“You state that you have been in a relationship with your sponsor since you married on 24th December 2019. As evidence of your relationship you have provided a marriage certificate, two photographs of your wedding and a small amount of messages. It is reasonable to expect that in a genuine subsisting, supportive and affectionate relationship, there would be evidence of regular contact, signs of companionship, emotional support, affection and abiding interest in each other’s welfare and wellbeing throughout the entire duration of your relationship. You have provided very little evidence of this. Therefore, I am not satisfied that your relationship with your sponsor is genuine and subsisting or that you intend to live together permanently in the UK. I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules.” (E-ECP.2.6 & 2.10)
“You have indicated that your married your sponsor on 10th October 2014 in Pakistan. Paragraph 26 of Appendix FM-SE:
- Marriages, civil partnerships or evidence of divorce or dissolution from outside the UK must be evidenced by a reasonable equivalent to the evidence detailed in paragraphs 22 to 25, valid under the law in force in the relevant country.
Paragraph 22 to 25 state:
- A claim to have been married in the United Kingdom must be evidenced by a marriage certificate.
- A claim to be divorced in the United Kingdom must be evidenced by a decree absolute from a civil court.
- A civil partnership in the United Kingdom must be evidenced by a civil partnership certificate.
- The dissolution of a civil partnership in the UK must be evidenced by a final order of civil partnership dissolution from a civil court.
“A marriage certificate in the UK is signed by both parties to the marriage along with the registrar and two witnesses. Therefore the only reasonable equivalent to this document in Pakistan is an original Nikkah Nama. You have, however, only provided a poor copy of this documents and not the original. Whilst I note that you have also provided a Marriage Registration Certificate I note that this was issued more than three months after the date of your stated marriage. I am also aware that these documents are produced based on information provided which is not verified.”
Given all of the above I am not satisfied that your marriage is valid. I therefore refuse your application under paragraph EC-P.1.1 (d) of Appendix FM of the Immigration Rules.” (E-ECP.2.7)
“You have declared in your VAF that you were married to your husband in an Islamic Center in London UK on 14th July 2019. Although your husband had filed his divorce in the UK vs. his first wife on 3rd March 2019, his final official decree for the confirmation of his divorce was issued on 31st July 2019. I am therefore not satisfied that your marriage is valid under the above mentioned circumstances.”
“You have not submitted the following required documents as listed above. The most recent pay slips you have submitted for your sponsor is dated 21/08/2016 and bank statement 14/08/2016. You have therefore failed to meet the requirement that evidence must be dated within 28 days of your application. You have therefore failed to provide the required documents relating to your sponsor’s employment. These documents are specified in the Immigration Rules in Appendix FM-SE and must be provided. I therefore refuse your application under paragraph EC-P.1.1(d) of Appendix FM of the Immigration Rules.” (E-ECP.3.1)
“I have considered the Appellant’s rights under Article 8 of ECHR. Article 8 of the ECHR is a qualified right, proportionate with the need to maintain an effective immigration and border control and decisions under the Immigration Rules are deemed to be complaint with human rights legislation. Given the concerns raised above regarding the relationship, I am not satisfied that the Appellant has a family life with the sponsor. As this is the case, Article 8(1) does not apply to the Appellant. However, if the Appellant does have a family life with the sponsor, I am satisfied the decision is proportionate under Article 8(2). 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 your 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.”
“As proof of communication you have provided some e-mails and a few screen shots attached to the e-mail of what appears to be Viber conversations. However, the dates show that communication in infrequent and can vary between 2 – 7 days. In addition at interview you stated that you and your sponsor communication by telephone approximately every week and when asked to clarify the frequency you said 2-3 times a week. You said that you do not keep in contact by any other means (such as e-mail and Viber). As such I am not satisfied that these e-mails and screen shoots demonstrate that you and your sponsor are in regular communication and have formed a genuine and subsisting relationship.”
“You have stated in your Visa Application Form that you meet the financial requirement through CAT A. I am not able to take into account any potential employment you have available to you in the UK or any offers of financial support from third parties. In order to meet the financial requirements of Appendix FM your sponsor needs a gross income of at least £18,600 per annum. You state that your sponsor is employed by The Co-operative since 02/09/2013 and earns an annual salary of £15,777.00. As evidence of your sponsor’s employment you have submitted an employment letter, 6 months wage slips and 6 months bank statements. You also state that your sponsor is employed by Dylex Ltd since 01/01/2015 and earns an annual salary of £3,744. As evidence of 6 months wage slips.”
Last updated: Wednesday 14-10-2020