Appeal Allowed Visa Stamped Timings - India

Ejaz12 · Post by **Ejaz12** » Thu Jul 07, 2011 6:33 am

Salam all,

My settlement visa has been refused yesterday and i gonna appeal in few days... Can anybody please help whats the time line of appeal.. and whats the step for appeal? Has any1 from india going through this path? please share your experience which can help me.... what is the chances of getting visa by appeal.... ?

Ejaz12 · Post by **Ejaz12** » Thu Jul 07, 2011 6:43 am

Here is the reason of my refusal...

" You have said you will stay with your sister and mother in the UK in house owned by your parents but have not evidenced that your parents own a house, provided any evidence or their income or savings and have not provided an independent report detailing the properties occupancy or capacity."

"You have not shown that you have rent free accommodation available to you as you claim. I m not satisfied that your wife's income would be sufficient either to maintain you or to provide alternative accommodation. You have not shown that you would be accommodated or maintained without recourse to public funds."

Ejaz12 · Post by **Ejaz12** » Thu Jul 07, 2011 6:46 am

Last reason they said You have not submitted your wife's second employments payslips...

In fact i submitted,

Property inspection report
Land registry
Mortgage
accommodation consent signed by my father in law
payslip for both the jobs.

I really feel they were very unfair to me as all the reason they gave is just bullshit, i have submitted all the documents and with me now aswel... they wanted to refuse me anyhow...

Ejaz12 · Post by **Ejaz12** » Thu Jul 07, 2011 6:49 am

Me or My solicitor isn't stupid to apply for settlement visa without this documents... its common sense we must have this documents while applying for the same... It is very frustrating...

Please any senior members and experience members who gone through this process please suggest me what is the best option for me.

Harpz · Post by **Harpz** » Thu Jul 07, 2011 7:37 am

Hi

Sorry to hear about ur refusal, just wanted to ask did you also have a statement from the parents stating you can live rent free for however long you need to?

I also dont think you will have the full out appeal either as you can provide these doc's again before it goes to a court hearing.

Speak to your solicitor and send in the documents they have pin pointed and decision should get overturned.

Good Luck

Ejaz12 · Post by **Ejaz12** » Thu Jul 07, 2011 7:45 am

Yes i submitted statement signed by my father in law... that i can live in house rent free till whenever i want.... it is with me now they sent me back with refusal...

immigrant_aa · Post by **immigrant_aa** » Thu Jul 07, 2011 10:54 am

Ejaz12 wrote:Yes i submitted statement signed by my father in law... that i can live in house rent free till whenever i want.... it is with me now they sent me back with refusal...

Hi Ejaz,

Sorry to state the obvious, but it seems that the discrepancy seems to be in where you are going to stay:

From the ECO's wording it seems that s/he thinks that you are going to stay with your sister and your mother but you are saying that you submitted the papers from your father-in-law.

Which is the case?

Ejaz12 · Post by **Ejaz12** » Thu Jul 07, 2011 11:48 am

Ofcourse my wife's mother and sister which i mentioned in application form in sponsor's details....

immigrant_aa · Post by **immigrant_aa** » Thu Jul 07, 2011 12:07 pm

Ejaz12 wrote:Ofcourse my wife's mother and sister which i mentioned in application form in sponsor's details....

But then why did you get a letter from your father-in-law, and not your mother-in-law and sister-in-law?

The person(s) you said you are going to be living with are the ones who should own the house. And you need a letter from them.

Ejaz12 · Post by **Ejaz12** » Thu Jul 07, 2011 12:17 pm

I thought main property owner is my father in law so i just got statement from them... Didnt from mother and sister.... Do i need to sign latter from all???

immigrant_aa · Post by **immigrant_aa** » Thu Jul 07, 2011 1:02 pm

Ejaz12 wrote:I thought main property owner is my father in law so i just got statement from them... Didnt from mother and sister.... Do i need to sign latter from all???

