Spousal visa refused. Applied from australia. Need help

[Gya]

Hello everyone.
I applied for spouse visa from australia. Originally i am from Nepal. My husband hold ILR with Vignette category D. He is adult children of Ex-Gurkhas. The visa type written in the sticker is "settlement accompanying father". Validity date is same as passport expiry date.
In the refusal letter ECO said not satisfy with E-ECP 2.1 and 2.3 and there was a note said that as my husband is dependent to his father so he can not sponsor me.
We are consult to uk solicitor and than after collecting all the documents and evidence we applied on august 2016(online) and document submitted on 14 sep(priority service). And i got email that decision has made. I collected my document on 23 sep with refuse letter and appeal form.
We appleal online on 27 sep and got email on 5oct said order placed.
Its been 5 weeks we did not get any further info. I dont know what does it mean. How long i have to wait. Does any one know what will be the next step. And the timeline of appeal. Please help.

[noajthan]

If hubby has ILR its unclear why he cannot sponsor a spouse unless there are special provisions in such cases.

Suggest follow up here:
https://www.gov.uk/government/uploads/s ... urkhas.pdf

[Gya]

It is so frustrating, my solocitor said it should not be refused. May be the ECO get confuse that my husband got 9 year visa in his settlement accompanying visa type. It is because of his passort and ECO must not be aware of Vegnette category D which is ILE or ILR itself. If i am not wrong.....

[Casa]

Category D isn't necessarily issued for ILE.
"
There are two types of vignette:

Uniform Format Visa (UFV).This vignette is common to all EU Member States. It is used for visa nationals coming to the UK as visitors or in transit (Category A, B or C)
United Kingdom Vignette. This is used for all other entry clearances (Category D), usually long-stay categories "

If ILE is issued, it should be mentioned on the vignette.

[Gya]

Thank u casa for info. I went through it. I am so confuse about my husband visa. He is ex-Gurkhas adult children. He applied from out side the UK. He got vegnette category D with visa type "settlement accompanying father". Now he is in UK, working, reaching financial requirment and all the criteria to sponsor his spouse. He went to UK last year in 2015. So is he eligible to sponsor his spouse.

http://www.army.mod.uk/gurkhas/31596.aspx

[Casa]

Since being issued with the original visa, what is the longest period of time he has spent outside of the UK?

[Gya]

Since being issued with the original visa, what is the longest period of time he has spent outside of the UK?

He entered the UK on may 2015 and we went to the Nepal on feb 2016 only for 2 weeks. He has permanet fulltime job in UK.
He applied from Nepal as an adult children of ex-Gurkhas.

[Casa]

You will appreciate that this is an usual case. However, it appears that the issue may be in that your husband was only granted settlement as an adult dependent relative with the following conditions:

15 The applicant must be financially and emotionally dependent on the former Gurkha sponsor. Evidence of financial dependency may include the fact that the applicant has not been supporting him or herself and working but has been financially supported, out of necessity by his or her former Gurkha sponsor, who has sent money regularly from the UK

Also note:
Living Independently
20 The application must also be refused if the applicant is living independently in a different family unit (for example, the applicant is living with relatives who are acting in a parental capacity), or where the applicant has formed their own independent family unit by getting married or entering into a civil partnership or a relationship akin to marriage/civil partnership

It could be that as an adult, granted settlement as a dependent of his father, he is unable to live independently and sponsor other family members. i.e a wife.

When did you marry?

Source: http://www.rebga.co.uk/gurkhas-18-30-ye ... egulation/

[Gya]

You will appreciate that this is an usual case. However, it appears that the issue may be in that your husband was only granted settlement as an adult dependent relative with the following conditions:

15 The applicant must be financially and emotionally dependent on the former Gurkha sponsor. Evidence of financial dependency may include the fact that the applicant has not been supporting him or herself and working but has been financially supported, out of necessity by his or her former Gurkha sponsor, who has sent money regularly from the UK

Also note:
Living Independently
20 The application must also be refused if the applicant is living independently in a different family unit (for example, the applicant is living with relatives who are acting in a parental capacity), or where the applicant has formed their own independent family unit by getting married or entering into a civil partnership or a relationship akin to marriage/civil partnership

It could be that as an adult, granted settlement as a dependent of his father, he is unable to live independently and sponsor other family members. i.e a wife.

When did you marry?

Source: http://www.rebga.co.uk/gurkhas-18-30-ye ... egulation/

We got married on Feb 2016. I was here in sydney before our marry and he was in Nepal and on May 2015 he went to UK.

Point 15 and 20 is just for adult children who is not married and still living with parents for accommodation and financial help. And isn't these two point support when ex-Gurkhas son/daughter apply for ILE or ILR. ILE or ILR only can apply from out side the UK. Which is long term stay or intention to make the UK their home.

""We provide assistance free of charge to individuals who are considering preparing and submitting visa applications for Indefinite Leave to Enter the UK – commonly called ‘settlement’.""
This is what i saw in one of the gurkha website.

Apologies if i misunderstood anything.

But we cunsult to the UK well known solicitor he checked his Visa and according to the solicitor he can sponser wife. And we proceed.

[Gya]

You will appreciate that this is an usual case. However, it appears that the issue may be in that your husband was only granted settlement as an adult dependent relative with the following conditions:

15 The applicant must be financially and emotionally dependent on the former Gurkha sponsor. Evidence of financial dependency may include the fact that the applicant has not been supporting him or herself and working but has been financially supported, out of necessity by his or her former Gurkha sponsor, who has sent money regularly from the UK

Also note:
Living Independently
20 The application must also be refused if the applicant is living independently in a different family unit (for example, the applicant is living with relatives who are acting in a parental capacity), or where the applicant has formed their own independent family unit by getting married or entering into a civil partnership or a relationship akin to marriage/civil partnership

It could be that as an adult, granted settlement as a dependent of his father, he is unable to live independently and sponsor other family members. i.e a wife.

When did you marry?

Source: http://www.rebga.co.uk/gurkhas-18-30-ye ... egulation/

Grant of leave

25 If all the above requirements are met, then decision makers should normally grant the applicant indefinite leave to enter the UK (or as appropriate in transitional cases, indefinite leave to remain). Entry Clearance Officers should note that there is no requirement to refer cases as a matter of routine.

(All the points apply for son/daughter of ex gurkhas who is going to apply throught his/her father. Which will be ILE)
That what i understand here. Plz correct me if i am wrong.

[Casa]

I've not questioned whether your husband was issued with ILE. I'm not convinced that as this was granted due to dependency of his father that it entitles him to sponsor another family member.

For example, sponsors of Adult Dependent relatives have to give an undertaking to support their dependants for a 5 year period following entry on ILE, with no recourse to Public funds. The dependants are unable to act as sponsors of other family members.

Whether this is the case for an adult dependant under the Gurkha settlement route needs to be confirmed.

[Gya]

Totally hopless now. I appeal already and got appeal pending letter. But i dont think ECM will turnover my appeal. After i heard from ppl in the forum. Thank u all for the information and comments.