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Spouse/Settlement applications - BHC India

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Post by Jattboi » Mon Jan 17, 2011 12:19 pm

i run a limited company and pay my self a salary,, i provided them with original p60 3 months payslips... building society passbook with 1 years transactions original not photocopy. i have no bank statements. its not necessary, Limted company certificate so they ECO knows its a legitimate company not fake. Too many people send fake payslips and make up company names. U need to make sure u have original documents to make the ECO make a quick n honest answer.

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Mon Jan 17, 2011 12:27 pm

Hi

So you selected Self-Employed in the application? and sent all relevant details of the company as well i.e. passbook and company certificate of registration?

I thought doing the above would mean you have to certify your accounts and go through a lengthy process of showing that the company is healthy in terms of money going in and out will keep on happening, so on and so forth. Am I just thinking it oncorrectly?

Also, I assume you gave your details in terms of the employer contact details i.e. phone number and so on, have the ECO officer contacted you to enquire about your employment at all?

PS - providing originals is not a problem to me

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Post by Jattboi » Mon Jan 17, 2011 12:33 pm

a letter from your director will do stating u work for this company and the length of time you have served for the company also you have a legal interest in the company,,, with payslips n p60s and a few company documents. thas enough,, accomodation is more importannt to the ECO mostly.

skitis02
Newly Registered
Posts: 12
Joined: Thu Jan 13, 2011 12:39 pm

Post by skitis02 » Mon Jan 17, 2011 2:23 pm

Hi

Does anyone know if settlement visa applicants are called for Medicals now a days from North India?

Cheers

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Update

Post by Jattboi » Mon Jan 17, 2011 3:42 pm

Just to update everyone on my time scale settlement visa

15 November 2010 "forwarded to the BHC" Delhi
17 January 2011 "application sent to application centre"

10th week status changed fingers crossed visa has been granted.

skitis02
Newly Registered
Posts: 12
Joined: Thu Jan 13, 2011 12:39 pm

Post by skitis02 » Mon Jan 17, 2011 3:49 pm

Good luck mate.

So they are not asking for Medical then?

Did you applied from Delhi VFS or any other from North India?

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Post by Jattboi » Mon Jan 17, 2011 4:01 pm

applied at Jalllandhar Vfs Sent to delhi for processing

Most likely visa has been granted and no medical will keep folkes up to date

skitis02
Newly Registered
Posts: 12
Joined: Thu Jan 13, 2011 12:39 pm

Post by skitis02 » Mon Jan 17, 2011 4:14 pm

Thanks for the update.

My wife applied through Jalandhar VFS as well on 6th of Dec.

Harpz
Junior Member
Posts: 74
Joined: Sun Apr 11, 2010 11:33 am

Post by Harpz » Mon Jan 17, 2011 9:54 pm

Just another update,

Received letter today that we won appeal and hubby should be here very soon.

Been a long wait and finally we have done it.

Btw, they do not request medicals from indians anymore.
17/03/10: Application Submitted (Delhi)
12/06/10: Application Delivered and Refused
09/07/10: Appeal & Review Lodged
23/07/10: Pending Appeal Notice Received dated 02/12/10
06/01/11: Appeal Hearing and allowed on 17/1/11

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Post by Jattboi » Tue Jan 18, 2011 9:11 am

Just to update everyone on my time scale settlement visa

15 November 2010 "forwarded to the BHC" Delhi
17 January 2011 "application sent to application centre"
18 January 2011 "Passport Ready for collection @ Application Centre"

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Tue Jan 18, 2011 9:55 am

Hi Jattboi

Congratualtions!!!

Can you give more details on the timing of ECO contacts if you remember for example:

- When did the ECO officer called/emailed your employer? Who answerd this call you or someone from your limited company?
- When did the ECO officer called you?

Thanks

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Fiance visa

Post by Jattboi » Tue Jan 18, 2011 10:23 am

No Checks have been made by the ECO...... passport has not been collected yet so not 100% visa has been issued until in my hand.
harv is 80% of my documents was originals not photocopes and i showed £6000 of savings account balance.

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Refused

Post by Jattboi » Tue Jan 18, 2011 9:17 pm

Found out today ECO has refused my fiance visa

Reason is i claim tax credits working element and my payslips dont match my bank statements. everything else is passed! need to now go through the appeal stage. any suggestions on this one been along wait 8 weeks seems it will another 6 months.!!!!!

got 28 days to appeal or do a fresh application.

