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bringing wife here

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sanjay45
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Posts: 28
Joined: Sun Sep 17, 2006 3:26 pm

bringing wife here

Post by sanjay45 » Sun Sep 17, 2006 3:39 pm

Hello guys,

I am on astudent visa and got married in june in India. However when I went to british embassy in delhi to get her a visa so that she could accompany me they refused her visa on grounds that she will never return and that her husband is not abonafide student. Also, suggesting that as my salary was around 1050 on my bank statement, he said that at 20hours per week your husband cannot earn that much...The entry clearance officer was just using his assumptions..

My friends had no problem in getting their wife's.

What shall I do?

Jeff Albright
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Posts: 752
Joined: Tue Jun 29, 2004 10:25 am
Location: Perth, Australia

Re: bringing wife here

Post by Jeff Albright » Sun Sep 17, 2006 11:15 pm

sanjay45 wrote:The entry clearance officer was just using his assumptions..
Not assumptions but probabilities.
What shall I do?
Appeal, if you have the right.

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Post by Administrator » Mon Sep 18, 2006 8:27 am

.

Here are all three posts you made :


http://www.immigrationboards.com/viewtopic.php?t=10089
sanjay45 wrote:First I must say that it is a greatvforum and does provides some invaluable information.

I am on a student visa and got married in June. If my wife comes here from India and I get her enrolled into a course then is it true that I then being her dependent can work full time. OR I have to continue my studies.

Please advice.
I think what you mean by this is that

1) you are in the UK as a student now

2) you wish to bring your wife as your dependent

3) once she is here, then

4) she will change her visa to a student status from dependent

5) you will then change your student visa to dependent status

6) then you will find work as a dependent


First problem, when you attempt to bring her here, you must document that you have enough income and resources to support both of you.

Then, when she becomes a student, she will have to submit documentation that she has enough income/resources to support herself plus you as her dependent.

All that being successful, then you may proceed to step 6).



However .... this is really your first problem:

http://www.immigrationboards.com/viewtopic.php?t=10088
sanjay45 wrote:Hello guys,

I am on astudent visa and got married in june in India. However when I went to british embassy in delhi to get her a visa so that she could accompany me they refused her visa on grounds that she will never return and that her husband is not abonafide student. Also, suggesting that as my salary was around 1050 on my bank statement, he said that at 20hours per week your husband cannot earn that much...The entry clearance officer was just using his assumptions..

My friends had no problem in getting their wife's.

What shall I do?
The entry clearance officer has complete discretion at his judgement. You can appeal. But you will have to explain each point of your wife's application that the officer had concerns about.

You were determined to not be a bonifida student. That's somewhat interesting since you are currently in the UK on a student visa. I'd be very curious to understand that part of the story.

''salary was around 1050'' doesn't help us much here. Do you mean annual gross income of 1,050 GBP? Or monthly net income? Regardless, your bank statement isn't the document I think they need on this .. I think they need the pay stubs from who you are working for. If you are a student, you have to explain who you are working for and under what arrangements such work is legal. They may want to contact your employer, among other checks.

So, what did your friends do? Compare the exact details of what they did to yours and find the differences.

You have the additional difficulty now that your wife has been denied an entry visa .. you will have to explain that on future applications. Make sure you understand very precisely what happened so that the explanation doesn't result in future denials.


http://www.immigrationboards.com/viewtopic.php?t=10087
sanjay45 wrote:Hello guys,

I have been getting good offers in sales, paying around 22k -24k plus commission BUT I am not sure if these jobs can help me in getting work permit. I have an MBA from UK plus expereince in sales.

Please advice if solicitors can help me. Also I will be completing 10 years in UK next year november.
If someone is offering you employment, then they will know if you qualify for a work permit. Your employer will have to contact immigration and get the proper applications, fees and permission in order.

If you want to see what your employer must do, go to this page :

http://www.workingintheuk.gov.uk/conten ... epage.html#


You have been in the UK for ten years, but you don't seem to be qualified for ILR? Is that correct? I have a difficult time believing you have been a student all this time, but I suppose it's possible. You should have a degree from the UK by now (?). That should help somewhat.

Do you have skills and education to qualify for HSMP? That would certainly be your best option, if possible.

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Dawie
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Joined: Mon Jan 16, 2006 1:54 pm
Location: Down the corridor, two doors to the left

Re: bringing wife here

Post by Dawie » Mon Sep 18, 2006 10:23 am

sanjay45 wrote:Hello guys,

I am on astudent visa and got married in june in India. However when I went to british embassy in delhi to get her a visa so that she could accompany me they refused her visa on grounds that she will never return and that her husband is not abonafide student. Also, suggesting that as my salary was around 1050 on my bank statement, he said that at 20hours per week your husband cannot earn that much...The entry clearance officer was just using his assumptions..

My friends had no problem in getting their wife's.

What shall I do?
What is of concern is that you don't actually deny the fact that the entry clearance officer has declared you to not be a bona fide student. Are you really a genuine student? From what you've written it sounds like you're trying to perform a really clumsy dodge here and I'm afraid to say that the entry clearance officer has probably correctly summed you up.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

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