Post
by Mr Rusty » Tue Jan 29, 2008 1:23 pm
I don't know how long applications in India are taking
The important thing to remember in this case is that the husband is not now applying in his own right but as a dependant. Given that false documentation was alleged on a former application, you would expect the ECO to assure himself that the marriage is genuine.
Beyond that, the requirements for HSMP dependant applications are fairly straightforward as set out in Para194 of the Immigration Rules, which you can access via the BIA website. One aspect which may attract attention is set out in DSPs (instructions to Entry Clearance Officers), as follows:
"When assessing whether an applicant is able to maintain and accommodate himself/herself and any dependant in the UK whilst seeking employment, consideration should be given to all relevant factors such as cash resources and the level of planning they have undertaken to find work. Those applicants who can provide reliable evidence of a firm or tentative job offer or contract will require a smaller cash reserve as they will be able to start earning almost immediately. Applicants will be expected to have assessed their potential living costs realistically."
The wife's application will have been decided with the above in mind. If she did not declare her husband as a potential dependent applicant, the ECO may wish to call for her file to assess whether support and accommodation are adequate, and so you can see it would take a few weeks to reach a decision.If in the meantime the wife is established in employment in the UK, the chances of success may be higher.
Bearing all that in mind, it's up to you whether you want legal assistance to put the application together, or just to make representations or prepare an appeal following a refusal. If you want an OISC-registered advisor, I can recommend one (not me, and I have no financial interest)