Dependant VISA rejection

nattu · Post by **nattu** » Sat Jun 04, 2011 1:16 pm

. I applied for a tier 1 VISA in 2009 Oct and I was issued the same.I moved from a HSMP category to Tier 1 .This VISA is now valid from Jan 2011- Jan 2013.

However I left UK in Nov 2009 to India and have been working in India till date .However , I got an assignment in UK from my indian employers and now I am in London since a month . I married in Jan 2010 . I applied for my wife's dependant VISA when I was in India , I left India 3 days after applying ffor her VISA . This dependent VISA has been rejected .They say they need some proof of communication bettween me and Her since we have been married for a period but there is no document showing we are together. What can I do ? what documents are enough to show that we have been living together?
I am under the impression that the Embassy are unaware that I have out of the country during these days ,
However , all my bank documents have the proof of my stay in India.
Should I reapply or appeal .Now that I am in London, How can I get her VISA done ?

Post by **vinny** » Sat Jun 04, 2011 1:29 pm

What's your assignment?
How long is it for?
Are you paying UK taxes?

nattu · Post by **nattu** » Sat Jun 04, 2011 1:34 pm

all my taxes are taken care by the employer since I am on a business visit but I am here with my tier 1 visa and not the employers business visa.

I will be here for atleast 6 months with high probabity of extension ,
My business is Information technology support

Post by **vinny** » Sat Jun 04, 2011 5:53 pm

nattu wrote:all my taxes are taken care by the employer since I am on a business visit but I am here with my tier 1 visa and not the employers business visa.

Be careful. Your Tier 1 leave may not be appropriate for your purpose in the UK (323).

nattu · Post by **nattu** » Sat Jun 04, 2011 6:58 pm

I did not understand , Am i doing something illegal here ? . I am working in the same company (indian employer) here. we have offices in both india and London.ony thing is that I am using the visa that I have already .

ddb · Post by **ddb** » Sat Jun 04, 2011 7:40 pm

I'm open to correction. I don't think he's doing anything illegal. I mean if the company's sorting out his taxes correctly on his behalf, then I don't see the problem. I suppose if his salary is being paid into his UK account from the company's UK branch, and he has a NI number, then his taxes have to be paid to the HMRC. Vice versa for when he goes to work in the company's Indian branch.

Open to correction from others.

tier1_applicant · Post by **tier1_applicant** » Sat Jun 04, 2011 7:49 pm

nattu wrote:all my taxes are taken care by the employer since I am on a business visit but I am here with my tier 1 visa and not the employers business visa.

How company can offer him UK salary and pay taxes in UK when they are treating him as a business visitor.

ddb · Post by **ddb** » Sat Jun 04, 2011 8:23 pm

tier1_applicant wrote:How company can offer him UK salary and pay taxes in UK when they are treating him as a business visitor.

Hmm, I see what you mean. As a business visitor, he should receive his salary from abroad. So at the end of the day, his earnings would be classed as overseas earnings so the company should be sorting out taxes in India then.
I still think he's legal. Overseas earnings are still taken into account when considering a Tier 1 (General) application. As long as all the requirements are met, I think an extension can still be made with no hassle.

Post by **vinny** » Sat Jun 04, 2011 9:23 pm

nattu wrote:all my taxes are taken care by the employer

Can you explain in more detail on how your employer takes care of your UK taxes and salary? Will you fill out a UK tax return, etc?

nattu · Post by **nattu** » Sat Jun 04, 2011 9:28 pm

All fine, On the dependant visa , it was rejected because they say evidence of marriage alone is not enough since I was married in Jan 2010 an now its June 2011. Since this is a significant time they need proof of the couple in constant touch , say emails ,phone records .I do not understand one thing , if I was with her in India (Proof of address my Bank statement) in the same house . why are they asking me telephone records , emails ??? Do they still think I was in UK after my marriage and she is still in India ? .

mulderpf · Post by **mulderpf** » Sun Jun 05, 2011 11:16 pm

nattu wrote:Do they still think I was in UK after my marriage and she is still in India ? .

Only the ECO can answer that.

As you left immediately after applying for the visa, it must have shown up on their system that you are now in the UK and your wife is in India (remember, the passport which you travelled on and that they scanned upon entry in the UK is the same one you would have supplied for her dependent application).

It could be that the way in which you applied for the visa (applied and then immediately left for the UK) is what flagged this up. Most people apply for dependent visas either together with initial if they are married already, or shortly after they got married. It's been almost a year and a half since you were married before you applied for a dependent visa....

nattu · Post by **nattu** » Mon Jun 06, 2011 8:57 am

So what that I can do as a proof to show that we have been living together in India ,.
Housing society letter ? stamped ?
Do they accept it ?
Also for local address proof in UK , do they accept company's letter confirming my stay or they accept only rental agreement or Electricity or gas bills in my name ? Please help .I can get only the company letter ,
Since I live in a company accomodation , what proof is acceptable?

mulderpf · Post by **mulderpf** » Mon Jun 06, 2011 10:33 am

As per your original post, they need proof of communication, not proof that you were once living together.

