Dear All,
Need advice desperately.
I had applied at the end of May for a Spouse Visa based on my marriage to a UK citizen. End of last week I've been shockingly refused. I am hoping that somebody here would be able to guide me in a right direction as both me and my wife are completely heartbroken.
I wont bore you guys with too much and would come straight to the matter.
The ECO's Letter :
EC-P.1.1 (c) – Section S-EC: Suitability –Entry Clearance Requirements
ECOs Reasons for refusal
In your application, you have stated that you have not previously been married; our records show that you were married in 2XXX and that you left your wife in India to visit the UK. I am satisfied that you made false representations in your application.
In addition I note you have previously made applications as non EEA family member in May 20XX you have not stated who you applied to reside within the UK but these applications are for direct family members, i.e a spouse, parent or child of an EEA national. As you have stated you have no children and your parents are Indian I am inclined to believe your application was to reside with a spouse or partner. I am satisfied that you have not fully disclosed your relationship history. I therefore refuse your application under paragraph EC-P.1.1(c) of Appendix FM of the Immigration Rules. (S-EC.2.2(a))
Now here's the story/history. I had applied for and was granted a WHM around mid 2000s. I was single at the time of application. I got married to a woman just before I left the country for UK.
Now before my WHM would expire applied for an EEA Family permit based on the fact that I had an Uncle who's an EEA National living UK. Which I did. Unfortunately that application got refused on the grounds of not being able to provide satisfactory documentation to establish my relation.
So I tried to procure all the documents and re-applied. The said application was turned down again on other reasons. This application went for an appeal and was turned down on various factors. In hind sight I was foolishly convinced that I had a strong case.
Now due to personal reasons I decided to withdraw my last appeal and requested for a voluntary departure and returned back. Unfortunately on my return things didn't work out between me and my wife and we divorced.
End of last year I got married again to a UK national and this year applied for a Spouse Visa, which got refused.
Now here's the bare truth - I was genuinely misguided at the time of applying for an EEA permit with regards to strengths of my case and was advised that it'll be better if I state that I was single rather than married. Besides the marriage had happened just before I left for Uk and I assumed (Foolishly rather) that once I got the permit I might just bring my marriage to light and take it from there.
But from the ECOs letter it seems that as I was having a bitter divorce battle with my previous wife, she being the human that she is probably went on and submitted/ approached UKBA with information about our marriage which admittedly I hadn't mentioned all this time because I believed that if now I were to mention now that I was married and divorced previously the UKBA might just turn around and say - why didnt you tell us in the first place at the time of applying for EEA permit.
Other than that, this time around whilst filling up the forms I had mentioned all my previous application details and am shocked to find the ECO doesnt know who/ on what relation I based and applied the EEA permit for whereas its all on record.
I know for sure the Senior Members are going to tell me off on this point and I do take the blame for that mistake. At no point did I hide anything from my present wife. But now on one side I am full of guilt because I feel its because of my foolishness that she's having to endure this separation from me and on the other hand I feel so hurt by conning behavior and in a betrayal of my previous wife who went to such extremes just because of her insecurities.
My queries now:
a) Do you guys think its worth appealing against this decision given the fact that I do have a Decree absolute for my previous marriage.
b) Does anybody know how long an appeal for a case such as mine would take?
c) Would it be advisable to appeal and at the same time file a fresh application right away? or is there a time period I have to wait before I can re-apply if I so chose to?
Any help would be appreciated...
Need advice desperately.
I had applied at the end of May for a Spouse Visa based on my marriage to a UK citizen. End of last week I've been shockingly refused. I am hoping that somebody here would be able to guide me in a right direction as both me and my wife are completely heartbroken.
I wont bore you guys with too much and would come straight to the matter.
The ECO's Letter :
EC-P.1.1 (c) – Section S-EC: Suitability –Entry Clearance Requirements
ECOs Reasons for refusal
In your application, you have stated that you have not previously been married; our records show that you were married in 2XXX and that you left your wife in India to visit the UK. I am satisfied that you made false representations in your application.
In addition I note you have previously made applications as non EEA family member in May 20XX you have not stated who you applied to reside within the UK but these applications are for direct family members, i.e a spouse, parent or child of an EEA national. As you have stated you have no children and your parents are Indian I am inclined to believe your application was to reside with a spouse or partner. I am satisfied that you have not fully disclosed your relationship history. I therefore refuse your application under paragraph EC-P.1.1(c) of Appendix FM of the Immigration Rules. (S-EC.2.2(a))
Now here's the story/history. I had applied for and was granted a WHM around mid 2000s. I was single at the time of application. I got married to a woman just before I left the country for UK.
Now before my WHM would expire applied for an EEA Family permit based on the fact that I had an Uncle who's an EEA National living UK. Which I did. Unfortunately that application got refused on the grounds of not being able to provide satisfactory documentation to establish my relation.
So I tried to procure all the documents and re-applied. The said application was turned down again on other reasons. This application went for an appeal and was turned down on various factors. In hind sight I was foolishly convinced that I had a strong case.
Now due to personal reasons I decided to withdraw my last appeal and requested for a voluntary departure and returned back. Unfortunately on my return things didn't work out between me and my wife and we divorced.
End of last year I got married again to a UK national and this year applied for a Spouse Visa, which got refused.
Now here's the bare truth - I was genuinely misguided at the time of applying for an EEA permit with regards to strengths of my case and was advised that it'll be better if I state that I was single rather than married. Besides the marriage had happened just before I left for Uk and I assumed (Foolishly rather) that once I got the permit I might just bring my marriage to light and take it from there.
But from the ECOs letter it seems that as I was having a bitter divorce battle with my previous wife, she being the human that she is probably went on and submitted/ approached UKBA with information about our marriage which admittedly I hadn't mentioned all this time because I believed that if now I were to mention now that I was married and divorced previously the UKBA might just turn around and say - why didnt you tell us in the first place at the time of applying for EEA permit.
Other than that, this time around whilst filling up the forms I had mentioned all my previous application details and am shocked to find the ECO doesnt know who/ on what relation I based and applied the EEA permit for whereas its all on record.
I know for sure the Senior Members are going to tell me off on this point and I do take the blame for that mistake. At no point did I hide anything from my present wife. But now on one side I am full of guilt because I feel its because of my foolishness that she's having to endure this separation from me and on the other hand I feel so hurt by conning behavior and in a betrayal of my previous wife who went to such extremes just because of her insecurities.
My queries now:
a) Do you guys think its worth appealing against this decision given the fact that I do have a Decree absolute for my previous marriage.
b) Does anybody know how long an appeal for a case such as mine would take?
c) Would it be advisable to appeal and at the same time file a fresh application right away? or is there a time period I have to wait before I can re-apply if I so chose to?
Any help would be appreciated...