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PARAGRAPH 281(iii) IMMIGRATION RULES UK


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#1 chyke

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Posted 08 September 2006 - 08:34 PM

Based on my last post, I was advised to type out this refusal letter from the entry clearance officer. It read as follows:

You have applied for an entry clearance to the United Kingdom as a spouse of a British citizen resident there. I have carefully considered your application on the basis of your passport, application form and the papers you have provided. You have declared that the information you have given is complete and true to the best of your knowledge.

I am not satisfied on the balance of possibilities, that your application meets the requirements of paragraph 281(iii) of the Immigration Rules (HC395) for the following reasons:

I AM NOT SATISFIED THAT EACH OF YOU INTENDS TO LIVE PERMANENTLY WITH THE OTHER AS HIS OR HER SPOUSE AND THAT THE MARRIAGE IS STILL SUBSISTING.

BECAUSE

I NOTE THAT YOU WERE REFUSED A SIMILAR VISA IN AUGUST 2004 AND THAT THE SUBSEQUENT APPEAL WAS DISMISED IN JANUARY 2006. AT THE TIME THE ECO CONSIDERED THAT NEITHER OF YOU INTENDED TO LIVE PERMANENTLY WITH THE OTHER AS HIS OR HER SPOUSE NOR THAT YOUR MARRIAGE WAS SUBSISTING. I HAVE CAREFULLY CONSIDERED THIS APPLICATION. I NOTE THAT YOU HAVE SUBMITTED SEVERAL OF YOUR WIFEíS TELEPHONE BILLS BUT OVER A 6 MONTHS PERIOD THERE IS ONLY 6 CALLS TO NIGERIA. LIKEWSE YOU HAVE SUBMITTED EMAILS BETWEEN YOU BUT THESE TOTAL ONLY 12 IN THE PAST 6 MONTHS. YOU HAVE ALSO PRODUCED A COPY OF YOUR WIFEíS PASSPORT, WHICH SHOWS THAT SHE VISITED NIGERIA TWICE SINCE YOUR WEDING, AND STAYED A TOTAL OF 6 WEEKS OVER THE 2 VISITS. I DO NOT CONSIDER THAT THIS DEMONSTRATES SUFFICIENTLY THAT YOU DO INTEND TO LIVE PERMANENTLY WITH EACH OTHER AS HIS OR HER SPOUSE OR THAT YOUR MARRIAGE IS STILL SUBSISTING.

IN REACHING MY DECISSION, I HAVE ALSO TAKEN ACCOUNT OF THE HUMAN RIGHTS ACT. WHILST I ACCEPT THAT THIS DECISSION CONSTITUTES LIMITED INTEREFERNCE WITH ARTICLE 8, I REMND MYSELF THAT THIS IS A QUALIFIED RIGHT, AND I AM SATISFIED THAT THE ECISSION IS JUSTIFIED AND PROPORTIONATE IN THE INTERESTS OF MAINTAINING AN EFFECTIVE IMMIGRATION CONTROL. I AM ALSO AWARE OF THE FACT THAT THERE IS NOTHING ON ENGLISH LAW WHICH PROHIBITS THE SPONSOR FROM TRAVELING TO NIGERIA AND ENJOYING FAMILY LIFE WITH YOU IN THAT COUNTRY. (MAY BE CONTINUED IN ANOTHER SHEET).

I THEREFORE REFUSE YOUR APPLICATION.

YOU ARE ENTITLED TO APPEAL THIS DECISSION UNDER SECTION 82(1) OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002. IF YOU DO SO, YOUR APPEAL WILL BE DELT WITH IN THE UNITED KINGDOM.THE APPEAL CAN ONLY BE MADE ON ONE OR MORE OF THE FOLLOWING GROUNDS:

(1) THAT THE DECISION IS NOT IN ACCORDANCE WITH THE IMMIGRATION RULES;

(2) THAT THE DECISION IS UNLAWFUL BECAUSE IT RACAILY DISCRIMINATES AGAINST YOU;

(3) THAT THE DECISION IS UNLAWFUL BECAUSE IT IS INCOMPATIBLE WITH YOUR RIGHTS UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS;

