Spouse/Settlement applications - BHC India

[dsds]

Guys Thanks for your response:

The Entry Clearence Officers reason for refusal:-

I am satisfied that you meet requirements of paragraph 281 of the immigration rules, except for the following:

You propose to reside in rented property, which is currently being shared by your sponser’s friend. Third party support can only be relied upon for a short while. You have not shown how long you intend to stay at this address and when you expect to move into accommodation occupied exclusively by yourselves. The tenancy you have shown is valid until September of this year only. There is no indication it will be renewed. You have also not shown that your sponsor is actively making rental payments and has done so in past successfully without any arrears. Without this, I am not satisfied that the accommodation is secure, or that you can live in accommodation without using public funds (Paragraph 281.vi of HC 395)

I have also taken account of article 8 of the Human Rights Act. I consider that refusing this application is justified and proportionate in the exercise of the immigration control. I do not believe that refusing this application will interfere with family life, for the purposes of the article 8(1), as you can continue to enjoy that in India.

I therefore refuse your application.


Now I’ll like to throw some light at the application:

First what we submitted in respect to accommodation:

•Assured Shorthold Tenancy agreement
The agreement is valid for six months from 16/03/09 and clearly states that It can be ‘renewed after current term ends’

•Property Report from the letting agency
Clearly showing that there is a adequate accommodation and the larger Room is with my wife and is in accordance with 324 of the housing act 1985.

•Letter from letting agent
Confirming the above and also stating the landlord consent and stating Its fully furnished accommodation.

•Rent Receipts
Again from letting agents confirming the rent paid and deposit all in my Wife’s name.

•No Objection Letter from housemate.

Further our financial standing: All proofs submitted

My wife works in the legal sector, Hence full time employed earning minimum £1250 after tax….

Wife’s account savings £9000, My savings £4500

Now What I Have to Say Pls Read:

From 1st of july 2009 my wife moved into another flat which is just exclusively in her name… as we were expecting our visa soon this month. So we already have exclusive accommodation to live in.

Even the earlier flat had two bedrooms and the bigger room was exclusively for me and my wife.

Secondly, ECO has mentioned third party support… regarding this we have sufficient funds i.e. £13500 and full time employment.. Still he thinks we would be using public funds!

Regarding Human Rights: ECO says ‘refusing this application will not interfere with family life’ …. Ask us we be awake all night… Everyday I sleep 5:30 am IST as my wife is alone there, chatting on internet giving her company. They talk about Family life, what worse can you do to a newly wed couple who are about to start a family…


Guys I have done all and said all and now I need your help as what more I can do?


Nav

navbulls
i am very sorry, could you tell me total processing time about your application ,
when you subbmited your appliction and received refusal Letter from ECO?

[dsds]

My wife was not aware that you can only share accomodation with family members and no friends or house mates are allowed... Even a immigration solicitor didn't inform us about it as my wife got all paperwork checked from them before submitting.

I think you have misunderstood my point on this view.

Most form of proof of accomadation supplied by applicants and their sponsor is normally prospective rather than avaialable (unless the sponsor owns his/her property).

However the ECO has to determine (only those whp live with friends and family) what the reasonable prospect of these people getting accomadadtion that will be exclusive to the couple without recourse to public funds.

The prospective of couples getting exclusive accomadadtion is much better with families rather than with friends who are not related. Your own parents/inlaws are more likely to help you morally and financially rather than friends.

This is why it is accepted that most applicant who say they will be living with their family untill such time they can afford, rather than friends, their application for visa suceeds whereas those who say they live with friends it is refused for the reasons I have given above.

Now as far as your application is concerned, I can only think that it is refused for this reason only (becos your wife stated at time of application that she was sharing with her friend), because I think you prospect of getting your own accomadadtion are good in that your wife is working, earning a good wage, she has sufficient funds available to do this without recourse to public funds.

I would conclude that your above quote is not exactly right and it is not what I implied. You can show friends accomadation as per the immigration rules. I am saying that it will most likely be refused than granted for the reasons I have explained.

Hope this helps and clears the matter.

As far as your own matter is concerned I think you need to make teh BHC that your wife now has exclusive accomadation( not now sharing) and that it meets the requirement on which you were refused. This will be done by completing AIT2 form and sending it back to BHC and hope the ECM is now satisfied and grants you visa.

I am sorry if you misunderstood what I said,but hopefully you are now clear about matter.

Dear ,

I applied dependent visa on 2006 in India at British high commission the time ECO issued dependent visa it is valued up to Apr 2009.

In OCT 2007 I had a UK police caution related some domestic assault. I return back to India APR2009[end date of my visa].now my UK immigration status is nothing in UK,

My wife and my baby they got ILR now they are in UK, now I am planning to join with my wife and my baby.

if I am applying spouse settlement visa for entry clearance at British Deputy High Commission India , this police caution will affect my visa application?.


i sent emil to Public Enquiries , Visa Customer Services they repled me like this :
Thank you for this enquiry.

