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Visa refusal from India - urgent

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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RupUK2016
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Joined: Thu Jun 09, 2016 7:44 pm

Visa refusal from India - urgent

Post by RupUK2016 » Thu Jun 09, 2016 8:09 pm

Hi Guys,

Thanks for your help looking into my request.

From India, my wife and daughter(1.5 years old) had applied for Visitor - Family Visa - 2 years to join me. I am having ILR and settled in UK.

Their VISA refused with below comments:
I have refused your application for a visit visa because I am not satisfied that you meet the requirements of paragraph(s) V4.2 of appendix V. immigration rules of visitor visa because:
. you have applied for a family visit along with your daughter to visit your spouse in UK. On your visa application form , you state you intend to stay in UK for two years. In addition, you state you are going to join your spouse who is settled in UK. You have provided a letter from your spouse and evidence that he has settled in UK and holds indefinite leave to remain. You have provided no evidence of any ties to your home country. As such, I am not satisfied you intend to return India at the end of six months.

What was wrong please? Was my visa category VISIT _ FAMILY - 2 YEARS, do I need to apply for Marriage VISA or do I need to re-apply with their ties with India ?

Please HELP!

Thanks,
Rupesh

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Casa
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Re: VISA REFUSAL from INDIA - URGENT

Post by Casa » Thu Jun 09, 2016 8:20 pm

It's not possible to stay in the UK as a visitor for 2 years! A 2 year visitor visa is for multiple short visits and is only granted for applicants who have shown that they have previously complied with the terms of a 6 or 12 month visitor visa.
If you want your wife and child to live with you in the UK you should have applied for settlement visas. The refusal was correct. Are you earning at least £22,400 per annum?
https://www.gov.uk/join-family-in-uk/overview
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

RupUK2016
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Posts: 13
Joined: Thu Jun 09, 2016 7:44 pm

Re: VISA REFUSAL from INDIA - URGENT

Post by RupUK2016 » Thu Jun 09, 2016 8:23 pm

Thanks for reply. Yes I am earning 35K annual.

What to do?

Best Regards,
Rupesh

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Casa
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Re: VISA REFUSAL from INDIA - URGENT

Post by Casa » Thu Jun 09, 2016 8:29 pm

Click the link I posted for you and read the guidance. If you want your wife and child to settle in the UK, you will have to apply for this category of visa.
Your wife will also have to pass an A1 level English test from an approved test/test provider.
https://www.gov.uk/government/uploads/s ... entres.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

RupUK2016
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Joined: Thu Jun 09, 2016 7:44 pm

Re: VISA REFUSAL from INDIA - URGENT

Post by RupUK2016 » Thu Jun 09, 2016 8:30 pm

Can I re-appeal or do I have to reapply which will cost me fees again

Thanks,
Rupesh

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Casa
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Re: VISA REFUSAL from INDIA - URGENT

Post by Casa » Thu Jun 09, 2016 8:31 pm

There's no point in appealing as you've applied for the wrong visa. The fees for a settlement visa are far higher than the fee for a visitor visa.
The fees for your wife and child will be £1,195 x 2 + £600 each for the NHS surcharge. A total of £3390
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

RupUK2016
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Joined: Thu Jun 09, 2016 7:44 pm

Re: Visa refusal from India - urgent

Post by RupUK2016 » Thu Jun 09, 2016 8:57 pm

Thank you Sir

Best Regards,
Rupesh

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Casa
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Re: Visa refusal from India - urgent

Post by Casa » Thu Jun 09, 2016 10:08 pm

RupUK2016 wrote:Thank you Sir

Best Regards,
Rupesh
I'm female...but you're welcome. Do come back with any questions you may have on the settlement visa application and between us all on the forum we can help you through it.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

RupUK2016
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Posts: 13
Joined: Thu Jun 09, 2016 7:44 pm

Re: Visa refusal from India - urgent

Post by RupUK2016 » Thu Jun 09, 2016 11:22 pm

Sorry, thank a lot mam

Best Regards,
Rupesh

RupUK2016
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Posts: 13
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Re: Visa refusal from India - urgent

Post by RupUK2016 » Fri Jun 10, 2016 12:38 am

Many thanks for your reply earlier.

Mam as suggested I am applying the visa application for settlement online.

For my daughter of 1.6 years the ISH surcharge was 0.

For my application as Settlement - WIFE, IHS surcharge is coming on payment page 180000.00 INR i.e 1800 GBP. Is this right?

How come this high amount is asked?

Thanks,
Rupesh

secret.simon
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Re: Visa refusal from India - urgent

Post by secret.simon » Fri Jun 10, 2016 11:42 am

Was your daughter born in the UK or abroad?

If she has been born abroad, your daughter will have the same status as your wife and will get ILR when your wife does. If she is born in the UK, she is entitled to registration as a British citizen on Form MN1, now that you are an ILR holder.

Have you gone through the link on the Gov.UK website? Has your wife got the relevant language test results?

Casa has summarised the fees that you would be paying. If you are getting results other than the one she has indicated, you are choosing the wrong options.
Casa wrote:The fees for your wife and child will be £1,195 x 2 + £600 each for the NHS surcharge. A total of £3390
Make sure that you do not choose the options for "settlement", but the ones for "joining family in the UK".
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

RupUK2016
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Joined: Thu Jun 09, 2016 7:44 pm

Re: Visa refusal from India - urgent

Post by RupUK2016 » Wed Jun 15, 2016 12:34 pm

still I am getting GBP 0 in IHS fee for my daughter.

Which option to choose below please:
VISA TYPE
Non Points-based Working visa
Settlement
Other
PBS Tier 4 Student
Study (non points based system)
Tier 1 (entrepreneur) visa
Tier 1 (exceptional talent) visa
Tier 1 (graduate entrepreneur) visa
Tier 1 (Investor) visa
Tier 1 (post study) dependants visa
Tier 2 (general Shortage Occupation) visa
Tier 2 (General) visa
Tier 2 (intra-company transfer) visa
Tier 2 (Minister of Religion) visa
Tier 2 (sportsperson) visa
Tier 5 (Temporary Workers) visa
Tier 5 (youth Mobility) visa

VISA ROUTE (options appear once I select Settlement)
Child or dependent of Settled person
civil Partnership
Family reunion - other dependent relative
Family reunion - Part 11 Asylum
Husband
Partent, grandparent and other dependant relative
Post flight - non settled person
Unmarried Parter
Wife

Thanks,
Rupesh

RupUK2016
Newly Registered
Posts: 13
Joined: Thu Jun 09, 2016 7:44 pm

Re: Visa refusal from India - urgent

Post by RupUK2016 » Wed Jun 15, 2016 1:07 pm

any reply please

Thanks,
Rupesh

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