Im patient not stressing out will win Appeal 100% sure

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Wed Jan 19, 2011 9:06 am

Hi Jattboi

Really sorry to hear that, these people just refuse for such small things.

I have seen that the apeal process does take some time, looking at the timeline on other applicants I have seen the apeal process taking around 3 to 4 months or may be a little quicker.

You should file the apeal as quickly as possible with as much evidence as you can get so that the outcome is positive straight away.

I thought there is a review period as well by the ECM when you submit your papers back for apeal process. This is when the HO double checks if the case needs to go to the court or if they can overturn the decision then and there. I think more experienced users of the board should be able to give you more details on this. If the ECM officer is able to overturn the decision, you will get the visa much quicker.

Wish you best of luck!
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Wed Jan 19, 2011 10:24 am

Also, you should read this:

http://www.immigrationboards.com/viewto ... 267#448139

batleykhan has mentioned that sending the apeal papers to Croydon is usually the quickest option as the ECM is based at Croydon. If ECM has all the required evidence and is satified with the application, they can overturn the decision and visa can be granted a little quicker. Otherwise an apeal is lodged, this may take some time.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

Harpz
Junior Member
Posts: 74
Joined: Sun Apr 11, 2010 11:33 am

Post by Harpz » Wed Jan 19, 2011 10:48 pm

Hi Jattboi,

Sorry to hear about the refusal...it totally sucks, at least they did it at 9 weeks and not bang on 12 weeks.

They are refusing on petty things and from my personal experience the ECO have been so petty its unbelivable!

If the refusal points r simple and not complicated send the appeal papers off urself however i would advise to seek legal advice from a immigration solicitor just in case.

Not sure about sending to croydon, my solicitor did not, i think croydon is for the applications made from pakistan.

Appeal process is long, but hopefully yours will be ok no major issues and you should have your decision overturned.

Good luck with it and hang on in there, you got a bit of a wait now :(
17/03/10: Application Submitted (Delhi)
12/06/10: Application Delivered and Refused
09/07/10: Appeal & Review Lodged
23/07/10: Pending Appeal Notice Received dated 02/12/10
06/01/11: Appeal Hearing and allowed on 17/1/11

gg234
Member
Posts: 166
Joined: Fri Nov 21, 2008 12:45 pm

Re: Refused

Post by gg234 » Thu Jan 20, 2011 6:33 pm

Instead of appeal try for review it is much easier and less time consuming

Jattboi wrote:Found out today ECO has refused my fiance visa

Reason is i claim tax credits working element and my payslips dont match my bank statements. everything else is passed! need to now go through the appeal stage. any suggestions on this one been along wait 8 weeks seems it will another 6 months.!!!!!

got 28 days to appeal or do a fresh application.

Im patient not stressing out will win Appeal 100% sure

Harpz
Junior Member
Posts: 74
Joined: Sun Apr 11, 2010 11:33 am

Post by Harpz » Thu Jan 20, 2011 8:08 pm

you cannot do review by itself, you have to appeal and in the appeal process they review it first.
17/03/10: Application Submitted (Delhi)
12/06/10: Application Delivered and Refused
09/07/10: Appeal & Review Lodged
23/07/10: Pending Appeal Notice Received dated 02/12/10
06/01/11: Appeal Hearing and allowed on 17/1/11

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Appeal

Post by Jattboi » Fri Jan 21, 2011 7:25 am

Hi everyone, the refusal notice and the documents i submitted to Delhi are on the way from india via courier delivery.

Would u advise me to see a immigration lawyer or go and submit appeal direct
don't want to take risks. docs should be here next week and i got till 9th feb to send my appeal... i think they are sent to Leiceter

Harpz
Junior Member
Posts: 74
Joined: Sun Apr 11, 2010 11:33 am

Post by Harpz » Fri Jan 21, 2011 7:26 pm

Hi Jattboi,

I would advise you to see a immigration solicitor, see what needs to be done.

Good luck with it.
17/03/10: Application Submitted (Delhi)
12/06/10: Application Delivered and Refused
09/07/10: Appeal & Review Lodged
23/07/10: Pending Appeal Notice Received dated 02/12/10
06/01/11: Appeal Hearing and allowed on 17/1/11

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Appeal

Post by Jattboi » Fri Jan 28, 2011 7:41 am

alright harpz have yourself been through the appeals process in UK or any other member.

If so, whats the time line , i have applied for papers only appeal. not an oral hearing due to the length of time it takes for a court hearing apparantly 30 weeks.