(4) THAT THE DECISION BREACHES RIGHTS YOU HAVE AS AN EEA NATIONAL OR MEMBER OF SUCH A PERSONíS FAMILY UNDER COMMUNITY TREATIES RELATING TO ENTRY OR TO RESIDENCE IN THE UNITED KINGDOM;

(5) THAT THE DECISION IS OTHERWISE NOT IN ACCORDANCE WITH THE LAW;

(6) THAT THE DECISION UNDER THE IMMIGRATION RULES SHOULD HAVE BEEN EXERCISED DIFFERENTLY.


First the eco was wrong to say that the appeal was dismissed in January 2006. It was dismissed September 2005.I do not know why the eco should refuse this very application just because it was formally refused. This is a new application and was supposed to be treated by its merit. My wife and I took time to amend all our flaws of the first application. We have submitted telephone communication transactions and emails. Apart from the ones the eco mentioned, there were over 150 other telephone transaction consuming significant number of talk time each day, these were used through international telephone call cards and were fully explained in the letter submitted with the application. The eco refused to note that calls could be made using call cards, why? There were also emails numbering about 60. The collection officer reduced these emails to 12 at the embassyís collection centre. She said that the documents were too heavy therefore she reduced those emails. When I questioned her, She said that I could take them to the interview if they matter to me. I believed her because I thought she knew what she was talking about and she was trained for the job. But then there was no interview for me so that I could clear whatever the eco claimed was wrong with the application or whatever he or she was not satisfied with.

The eco claimed to have looked into my application carefully but failed to sport out we wedded in April 2004 in Nigeria and she stayed with me for 39 days before returning to London. A copy of my wifeís visa to Nigeria during that period was supplied, though her passport then was bearing her former name. She changed her name to my family and has come to Nigeria 2 times before we made this recent application. I am in no doubt that the eco did not look into the papers. The eco also said that he/she was not sure if our marriage is still subsisting. But was it not obvious to him/her that the documents supplied and all information is current? My wife wrote an accompanying letter to support that application. It is a deliberate act of the eco to destroy my marriage because constant refusal of this visa has great impact in our family unity and future. Please advice us what next.

Thanks.



#2 Karen I

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Posted 08 September 2006 - 09:42 PM

Based on my last post, I was advised to type out this refusal letter from the entry clearance officer. It read as follows:

You have applied for an entry clearance to the United Kingdom as a spouse of a British citizen resident there. I have carefully considered your application on the basis of your passport, application form and the papers you have provided. You have declared that the information you have given is complete and true to the best of your knowledge.

I am not satisfied on the balance of possibilities, that your application meets the requirements of paragraph 281(iii) of the Immigration Rules (HC395) for the following reasons:

I AM NOT SATISFIED THAT EACH OF YOU INTENDS TO LIVE PERMANENTLY WITH THE OTHER AS HIS OR HER SPOUSE AND THAT THE MARRIAGE IS STILL SUBSISTING.

BECAUSE

I NOTE THAT YOU WERE REFUSED A SIMILAR VISA IN AUGUST 2004 AND THAT THE SUBSEQUENT APPEAL WAS DISMISED IN JANUARY 2006. AT THE TIME THE ECO CONSIDERED THAT NEITHER OF YOU INTENDED TO LIVE PERMANENTLY WITH THE OTHER AS HIS OR HER SPOUSE NOR THAT YOUR MARRIAGE WAS SUBSISTING. I HAVE CAREFULLY CONSIDERED THIS APPLICATION. I NOTE THAT YOU HAVE SUBMITTED SEVERAL OF YOUR WIFEíS TELEPHONE BILLS BUT OVER A 6 MONTHS PERIOD THERE IS ONLY 6 CALLS TO NIGERIA. LIKEWSE YOU HAVE SUBMITTED EMAILS BETWEEN YOU BUT THESE TOTAL ONLY 12 IN THE PAST 6 MONTHS. YOU HAVE ALSO PRODUCED A COPY OF YOUR WIFEíS PASSPORT, WHICH SHOWS THAT SHE VISITED NIGERIA TWICE SINCE YOUR WEDING, AND STAYED A TOTAL OF 6 WEEKS OVER THE 2 VISITS. I DO NOT CONSIDER THAT THIS DEMONSTRATES SUFFICIENTLY THAT YOU DO INTEND TO LIVE PERMANENTLY WITH EACH OTHER AS HIS OR HER SPOUSE OR THAT YOUR MARRIAGE IS STILL SUBSISTING.