Yes. If you said in your form that your sponsors are your mother-in-law and sister-in-law, then they must own the house and give a letter of consent to you. And you should provide financial details.

But if your father-in-law is the property owner, and has given you a letter of consent then you should have stated him as the sponsor on your form.

And if the property is jointly owned by father-in-law and mother-in-law then you need a letter of consent signed by both of them saying that they will let you say for however long you want, for free.

Ejaz12 · Post by **Ejaz12** » Thu Jul 07, 2011 3:30 pm

I just said my sponsor is my wife.... And as for accomodation its on the name of my father in law and he signed accommodation consent latter.....

Post by **batleykhan** » Thu Jul 07, 2011 11:33 pm

Ejaz12 wrote:Here is the reason of my refusal...

" You (Ejaz - the applicant for visa)have said you will stay with your sister and mother in the UK in house owned by your parents but have not evidenced that your parents own a house, provided any evidence or their income or savings and have not provided an independent report detailing the properties occupancy or capacity."

"You have not shown that you have rent free accommodation available to you as you claim. I m not satisfied that your wife's income would be sufficient either to maintain you or to provide alternative accommodation. You have not shown that you would be accommodated or maintained without recourse to public funds."

As I read this the ECO is saying you have said you are going to live with your own sister and mother (not your sister and mother in law as you are claiming) and as such has not provided document from your blood sister and mother regarding the property, but instead you have provided letter from your father in law to say that you can stay with them. Are you sure you haven't got your parents confused with your parents in law?????

In my opinion either you have not explained your circumstances clearly or the ECO has cocked up by thinking you are going to live with your own sister and mother instead of sister and mother in law.You have in the meanwhile provided letter from your father in law who probably has nothing to do with the property at all.

I asked you to give a full explanation (word for word) for the refusal as in the notice and not what you think you have been refused for.It may then make sense. Please do this, as your comment has just confused everybody including yourself

Ejaz12 · Post by **Ejaz12** » Fri Jul 08, 2011 5:10 am

I already mentioned refusal word to word notice.... here it is again

" You have said you will stay with your sister and mother in the UK in house owned by your parents but have not evidenced that your parents own a house, provided any evidence or their income or savings and have not provided an independent report detailing the properties occupancy or capacity."

"You have not shown that you have rent free accommodation available to you as you claim. I m not satisfied that your wife's income would be sufficient either to maintain you or to provide alternative accommodation. You have not shown that you would be accommodated or maintained without recourse to public funds." Para 281 (iv,v)

I have therefor refused your application because I m not satisfied. On the balance of probabilities, that you have meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

immigrant_aa · Post by **immigrant_aa** » Fri Jul 08, 2011 5:13 am

Ejaz12 wrote:I just said my sponsor is my wife.... And as for accomodation its on the name of my father in law and he signed accommodation consent latter.....

But why does the ECO think that you are going to stay with your mother and sister?

Did you state them anywhere on the form?

Because you state earlier in this post that you put them in sponsor details - why did you list them as sponsors?

Clearly something has gone wrong somewhere, and I am not sure we have all the facts straight here.

Ejaz12 · Post by **Ejaz12** » Fri Jul 08, 2011 5:22 am

Now Column No. 8.6 in the application form which is "Your life in the UK"

8.6.1 Does your sponsor own this property
Ans. No

8.6.3 If "no" on what basis does your sponsor occupy this property e.g. rented, own by a parent
Ans. Parent Property

8.6.6 Does anyone, other than your sponsor, live in the property?

Full name Age Relationship to sponsor
Z. Saiyed 16 Sister
B. Saiyed 45 Mother

Now how can he be confuse over my own sister and mother... Its clearly mentioned in the form.....

And i said my wife does not own this property of course her father owned it. and all the documents of same property were submitted. Now either he just cooked up the reason just wanted to refuse or he is illiterate. I m yet confuse y did he refuse... I dnt understand at all.....

