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Right To Appeal

rejected second time Appeal in UK

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#1 denral

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Posted 03 November 2012 - 08:11 PM

hey guys, pls help

my wife, who is a german national applied for UK family permit for her mother(living alone in india)! the first one was rejected in 2009, the reason because they couldn't trace any of the submitted documents (such as my wife's birth certificate and her mother's marriage certificate)! The reason stated on the letter "the applicant is not related blood, adoption or in any way" so the embassy wasn't happy with the evidence. After that we tried to identify the mistakes with the documents. Then we found out that my wife's mother marriage certificate was genuine but the information were wrong, which is difficult to change now as my wife's father is no longer living.


It's been rejected because they want to see the that my mother in law is fully supported by my wife, where we don't have some of the receipt of proof sending money. I thought it's just six months proof you have to submit. What is the minimum proof you have to submit.


The marriage certificate of my mother-in-law, it was a forced marriage where her parents gave her age 21, but in reality she was only 20. This made the british consulate to doubt and said the documents are not genuine, because it didn't match my wife's birth certificate.

After a long conversation with british high commission, my wife's and my mother-in-law did a DNA test, where it's acceptable in case that you are unable to provide more evidence of your relationship.

My wife submitted a new application form with DNA test, and all the other documents, which been submitted before. But this time they rejected as well. Now we don't have choice how to move on, because when they don't accept the DNA test, there is nothing you can provide to proof the relationship.

What could we do in this situation? can we arrange a lawyer so he can move the case?

BTW my wife is working full time and living in UK for more than 5 years now.

Please help, we are totally confused now. We don't understand why keep rejecting the application, even with the DNA test. The Application been made in india.



thank you

Edited by denral, 05 November 2012 - 06:49 AM.




#2 denral

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Posted 05 November 2012 - 07:45 AM

Hello guys,

I'm sorry to start a new topic. I didn't get any answer on the other one, and I need urgent help. My mother-in-law received "right of appeal" and we have to submit everything within 28 days.

When we saw the form, it says we have to send the appeal form to UK with more evidence such as financial proof. To be honest my wife started to send money since 2008 december, where she hasn't got the proof of sending money. But We have few from 2009 and the rest after. They also asked why my mother-in-law cannot work and why she is fully dependant on my wife. Can we submit my mother-in-law's meidcal certificate, as she got 2 major surgery(operation).

How the appeal works? what is the best way to appeal. Is that fine if we appeal with help of a lawyer, where we have more chance to win the case?

Please help us, when we applied in 2010, we didn't get a chance to reapply or to appeal. But this year we have a chance to appeal, which is a good news (atleast)

thank you for your all kind of helps. Please see the attached files.

Attached Files



#3 Gentleman of Leisure

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Posted 05 November 2012 - 08:12 AM

hey guys, pls help

my wife, who is a german national applied for UK family permit for her mother(living alone in india)! the first one was rejected in 2009, the reason because they couldn't trace any of the submitted documents (such as my wife's birth certificate and her mother's marriage certificate)! The reason stated on the letter "the applicant is not related blood, adoption or in any way" so the embassy wasn't happy with the evidence. After that we tried to identify the mistakes with the documents. Then we found out that my wife's mother marriage certificate was genuine but the information were wrong, which is difficult to change now as my wife's father is no longer living.


It's been rejected because they want to see the that my mother in law is fully supported by my wife, where we don't have some of the receipt of proof sending money. I thought it's just six months proof you have to submit. What is the minimum proof you have to submit.


The marriage certificate of my mother-in-law, it was a forced marriage where her parents gave her age 21, but in reality she was only 20. This made the british consulate to doubt and said the documents are not genuine, because it didn't match my wife's birth certificate.

After a long conversation with british high commission, my wife's and my mother-in-law did a DNA test, where it's acceptable in case that you are unable to provide more evidence of your relationship.

My wife submitted a new application form with DNA test, and all the other documents, which been submitted before. But this time they rejected as well. Now we don't have choice how to move on, because when they don't accept the DNA test, there is nothing you can provide to proof the relationship.

What could we do in this situation? can we arrange a lawyer so he can move the case?

BTW my wife is working full time and living in UK for more than 5 years now.

Please help, we are totally confused now. We don't understand why keep rejecting the application, even with the DNA test. The Application been made in india.



thank you



#4 denral

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Posted 05 November 2012 - 08:35 AM

Thank you for posting my other bit here as well. We just received the appeal letter, which we hadn't yesterday. I need help for solution and i didn't want to find out the post, which i posted yesterday, because todya's post clearly says the problem.

thank you

#5 denral

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Posted 06 November 2012 - 06:24 AM

Thank you for posting my other bit here as well. We just received the appeal letter, which we hadn't yesterday. I need help for solution and i didn't want to find out the post, which i posted yesterday, because todya's post clearly says the problem.

thank you


sorry, still haven't received any answers yet. I Would like to know if oral or paper hearing is good. Do we need representative?

thanks

#6 Victoria

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Posted 13 November 2012 - 06:53 PM

Oral is better. A representative is a very good idea.

#7 Victoria

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Posted 13 November 2012 - 08:25 PM

Get legal advice on an appeal. This doesn't make sense.

#8 Mutly

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Posted 19 November 2012 - 09:07 AM

Topics merged.

Was the refusal now being appealed because the DNA test wasn't accepted or because proof of dependency wasn't accepted or both?

However as said, it would be best to have an advisor assist with the appeal.

#9 denral

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Posted 28 November 2012 - 08:44 PM

Topics merged.

Was the refusal now being appealed because the DNA test wasn't accepted or because proof of dependency wasn't accepted or both?

However as said, it would be best to have an advisor assist with the appeal.



thank you for your replies. The DNA test accepted but the proof of dependency not accepted, as my hasn't submitted the proof of sending money. We have submitted all the relevant documents including the proof of dependency (my mother-in-law medical certificates and proof of sending money). Unfortunately we have sent all the original documents. Do they return the documents if we submit the originals, as it is saying on the website "keep the originals, send copies" :(




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