the work, there would be no record of grades for her in the university's database and as such no transcripts would be available for the specified time.
she has a transcript from 2011/2012 but when filling the application in 2014 she put she was a student since she thought just deferring is enough (deferring letter sent but no answer).
should we mention and apologize since it will be difficult to prove?
 

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Yes, you must explain yourselves for the misinformation included on previous applications and apologize for your error/oversight/misunderstanding regarding her student situation.

She will only be able to claim to be a student for the time specified on the transcript... for the other dates that she previously claimed, she must disclose where she was (Ghana or the UK or elsewhere), what she was doing (working, not working) and why she was there (if she was in the UK).
 
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