IN REACHING MY DECISSION, I HAVE ALSO TAKEN ACCOUNT OF THE HUMAN RIGHTS ACT. WHILST I ACCEPT THAT THIS DECISSION CONSTITUTES LIMITED INTEREFERNCE WITH ARTICLE 8, I REMND MYSELF THAT THIS IS A QUALIFIED RIGHT, AND I AM SATISFIED THAT THE ECISSION IS JUSTIFIED AND PROPORTIONATE IN THE INTERESTS OF MAINTAINING AN EFFECTIVE IMMIGRATION CONTROL. I AM ALSO AWARE OF THE FACT THAT THERE IS NOTHING ON ENGLISH LAW WHICH PROHIBITS THE SPONSOR FROM TRAVELING TO NIGERIA AND ENJOYING FAMILY LIFE WITH YOU IN THAT COUNTRY. (MAY BE CONTINUED IN ANOTHER SHEET).

I THEREFORE REFUSE YOUR APPLICATION.

YOU ARE ENTITLED TO APPEAL THIS DECISSION UNDER SECTION 82(1) OF THE NATIONALITY, IMMIGRATION AND ASYLUM ACT 2002. IF YOU DO SO, YOUR APPEAL WILL BE DELT WITH IN THE UNITED KINGDOM.THE APPEAL CAN ONLY BE MADE ON ONE OR MORE OF THE FOLLOWING GROUNDS:

(1) THAT THE DECISION IS NOT IN ACCORDANCE WITH THE IMMIGRATION RULES;

(2) THAT THE DECISION IS UNLAWFUL BECAUSE IT RACAILY DISCRIMINATES AGAINST YOU;

(3) THAT THE DECISION IS UNLAWFUL BECAUSE IT IS INCOMPATIBLE WITH YOUR RIGHTS UNDER THE EUROPEAN CONVENTION ON HUMAN RIGHTS;

(4) THAT THE DECISION BREACHES RIGHTS YOU HAVE AS AN EEA NATIONAL OR MEMBER OF SUCH A PERSONíS FAMILY UNDER COMMUNITY TREATIES RELATING TO ENTRY OR TO RESIDENCE IN THE UNITED KINGDOM;

(5) THAT THE DECISION IS OTHERWISE NOT IN ACCORDANCE WITH THE LAW;

(6) THAT THE DECISION UNDER THE IMMIGRATION RULES SHOULD HAVE BEEN EXERCISED DIFFERENTLY.


First the eco was wrong to say that the appeal was dismissed in January 2006. It was dismissed September 2005.I do not know why the eco should refuse this very application just because it was formally refused. This is a new application and was supposed to be treated by its merit. My wife and I took time to amend all our flaws of the first application. We have submitted telephone communication transactions and emails. Apart from the ones the eco mentioned, there were over 150 other telephone transaction consuming significant number of talk time each day, these were used through international telephone call cards and were fully explained in the letter submitted with the application. The eco refused to note that calls could be made using call cards, why? There were also emails numbering about 60. The collection officer reduced these emails to 12 at the embassyís collection centre. She said that the documents were too heavy therefore she reduced those emails. When I questioned her, She said that I could take them to the interview if they matter to me. I believed her because I thought she knew what she was talking about and she was trained for the job. But then there was no interview for me so that I could clear whatever the eco claimed was wrong with the application or whatever he or she was not satisfied with.

