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Spouse' EUSS VISA Application got refused

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  • LAWYER RESPONSE Spouse' EUSS VISA Application got refused

    Hello,

    I had applied for my wife's(she is from India) EUSS Visa, I have been living in the UK for 6 years and have settled status. We had recently applied for a EUSS Visa(before 30th June), we got legally married in March 2021. It was an arranged marriage but I knew my partner online from June 2020. I could not visit get married earlier because of the current Pandemic. My rejection letter says that

    (i)"Where the applicant was resident in the UK and Islands as the durable partner of a relevant EEA citizen before the specified date",
    Reason: We did not meet because India was facing the second wave of COVID-19. The flights were cancelled and there was no possibility for her to fly to the UK or for me to fly to India.

    (ii)Couple having lived together in a relationship akin to a marriage or civil partnership for at least 2 years (unless there is other significant evidence of the ‘durable relationship’.)
    Reason: In our tradition, the bride and the groom are not supposed to meet in person until the elders of the family meet each other and discuss the details of the marriage and other customary things that are part of the discussion. In our custom, firstly, without the agreement of the elders of both the families, an arranged marriage does not take place.

    We have constantly been in touch with each other over the Phone, Whatsapp and other online media.

    I'm not sure what to do now, any help would be appreciated.
    Thank you

  • #2
    Originally posted by Disur View Post
    Hello,

    I had applied for my wife's(she is from India) EUSS Visa, I have been living in the UK for 6 years and have settled status. We had recently applied for a EUSS Visa(before 30th June), we got legally married in March 2021. It was an arranged marriage but I knew my partner online from June 2020. I could not visit get married earlier because of the current Pandemic. My rejection letter says that

    (i)"Where the applicant was resident in the UK and Islands as the durable partner of a relevant EEA citizen before the specified date",
    Reason: We did not meet because India was facing the second wave of COVID-19. The flights were cancelled and there was no possibility for her to fly to the UK or for me to fly to India.

    (ii)Couple having lived together in a relationship akin to a marriage or civil partnership for at least 2 years (unless there is other significant evidence of the ‘durable relationship’.)
    Reason: In our tradition, the bride and the groom are not supposed to meet in person until the elders of the family meet each other and discuss the details of the marriage and other customary things that are part of the discussion. In our custom, firstly, without the agreement of the elders of both the families, an arranged marriage does not take place.

    We have constantly been in touch with each other over the Phone, Whatsapp and other online media.

    I'm not sure what to do now, any help would be appreciated.
    Thank you
    Afternoon,

    I'm very sorry to hear the application was refused.

    Unfortunately, the Home Office has refused to accept marriages that took place after the end of last year, even when the couples had actually booked a marriage ceremony in the UK which was then cancelled due to the unexpected lockdowns last November and December! Myself, as well as a number of lawyers and organisations, approached the Home Office several times regarding this issue, and their responses were always along the same lines you mention above, i.e. applications by spouses who married this year are only being considered on the basis of a durable relationship, that is, living together for at least two years before the end of last year, or having joint responsibility for a child, despite the fact this is very well known not to be an option for people from many non-Western cultures.

    So the reason the application was refused wouldn't even be because the marriage was arranged, simply because it took place after the end of last year.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

    Comment


    • #3

      So far, the only option I can think of in cases like this is an application under the UK Immigration rules spousal visa route (Appendix FM).

      Olga M (lawyer) Would you agree with me on this?

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        Site Admin Yes, that is correct. The only option is spouse visa (Appendix FM)

        I am an Immigration Adviser and Director with Spectrum Visas LTD, authorised by the Office of Immigration Services Commissioner (OISC) to provide immigration advice and services. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Olga M for full details.

        Comment


        • #5
          Disur

          Morning,

          Please see our lawyer's response above. Unfortunately this is a much more complex application, you may want to take a look here: UK family visas - spouses and partners (spousal visa route) - UKCEN Citizenship and Residence for European Nationals and their families

          If, after going through those posts, you have any questions, kindly make a new post and we'll do our best to help.

          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment

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