It is unlikely that this police caution will be unduly prejudicial to your application.
kindly advise me,

dsds

[jdhuphar]

Hi!

Has anyone applied to 'BHC New Delhi' recently.... please share your timelines & experiences

I applied at Jalandhar VFS office on the 13 April 2010.

Status changed on the 19 April to Visa appliaction under process at BHC

now waiting. Anyone submitt thier application recently and what timelines and experiences have you had.

I'll keep updating when i have further infor too.

Cheers

[Harpz]

Hi Jdhupar,

My husband applied at Jalandhar VFS on 17th March 2010 till date have not heard anything.

We keep checking the VFS status online and it says:

"Visa application is under process at the British High Commission"

I e-mailed VFS at 4 weeks and they replied:

"We request you to wait for a decision on your visa application. The processing time is up to 12 weeks, although it cannot be used as a guarantee of your individual visa application processing time. Visa applications are assessed individually and processing times may vary."

I was expecting that as it had been only 4 weeks, it will be 8 weeks in a few days.

I also phoned the BHC and it is always engaged. No joke constantly engaged.

The waiting is horrible and praying that they issue the visa.

Fingers crossed.

[jdhuphar]

Hi Harpz

I see that they are bringing out the 'wait 12 weeks line'. I don't know what they are checking that will take them more than a month to find out.

I have heard that they give settlement visa the least priority. BHC is always engaged i can believe that 100%. but even if you get through they will say that it's with an ECO.

I'll keep you updated if i hear anything from my end.

[Harpz]

I know, I did think that myself about the length of time they need to check one application, i mean 12 weeks is a long time to be away from your partner and what makes it worse is that it could be longer.

I will also keep you posted on any changes to my application.

[jdhuphar]

Just heard that they have not updated the visa processing time guide on the ukba website due to reporting restrictions in the UK because of the election.

maybe thats why they are taking so long in making the decisions at the BHC. ie keeping the figures in check.

[Harpz]

I don't think thats the reason, the processing time is up to 12 weeks.

VFS said 4 to 12 weeks when hubby handed in application.

I can't seem to find a e-mail address to contact the BHC visa section.

I e-mailed VFS the other day and they said the same as before "visa application still under process."

Coming to 9 weeks in abit.

[meetgrp1]

I don't think thats the reason, the processing time is up to 12 weeks.

VFS said 4 to 12 weeks when hubby handed in application.

I can't seem to find a e-mail address to contact the BHC visa section.

I e-mailed VFS the other day and they said the same as before "visa application still under process."

Coming to 9 weeks in abit.

I been checking on some other country's forum and looks people who applied around 15-18th March are getting some news. So hopefully you will hear soon as well. Here is email you may contact, not 100% sure if they will reply or not.
visqry.newdelhi@fco.gov.uk

[Harpz]

Hi

Thanks for the e-mail address, I did e-mail them this morning and I received an automated e-mail stating the usual, 12 weeks processing etc etc.

I have noticed that pakistan process their applications way faster than india, i know people too who have heard round about this mark too, 8 to 10 weeks.

Fingers Crossed.

[jdhuphar]

Hi

Thanks for the e-mail address, I did e-mail them this morning and I received an automated e-mail stating the usual, 12 weeks processing etc etc.

I have noticed that pakistan process their applications way faster than india, i know people too who have heard round about this mark too, 8 to 10 weeks.

Fingers Crossed.

Hopefully you should hear soon as the processing time of 12 weeks is the total time to issue the visa and from the medical it takes about 2 weeks. so generally speaking if you get the medical envelope by next week and medical is ok. you will get the visa at the VFS office after 10-12 days.

[Harpz]

Our case is not so straight forward so thats why I am even more worried.

Hubby overstayed by 4 years. That is the only thing bothering me, we applied via top immigration solcitior who put our case together.

My solicitior said they will contact us between 8 to 10 weeks.

How about you? your case straight forward? did you put your documents together yourself?

[jdhuphar]

We'll I hope its straight forward. I am divorced and have custody of my daughter from my first marriage. My ex wife was also from India and we separated just after she got her indefinite leave, so I hope that doesn't cause a problem. but other than that it's pretty simple.

my daughters birthday is next month so was hoping she would arrive before then but doesn't seem likely now.

[Harpz]

So do I hope our case is straight forward, everything else is fine apart from the overstay part.

Well, your's don't seem so bad, I wish you luck with your application and I was also hoped hubby would be here this month 4 my bday but that seems quite hard to imagine.

[Harpz]

I e-mailed BHC last week and I received another e-mail stating that they can not give me any information regarding the visa application as I am third party.....
I thought I could because I am the sponsor but I guess not.....

I was kinda shocked so I got my hubby to e-mail instead.