Harpz
Junior Member
Posts: 74
Joined: Sun Apr 11, 2010 11:33 am

Post by Harpz » Fri Jan 28, 2011 10:30 am

Hi Jattboi

Yes, I have been through the appeal process. My husband's spouse application was refused.

Due to husbands immigration history we consulted a immigration solicitor here in the UK to make our file for when we applied after our marriage in India.
We applied at Jalandhar VFS on 17th March 2010
We got the documents delivered to his home dead on 12 weeks on 12th June 2010 and was refused.

My solicitor here has a branch in Jalandhar so they sent all doc's to uk branch and my solicitor sent the appeal papers within the 28 days, round about 8th July 2010.

I received confirmation on 23rd July 2010 and on the letter they stated that the ECO has until 2nd December 2010 to send all documents to the judge if he does not overturn the decision along with a statement why he is sticking to his original decision.

I received a letter in October stating that we will have a oral hearing on 6th Jan 2011 in Wales as the ECO did not overturn the decision.

I went to Wales attended the oral hearing and received the determination 17th Jan 2011 and we appeal was allowed.

Now we are waiting for Delhi to send hubby call letter to submit passport so they can issue visa.

I have been told India are fast at sending out call letters and when you do go to Delhi to submit passport they issue the visa same day.

So all in all time has taken from when we lodged our appeal to today about 29 weeks. Time taken for oral hearing has been 25 weeks and 6 days from the day we lodged appeal to attending court hearing.

Long time and is very hard at times but there is nothing we can do apart from just waiting.

Im thinking that your decision will be overturned and won't take the time as a full blown appeal process.

Good luck with it all.

If you got any other questions just ask and do keep us posted it.
Last edited by Harpz on Fri Jan 28, 2011 10:39 am, edited 1 time in total.
17/03/10: Application Submitted (Delhi)
12/06/10: Application Delivered and Refused
09/07/10: Appeal & Review Lodged
23/07/10: Pending Appeal Notice Received dated 02/12/10
06/01/11: Appeal Hearing and allowed on 17/1/11

harv
Senior Member
Posts: 576
Joined: Wed Dec 22, 2010 11:51 am
Location: London
United Kingdom

Post by harv » Fri Jan 28, 2011 10:39 am

Hi Harpz

Thanks for giving all the details, it is indeed very useful information.

I hope you guys (Harpz and Jattboi and everyone else) get your Visa as soon as possible. It is so hard to live apart! best wishes.
Feb 2012 - Spouse Visa - New Delhi
Mar 2012 - Documents collected - VISA Granted
March 2014 - ILR Granted
Apr 2015 - Applied for Naturalisation
Nov 2015 - Naturalised

Jattboi
Newbie
Posts: 35
Joined: Thu Jan 13, 2011 3:26 pm

Appeal time-line

Post by Jattboi » Fri Jan 28, 2011 12:23 pm

Thanks for the replies people much appreciated.

This is my time scale

Applied Jalandhar 15 Nov 2010 fiance visa
Refusal in hand 18 January 2011 (10th Week)
Submission of appeal 26 January 2011 from U.K to A.I.T

Applied for the papers only appeal which should take no more than 12 weeks for decision. If unsuccessful resubmit fresh application April 2011.
Appeal has been sent with paperwork backing the refusal decision and a written statement on why it should be overturned with evidence of new documents.

shab888
Newly Registered
Posts: 1
Joined: Tue Feb 01, 2011 9:49 am

RE: IELTS test for spouse visa applications

Post by shab888 » Tue Feb 01, 2011 10:02 am

I just wanted to share my finding about IELTS and couldnt stop myself from helping all those confused people out there. (I was confused myself....LOL)

Since the UKBA have introduced this new requirement, they have not given much information to the test takers or the solicitors.

My sister in law had to take the test so my brother could apply for her visa. Trust me it has been a mission trying to firstly find out which test to take and where to take it.

Eventually she took the IELTS test, General training at British Council in Islamabad.

She got an overall score 2.5, this includes 3 listening, 3 speaking, 2 writing and 2.5 reading. IELTS only map the scores from an overall grade 4, this is B1 which is normally required for student visa applications.

what we have to do now is provide proof on IELTS comparison and prove the score she has obtained is equivilant to A1 requirement set by UKBA.

I am currently waiting for the British Council in the UK to get back to me on the new comparisons which start from A1.

So if any one who is left scratching their heads watch this space ...I will post the comparisons once i get a reply.

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