The eco claimed to have looked into my application carefully but failed to sport out we wedded in April 2004 in Nigeria and she stayed with me for 39 days before returning to London. A copy of my wifeís visa to Nigeria during that period was supplied, though her passport then was bearing her former name. She changed her name to my family and has come to Nigeria 2 times before we made this recent application. I am in no doubt that the eco did not look into the papers. The eco also said that he/she was not sure if our marriage is still subsisting. But was it not obvious to him/her that the documents supplied and all information is current? My wife wrote an accompanying letter to support that application. It is a deliberate act of the eco to destroy my marriage because constant refusal of this visa has great impact in our family unity and future. Please advice us what next.

Thanks.



I would get a good solicitor. We have been failed on the same paragraph and our evidence of contact, travel, correspondance, has also all been ignored. We have got a solicitor, got all the papers together and filed the appeal today.
Good luck .

#3 John

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Posted 08 September 2006 - 10:02 PM

Chyke, sorry to hear about the refusal, but can you give some detail about the evidence that was supplied in support of the application?

#4 Victoria

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Posted 11 September 2006 - 10:48 AM

Appeal it.

The ECO's have started to refuse to accept calling cards as evidence, but an adjudicator will be more reasonable. As for the e-mails...send the others along with the appeal form as evidence, and say that the 'collection officer' (was this a DHL rep?) refused to take them. You stand a good chance of the application being overturned before a hearing comes up.

Get a good legal rep as soon as possible.

Victoria

#5 chyke

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Posted 11 September 2006 - 08:50 PM

Thanks Victoria,

Yes we thought of appealing but we again thought of the time. The first appeal took 18 months and we had attorney.Costed over a thousand pounds.
We decided to apply again because of time factor and we need to get together as soon as possible.My wife is getting too worried.We could try to arrange ourselves one again to cover the eco's mentioned flaws.You can advice us. Thanks.


Hi John,

Based on your request, below are the documents I provided to support my application.
My wifeís passport, pages of her visas and stamps showing that she made the trips (3 trips),
Her return air tickets, boarding passes, photocopy of her passport,
Her letter of employment from her employer, her payment slips,
BT telephone transaction details (16 leaves), Mobile phone transaction details explaining calls to Nigeria and which showed the use of international call cards,
Water bill, Statement of account that has over 4 thousand pounds,
Letter of support from my wife and my own letter for the application,
Tenancy agreement of where she lives,
My first school living certificate, our marriage certificate, our wedding invitation card, notice of our marriage and our marriage license, and our wedding pictures (30 pics), Greeting cards, my drivers license, Email messages.

What do you think that has gone wrong?

Thanks.

#6 chyke

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Posted 11 September 2006 - 09:00 PM

You must intend to live together permanently with your spouse in order to obtain a spouse visa.

WHAT IS IT ALL ABOUT THE ABOVE PHRASE? WHAT IS IT TO SATISFY THE GROUNDS? I AM CURIOUS PLS.

THANKS.

#7 kan

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Posted 23 October 2007 - 08:50 PM

Victoria I am verry worried now as I have been using calling cards too since I came back from uk, and I have some pages where i used to call from home from another company, we have sent emails to each other but not many as he used to go to a cafe in pakistan and we used to talk online can we print the online conversations out? will that help? he used to send me cards and gifts from pakistan on special occasion and used to text me often and give me miss calls and so did I, he also used to call me be from a PCO in pakistan but im not sure if he can get those receipts now plz help me as I am really worried now we have been married for 2 years I was studying at that time which is why i am sponsoring for him now and it took me time to find a job it has now been 6 months of me working I have got £3000 in my account from which I pay rent and council tax from im a tenant living in a council flat with my mum only she is the main tenant as it is in her name but the landlord is the council as it is not our own flat, I will be applying for him next month plz help im so worried and nervous, and by reading what others have written is giving me a headache.

#8 vinny

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Posted 23 October 2007 - 10:52 PM

You must intend to live together permanently with your spouse in order to obtain a spouse visa.

WHAT IS IT ALL ABOUT THE ABOVE PHRASE? WHAT IS IT TO SATISFY THE GROUNDS? I AM CURIOUS PLS.

THANKS.


See also 13.13 - Intention to live together; residence after arrival in the UK




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