Going to be 10 weeks next week

[ashwanigupta.cfa]

HI,
I have applied for UK spouse visa on 12th April 2010 and status is showing that your application has been forwarded to BHC. Did anyone apply in the same period.
I have made application through a lawyer in UK and he did not submitted my wife's letter of support and said that it is not necessary. does it make any difference or can i submit it now.
We are married for around 3.5 years and my wife lived with me till 1st jan 09 and then she went back to UK to work and support my visa application. Now she came India on 8th april on vacation to apply for my visa application and we are planning to go back together.
Our marriage was very famous and it was in UK and Indian newspaper for few days. 18-year-old Muslim girl eloped India marrying love. this is the link for our marriage news in evening standard newspaper. Now she is working in Uk and has enough saving around 4000GBP and living with her father in UK in a 3 bedroom house where we intend to live and her father has also provided a letter of support for accomodation and his land registry. what are my chances for settlement visa. and does anyone know the approx processing time for spouse visa.
thanks in advance

[Harpz]

Hi,

When we applied for settlement visa, I went through a immigration lawyer and I was told that my letter of support or the sponspor letter is very important for settlement application.

Im not sure why your lawyer thinks not too, you should ask why and that might help clear things up for you.

My husband applied 17th March 2010 in Jalandhar and till date we have not heard anything.

Settlement visa's take up to 12 weeks.

So you just have to sit back and wait.

Good Luck with your application

[ashwanigupta.cfa]

hi harpz.
best of luck for your application. can I submit letter of support from my wife now as she is here in delhi with me. my lawyer has prepared a covering letter from my side and a letter of authority for preparing my application. he has not asked my wife to provide a letter of support. he just asked for her payslip, bank statement and other supporting documents. it has been a month since i have made application. Shall i submit letter of support now?

[jdhuphar]

HI,
I have applied for UK spouse visa on 12th April 2010 and status is showing that your application has been forwarded to BHC. Did anyone apply in the same period.
I have made application through a lawyer in UK and he did not submitted my wife's letter of support and said that it is not necessary. does it make any difference or can i submit it now.
We are married for around 3.5 years and my wife lived with me till 1st jan 09 and then she went back to UK to work and support my visa application. Now she came India on 8th april on vacation to apply for my visa application and we are planning to go back together.
Our marriage was very famous and it was in UK and Indian newspaper for few days. http://www.dailymail.co.uk/news/article ... -love.html. this is the link for our marriage news in evening standard newspaper. Now she is working in Uk and has enough saving around 4000GBP and living with her father in UK in a 3 bedroom house where we intend to live and her father has also provided a letter of support for accomodation and his land registry. what are my chances for settlement visa. and does anyone know the approx processing time for spouse visa.
thanks in advance

hi i applied on the 13 April. from what i have read on this forum and others its taking between 10-12 weeks to process the applications. its a bit of a pain but its the same for all countries at the moment.

just a waiting game

[Harpz]

from what I know you cannot submit any additional documents once you have submitted your application.

I submitted 6 months payslips, P60, 6 months bank statements, savings certificate, sponsor letter, accomodation letter from parents as will be living with parents, overcrowding report to state that if hubby stays in parents house their will be no overcrowding. Letter from mum and dad stating we can live their until need be.

Pictures of wedding, wedding certificate punjabi and in english, hotel reciepts after wedding, honeymoon pics, wedding invitations from both sides, wedding venue reciept, wedding photos of us before marriage, skype printouts, phonecards, photocopies of family members from abroad (uk and usa) who attended our wedding in India.

Think thats it.....

[jdhuphar]

hi harpz.
best of luck for your application. can I submit letter of support from my wife now as she is here in delhi with me. my lawyer has prepared a covering letter from my side and a letter of authority for preparing my application. he has not asked my wife to provide a letter of support. he just asked for her payslip, bank statement and other supporting documents. it has been a month since i have made application. Shall i submit letter of support now?

You can try to submit it now but i don't know if they will accept it. they will go by the documents that you have already sent.

[jdhuphar]

Going to be 10 weeks next week

10 weeks. fingers crossed you'll hear something in few days.

[Harpz]

Thanks

I think I'm going to end up having a heart attack at this rate!!!!!!!

Fingers Crossed.

[ashwanigupta.cfa]

I have submitted her 6month salary slip bank statement and p60. and a letter of support from her father as we will be living with them and land registry of her father house. our marriage certificates, dont have chatting records so dint submitted it as she always used calling card to talk to me and i have submitted those calling card records. i dont think genuinity of our marriage would be questionable as BHC was also involed in our marriage and was quite famous marriage in india and in UK. search on google by entering ashwani and subhiya ull get lot of details related to our marriage. I have also submitted evening standard newspaper cuttings of our marriage. i think that would be enough.

[jdhuphar]

Thanks

I think I'm going to end up having a heart attack at this rate!!!!!!!

Fingers Crossed.

think of it this way. your coming to the end of your wait. Positive spin.

it looks like i still have another 7 weeks to go.