Ejaz12 · Post by **Ejaz12** » Fri Jul 08, 2011 5:28 am

By mistake My solicitor just didnt mention the name of my father in law who is too living in this property...It may be the reson for refusal

Ejaz12 · Post by **Ejaz12** » Fri Jul 08, 2011 5:42 am

It was silly minor mistake, will make me wait for another 6 month....

immigrant_aa · Post by **immigrant_aa** » Fri Jul 08, 2011 5:42 am

Ejaz12 wrote:By mistake My solicitor just didnt mention the name of my father in law who is too living in this property...It may be the reson for refusal

Sorry Ejaz, two points:

1. I think it is BIG mistake on your soliticors' part that he didn't mention the father-in-law, it is BIG mistake.

2. Your sister and mother are NOT the same as your sister-in-law and mother-in-law.

You must take it up with your solicitor...

Ejaz12 · Post by **Ejaz12** » Fri Jul 08, 2011 5:46 am

I m agree with your 1st point but i dnt with second point

Because in application form it was asked who is living in the property & what is their relation to sponsor... they are sister and mother of my sponsor....

immigrant_aa · Post by **immigrant_aa** » Fri Jul 08, 2011 7:18 am

Ejaz12 wrote:I m agree with your 1st point but i dnt with second point

Because in application form it was asked who is living in the property & what is their relation to sponsor... they are sister and mother of my sponsor....

Hmm you are right. In any case, I think you should appeal, but I also think you should be able to sue your solicitor for negligence in his work.

Have you informed him about the outcome? What did he say?

So sorry!

immigrant_aa · Post by **immigrant_aa** » Fri Jul 08, 2011 7:28 am

Ejaz12 wrote:I m agree with your 1st point but i dnt with second point

Because in application form it was asked who is living in the property & what is their relation to sponsor... they are sister and mother of my sponsor....

Hmm you are right. In any case, I think you should appeal, but I also think you should be able to sue your solicitor for negligence in his work.

Have you informed him about the outcome? What did he say?

So sorry!

Ejaz12 · Post by **Ejaz12** » Fri Jul 08, 2011 7:49 am

Yes i m going to appeal... and yes i told him outcome... let c now wat happens weather ECO will overturn decision or not... Hope for the best

Post by **batleykhan** » Fri Jul 08, 2011 10:11 am

immigrant_aa wrote:
Ejaz12 wrote:By mistake My solicitor just didnt mention the name of my father in law who is too living in this property...It may be the reson for refusal
Sorry Ejaz, two points:

1. I think it is BIG mistake on your soliticors' part that he didn't mention the father-in-law, it is BIG mistake.

2. Your sister and mother are NOT the same as your sister-in-law and mother-in-law.

You must take it up with your solicitor...

Ejaz if what you are saying is true then the ECO has made the mistake, not you or your solicitor. The fact that you did not mention your father in law is irrelevant. Who was this solicitor that was acting on your or your wifes behalf? . Was he a UK solicitor, or was he he an agent acting on your behalf in India. At the end of the day if someone has completed the forms wrong on your behalf or made a mistake, then you have only yourself to blame and can not argue with the ECO that it was not your fault. By signing that application you are sating that information you have given is correct. Its up to you to check it.

Anyway if what you are saying is true and it can be proven that the ECO has made the mistake , then its easy to prove this. Please do note the time limit on your appeal.

Ejaz12 · Post by **Ejaz12** » Fri Jul 08, 2011 10:55 am

The solicitor who filled up the form is from India but with the presence of me so i m not blaming him... & he thought my wife is sponsor so as my father in law who is sponsoring us by staying in his home so we didn't mention either my wife or my father in law name.

Because question was asked who other than your sponsor is living in this property?

Batleykhan what do you think the case will be complicated one or it can overturn?

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Appeal Allowed Visa Stamped Timings - India

Appeal Allowed Visa Stamped Timings - India