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Immigration history in the UK will be considered but in this case is not prejudicial to the application pursuant to the 'facts' presented by the original poster being a true representation coupled with meeting the rules. The 'subjective' matter of intending to leave the UK is moot pursuant to the application being in a category leading to settlement.John wrote:Kayalami, do you think that the immigration history in the UK will have any impact upon whether a two-year spouse visa is granted in India.
Or is it "just" a question of proving the usual things ..... financial ... accommodation .... "proof the relationship is real" ... that sort of thing ... in order to get the spouse visa?
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John
The HO have already taken this into account - your circumstances nor matter how compelling they appear/ are to you do not meet the threshold for the giving of consideration to 'circumvent' national immigration laws and the integrity of the immigration system. It may be worth you reviewing the latest strict position on 'marriages' by the Home Office to see why your case is a non starter.journey wrote:1. We will complete three years of marriage in April 05, won't it support to my case.
2. Breaking family life is against human rights
Nothing to stop you but IMHO its a waste of time - an official acting on his behalf has considered all representations received including that from your local MP. Will your letter contain any new facts that have not been raised before? With all due respect if nothing has changed then your appeal will be dismissed and you will end up being removed. The latest Immigration Act (Treatment of Claimants) includes a clause throwing out 'time delaying' appeals - yours is a prime example of such.journey wrote:3. Can't I write a letter to Secretary of Home office & explain the situtation.
There will be an element of delay (with a successful outcome) but not to the extent of an appeal hearing (bound to fail). Check the British High Commission, Mumbai site for processing times.journey wrote:4. In worst case if I go back to India, won't they hussal & delay my case, as they do normally....
IMHO - No.journey wrote: 5. I have joined professional higher education in UK in Nov 04, won't it support me...
No disrespect but I fail to see how this is relevant to the initial application, the appeal or a limit to a settlement application in India - sorry.journey wrote:6. I married to my wife against the wishes of my family that's why I don't have family support in India..
See replies to 1/2 and 3.journey wrote:7. I am professional, well qualified, living in UK for more than 5 and half years and already mixed in British society....
I appreciate my answers may come across as harsh and perhaps not what you wish to hear. I am going by my experience/knowledge and a detailed review of case law in circumstances even more compelling than yours e.g. people who had been here for 7 years and had children. The appellate authorities have consistently applied the principle that applicants in your position should not queue jump those who have followed normal procedures e.g obtain a fiance visa or settlement visa abroad. If India wa unsafe there would be some leniency but its considered so safe as to be put on a list of countries where asylum claims are deemed to be manifestly unfounded. Your response to John i.e.journey wrote:I am grateful for your all supports....
shows that you appear to meet the immigration rules for the grant of a settlement visa abroad. The decision as to the way forward is now very much in your hands and that of your legal represantative. I trust the information you have received to date is of some assistance in that decision making.journey wrote:1. I have most of the things to prove that marriage is genuine and we are living together since marriage, such as joint bank accounts, NHS card, electrol roll, my wife has been nominated in my life insurance policy and pension, photos of holidays, statement can be taken from our friends...
Surely the starting point must be for you to contact the Indian HC and ask that question. Without a valid passport nothing else seems possible.It is good idea to apply settlement application by post (if it is accepted by British Embassy in India). But my passport issued by Indian high commission in London already expired, how do I get it renewed??
Important words are 'at the time they apply'. This is the reason why the most realistic solution is to apply for the visa in the home country where your immigration status is not an issue.So genuine marriage or not, a major issue for married couples is the immigration status of their partner at the time they apply for permission to stay on the basis of their marriage, not whether or not their marriage is genuine.