So just get some detail billing or a print-out of Skype calls or whatever means you use to stay in contact with your wife back home.

You need to show that even though you are in London now, you are still staying in contact with your wife. Your assumption that the embassy where you applied has no record of your entry into the UK, is wrong - I am sure that UKBA scanned your passport when you entered and they are aware that you are in the UK now (the staff at the border were fully aware of my working holiday I took almost ten years ago on a different passport to the one I used to enter, so their systems are not as bad as some people make it out to be).

nattu · Post by **nattu** » Mon Jun 06, 2011 11:24 am

I do not understand prooof of communication if we both lived in the same house for more than a year why would someone use skype calls when they live together ?
Say i reapply again , me showing society letter confirming we lived together till the date i left India , will that work ?

and now I have moved to Uk (Only last month) and email copies of communication with her happening till date since my arrival to UK, will these documents work ?

innocentdevil · Post by **innocentdevil** » Mon Jun 06, 2011 11:52 am

unfortunately, that is how it is. you need to stop arguing and get the docs sorted as soon as possible. the sooner you do that the sooner your good lady will be here with you.

mulderpf · Post by **mulderpf** » Mon Jun 06, 2011 12:25 pm

As stated before - proof of communication and also all the other proofs that you have of living together would be helpful.

Simply providing bank documents saying that your documents go to the same place, does not necessarily cut it. Unfortunately you find yourself in a difficult situation and you need to pull out all the stops to prove that you were living together for a significant amount of time and while you were not living together, you were in constant contact with your wife.

When you do this, keep in mind the point of view of an ECO who will be looking at your application. Having your post go to the same address as your wife simply means you changed your address (I'm in London, but I have all my post in my home country go to an address there - it does not mean that I am there, it simply means I have used another address for post).

So anything else that you can think of, take it and put it together. When I applied for my partner's dependent visa (we are not married), we took everything from joint bank statements, detail billing showing us phoning each other for arbitrary stuff (even though we were living together), wills, a passport stamp breakdown showing our joint holidays and even a newspaper clipping that was about 5 years old. Think outside the box - there's not a set number or type of document you have to send in. You can send in photos (obviously if there is some way they can "deduce" the date from it), Skype message logs, emails, love letters, accounts, agreements and so on and and so on. I just picked four different types of proof for each year which clearly shows commitment (wills, joint accounts) or living together (photos and newspaper clippings).

Basically anything will do, but bear in mind that you need to show that you were together, not just using the same address.

nattu · Post by **nattu** » Mon Jun 06, 2011 2:12 pm

infonex : Please use a different chain for your concerns , post it as different topic please , else Confusion arises

Coming back to my case:
Can I Produce letter from Notary stating that we have been staying together and also letters from the company showing my address proof in India and confirming my Wife's name in the company record for all these days ?

Also letter from the secretary of the housing society where we have lived together ?

Author Message
innocentdevil Posted: Mon Jun 06, 2011 12:57 pm Post subject:

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the ID checking service --- do they accept that ?

you could have best getting the passport notarized/ attested.

also, as asked above, did you include all pages including visa pages as well.

Its making me worried me now on how many refusals we have on petty matters, I am back here now but going to send a notarized copy of my passport with visa pages before I get my wife to go to gerrys in Pakistan.

mulderpf Posted: Mon Jun 06, 2011 12:39 pm Post subject:

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Did you include a copy of your visa as well or just the info page in your passport? What exactly was included in your "copy of my passport"?

mulderpf · Post by **mulderpf** » Mon Jun 06, 2011 3:00 pm

nattu wrote:infonex : Please use a different chain for your concerns , post it as different topic please , else Confusion arises

Coming back to my case:
Can I Produce letter from Notary stating that we have been staying together and also letters from the company showing my address proof in India and confirming my Wife's name in the company record for all these days ?

Also letter from the secretary of the housing society where we have lived together ?

Yes, it would be acceptable, whether it would be enough, I'm not sure. Don't you have any joint accounts (which shows commitment as well as just living together)? Also, you specifically mention the communication bit in your original post and you keep ignoring this, besides the fact that they specifically asked that you prove it. Just give them as much as possible so that there can't be any doubt that it's a legitimate marriage...

nattu · Post by **nattu** » Mon Jun 06, 2011 6:12 pm

I do not have a joint account , What are the other documents that show commitment when both stay together?
Photograohs wont have dates right ?
Emails ?

pennylessinindia · Post by **pennylessinindia** » Tue Jun 07, 2011 2:00 pm

vinny wrote:
nattu wrote:all my taxes are taken care by the employer
Can you explain in more detail on how your employer takes care of your UK taxes and salary? Will you fill out a UK tax return, etc?

You have still not answered this question?

nattu · Post by **nattu** » Wed Jun 08, 2011 12:13 pm

I am being paid Daily perdiem . and themy employer will take care of the TAX stuff with the s=auditiors KPMG , Since My actual salary is indian and being paid perdium daily here all the tax stuff is taken care by the employer and KPMG.

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Dependant VISA rejection

Dependant VISA rejection