ADVICE FOR FRIEND RE: SETTLEMENT

[papa]

A friend's wife has just had her application for settlement refused in Bombay, after interview.

His wife came to the UK on a visitors visa (6 months). After this, married my friend (religious ceremony only) and overstayed by 6 months. Wife
returned and made application for settlement. Refused after interview on many grounds.

1. Validity of Marriage. Not conviced met, no photographic evidence, no evidence of subsistency of marriage.
2. Doubtful accommodation.
3. Not satisfied willing and able to maintain.

Should she appeal or submit a new applicaton. What would be the times involved? I believe he would be able to address alot of the points of objection but would it be better to start all over again?

Thanks for your help!

[John]

Just reading what has been written leads me to think, rightly or wrongly, that the evidence submitted in support of the application was, well, a little bit lacking to say the least.

Also, what type of visa was she applying for? A spouse visa? If so, where is the evidence that she is legally married? Or was she applying for a fiancée visa?

Should she appeal or submit a new application.

Given what appears to have been a totally ill-prepared first application, and the time involved in appeals getting dealt with, it might be an idea to submit a new application .... this time submitted with proper evidence in support.

[motorbyke]

Its better to lodge a well prepared appeal and afterwards make a fresh application.

[Marie B]

If your friend wants to appeal she will have to fill in the form and submit it within 28 working days from the date the decision to refuse was given. Fresh evidence can be submitted with the appeal.

As John has said considering the refusal was made on so many grounds it would probably be best to start from the beginning this time with a well prepared application, although she will obviously have to pay the fee again (whereas an appeal doesn't cost anything).

If she decides to appeal she can also lodge a new application at the same time but as original documentation is required as evidence of marriage, finances, accomodation, etc. it would be a complete nightmare trying to get enough documents to do both at the same time.

If the ECO doesn't overturn the decision when reviewing the application in light of additional comments and new evidence it can take up to a year to get an appeal date for your case to be heard by the IAA.

Have a look on the British High Commision website for more info:

Services - Visas

[sreeni]

better to make a complete portfolio to counter each of the reasons of refusal appeal but ask to have the case re-reviewed by the local ECO in bombay before sending the file for a formal appeal in the UK as it will take a long time, If they review it locally first and all your evidence is complete they may ask you to repeal the appeal and give the visa. But I dont think you made any serious attempt at satisfying any of the criteria from the refusal statement. In any event the more evidence the better.