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Discussion Starter · #1 ·
Hi,

I am doing my PhD from Newcastle university since 2013. I got married in October 2016, I went back to Pakistan to get married and stayed till December and then came back to finish my PhD. While I was in the final stages of my PhD I could not bring my wife as I felt I would not be able to give her any time as I was in the university from morning till late night finishing my thesis.

From January 217 till September 2017 I made 2 visits to Pakistan to be with my wife. Recently I finished my thesis and submitted it. So naturally I was confident I can now enjoy my time with my partner. She recently applied for her dependent visa on 6th September and got a decision yesterday. She was refused entry to the UK.

I performed extensive research before applying in hopes of getting her accepted. The following documents were sent with the application.

  • copy of recent bank statement (showing that I have adequate funds to sustain her)
  • a copy of my passport and student visa (visa expiring March 2018)
  • copy of my UK driving license.
  • copy of my student ID card
  • confirmation of enrollment letter from school office (stating that I am enrolled in PhD course from November 2013 till November 2017)
  • Original and translated marriage certificate.
  • Marriage photographs showing our marriage ceremony and function.
  • marriage invitation card
  • some pictures from our honeymoon and our other trips together.
  • screenshots of our whatsapp chat from when we first started talking in May 2016.
  • copy of tenancy agreement.
  • invitation letter
  • TB certificate
Below is the decision from the decision letter:

You have applied to join ____, who you state is your husband. I note a marriage certificate dated 27 October 2016, and text conversations covering a few months prior to the marriage (May – September 2016) have been provided. However, you have provided no other clear evidence of your relationship subsisting to the present date, or an intention to live together permanently with your sponsor. Furthermore, I note that you have stated you wish to travel on 23 October 2017, Mr ___ has been studying since late 2013 and is due to complete his course on 30 November 2017. I am not satisfied it is clear why this application has been submitted now.

I am not satisfied to the balance of probability that your claimed marriage is subsisting or that you and your sponsor intend to live with the other as their spouse or civil partner throughout your proposed stay in the UK. 319C (d)(e)

I have refused your visa application on this occasion because I am not satisfied that you meet all of the requirements of paragraph 319C of the Immigration Rules.
I have been allowed one administrative review.

I have some concerns with the decision. Firstly, it made no mention of the photographs I sent showing our marriage, our trips together, and the ECO even mentioned that nothing other than marriage certificate and chats were presented whereas we sent many pictures. Furthermore, the ECO stated that the chats provided were from May - September 2016, whereas I provided the chats from May 2016 - September 2017. He/She omitted an year of our conversations.
Is this normal for such info to be overlooked and not mentioned?

Also, ECO states that I am to finish my course in November 2017 and she is scheduled to visit in October 2017. I believe the ECO thinks that my wife joining me for a month is pointless. Which is a fair point if I was doing a Masters or any other taught course.

I argue that I am doing my PhD, the school letter stating that I am to finish by November is my thesis submission deadline. I am to submit my thesis by end of November, after which the external examiners read the thesis and then a viva exam is arranged by the university. Any PhD graduate is aware of this and knows that this takes about 3 to 4 months. So I will most probably be staying till February 2018. On this point I feel it is justified to want to have my wife join me for these 5 months.

Thank you for reading this far, and I appreciate your expert opinions in this matter. Do I have a chance for review? Will my points make any difference? Do my points even seem valid to anyone else other than me?
 

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I can see why the ECO rejected you, it is a bit strange that in effect you're applying to bring your wife over for a little over two months. Also, given you've submitted your thesis, you could still have your viva before the end of November - if not you'll have to apply for an extension for the viva and any subsequent corrections. But then the ECO didn't know that, they just see you're due to finish in November.

By the time your appeal was reviewed I suspect you'll be finished and heading home anyway. You might be better off spending time before the viva at home, rather than trying to bring your wife over.
 

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By the time your appeal was reviewed I suspect you'll be finished and heading home anyway. You might be better off spending time before the viva at home, rather than trying to bring your wife over.
I find it hard to understand that myself - why the OP wants to get a two month visa (September to November 2017) for his wife. They were married since October 2016, so why now?

The ECO may think the OP does not want to leave the UK!
 

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Discussion Starter · #4 ·
Thanks for the responses guys.

As mentioned in my first post, I was too busy focusing on my PhD and would spend all day in the university. So I did prefer not to call her and let her stay home while I finish my write up.

As for why apply for this visa and not visitor visa.?

I would be offered a job when I finish my PhD and thus would be sponsored by my university for a Tier 2 visa. (I have already been offered and would start in December). Then in that case my wife would be able to change her visa status while in UK as opposed to visitor visa where she would have to go back and then apply from there.

Also my PhD viva would not be before Feb 2018 and I want my wife to be with me during this time.

Do I have grounds for administrative review?
 

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Probably better to wait until you have another UK visa, either a doctorate extension or tier 2. As it stands, you have no guarantee that you will remain in the UK long-term and by the time an administrative review finishes, you will probably be well past finishing your PhD. Any time left over on your visa after your course finishes is time granted to you to either make other arrangements to stay in the UK or to leave, not to bring family members with you and start to make a life in the UK when you should be preparing to leave. Also understand that dependant visas are only allowed when you are studying in the UK for 12+ months - At this point, you only have a couple of months left in your course and 5 months left on your visa in total.

Your argument for waiting so long to bring her with you ("I felt I would not be able to give her any time") doesn't make any sense at all. To the Home Office, genuinely married partners should intend to live together regardless of how much time they can dedicate to the relationship. The only reason I can see for having her stay in Pakistan is if you intended to return and make your home there together. So I can understand their confusion and I think it makes sense that her visa was refused.
 
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