"Marriage is not subsisting" - How to defend something like this?

Question

My wife's visa application got refused based on immigration rules 319C(d) and (e), which are:

(d) The marriage or civil partnership, or relationship similar to marriage or civil partnership, must be subsisting at the time the application is made. (e) The applicant and the Relevant Points Based System Migrant must intend to live with the other as their spouse or civil partner, unmarried or same-sex partner throughout the applicants stay in the UK.

With the original application I provided the marriage certificate, our whatsapp chat transcripts covering one and a half year of chats, and photos of our marriage and trips/honey moon.

In the decision letter the ECO did not mention the photos and only mentioned the chats of 6 months.

So my question dear members is, how do you prove to the ECO that I actually do intend to live with my wife forever and that our marriage is subsisting. Does anyone have any experience with this?

I will start the review application soon and was looking for some guidance. I would also like to add that my marriage was an arranged marriage as is the norm in my culture.

Answer 1

Please note that what the immigration officers are looking for is proof of a marriage that is based on equal partnership and is genuine. While there is no definite list of documents to illustrate a genuine marriage, chats and photos have only a limited value at developing a picture of a relationship-- and can easily be manipulated.

There are a few things that you can do to help your application. Can you demonstrate that you and your wife are sharing expenses? For example, you can show that you sharing financial commitments to one another if you have both names on such things as a savings account, joint property, mortgages, etc.

If you have not lived together in the same country, include the financial information about your marriage, trips taken together and honeymoon. Show receipts of everything and indicate who paid for each. Importantly, if you can prove that you both have taken steps to visit one another in your home countries, and can show that you have met each other's families, this can also help your application. Think of the paper trail that goes beyond a photo-- if your parents have met one another, if there are receipts and evidence of them meeting this can also be used to help tell your larger story. Show the receipt for things like the engagement ring, or celebration costs. If there is any documentation on both sides saying they agree to the marriage arrangement-- this will also help. Can you show documentation, Skype messages to your parents saying that you agreed to the marriage? Include those.

Have you visited her in her country of residence since you were married? If not, I would make a trip to see her very soon. Keep financial records of this.

Similarly, if you can demonstrate that you both have made plans to live together in the UK after her arrival this can also help. Have you made plans to move into larger housing, for example to accommodate two people? Think creatively here-- maybe you bought a larger bed, or a car in anticipation of her arrival. Show the documentation of these things. By showing that you are making a commitment to your living together, this will help contribute to your case that this marriage is a genuine one. Good luck!