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please advise me about my visa

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

geriatrix
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Post by geriatrix » Mon Oct 10, 2011 5:49 am

manohar26 wrote:I Checked my Indian qualification is recognised and i got 10 marks for my english language and i checked the TIER 2 GENERAL ON PB CALCULATOR....is that ok or u want to check for other one???
Select any Tier you wish to, no problem.

Take a printout of the page that shows PBS calculator awarding 10 points for the qualifcation, and include it in the application along with your degree certificate.
Life isn't fair, but you can be!

manohar26
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Post by manohar26 » Mon Oct 10, 2011 9:48 pm

i Checked my english score on PB calculator and i gained 10 marks for it and i have a letter from my university stating the medium is ENGLISH and i have original transcript of my award...I think, i meet the english requirement as per UKBA policy..

Do i need to take the photostat copies of all the originals?? Do i need to have supporting letter from family or friends?? if so, any specified bond paper or it could be on A4 white paper???

Please clarify these doubts as well

1.I have my wifes statement and a letter from the bank advising the funds and its dated 30 September 2011...Do i need a fresh one?? or how long the old letter would be valid as per UKBA policy???

2.Do i need to have any others document or documents to support for my visa???

Please clarify...thanks a lot in advance

manohar26
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Guys!!! Please reply

Post by manohar26 » Wed Oct 12, 2011 10:04 pm

Please reoply...thanks a lot

lijogk
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Post by lijogk » Thu Oct 13, 2011 11:35 am

I just received my visa . u need naric comparabilty letter .
Degrees taught in English

If you have an academic qualification which is deemed by UK NARIC to meet the recognised standard of a Bachelor's degree, we will accept this as evidence that you can speak and understand English to level A1 of the Common European Framework of Reference. Therefore you do not need to take a test.

For information about Masters Degree's and PhD's please see the new English language requirement for partners (PDF 86KB opens in a new window).
http://www.ukba.homeoffice.gov.uk/sitec ... e-partners

To get a naric certificate , use that fast track method .Fax a covering letter saying u need comparabilty letter +your degree certificate+transcript of marklist

Then they will email you asking for payment within 1 day . Make the payment and you will receive a comparabilty letter within 1 week or so ..or better ask them to send the comp letter to your partner in uk .. then ask him/her to send it to you via DHL ..


regards
lee




manohar26 wrote:Hi john

Thanks for ur reply..I do have the original certificate and it complies with the requirements.. means, it has my name, year, university and the award and other details and it was taught in english as i have a letter from the university

But i DONT have a letter from UK Naric stating that my bachelors is equal to UK bachelors...I am really worried....please advise

Hi Sushdmehta..i didnt finish my masters in management so far in UK

manohar26
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Moderators and seniors and anyone who had applied frmVFS HYD

Post by manohar26 » Wed Nov 30, 2011 3:28 pm

hey guys...!!!!! Please please help me out...

On 16Th November applied for my settlement visa thru VFS hyderabad, India

It was on process from 21st of November and today , the status has been changed to " my passport is ready for collection....


Am very very excited and confused and cant wait anymore to see my passport.......

I really need your suggestion(s) as you guys are very experienced on this forum..Please let me know whether i will get my visa tomorrow or not....

geriatrix
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Post by geriatrix » Wed Nov 30, 2011 4:03 pm

Unless there's a clairvoyant amongst the forum members, no one can give you the answer you are looking for.

So, options:
1. Ask a clairvoyant.
2. Wait until the passport is in your hands.
Life isn't fair, but you can be!

diehard
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Post by diehard » Wed Nov 30, 2011 7:53 pm

I just did a heads or tails ............heads u get it tails u dont
so it is........


heads :)

manohar26
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Post by manohar26 » Wed Nov 30, 2011 8:27 pm

Thanks a lot Diehard.........

DO UKBA issue settlement visa within 8 days in India thru VFS Hyderabad???

diehard
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Post by diehard » Wed Nov 30, 2011 8:47 pm

thats why i was wondering u will get it, as this is very quick

as normally i have seen most cases, people who have to wait 8-12 weeks get refusals

best wishes to u man

manohar26
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Post by manohar26 » Wed Nov 30, 2011 9:02 pm

Thanks a lot die hard... I am so nervous and tensed eversince i got a text message from VFS in the evening at 5.30 pm on my phone....

I would be the happiest person as my wife is eagerly waiting for me in Scotland...

I have read most of the cases which were processed in 10 working days were successful.......

but still very very nervous as nobody knows what really their decision...

Thanks a lot for ur wishes

geriatrix
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Post by geriatrix » Thu Dec 01, 2011 3:40 pm

manohar26 wrote:My spouse visa application was rejected under sec 320(11) of uk immigration law...

I really want to appeal against the decision of Entry Clearance Officer and i need the support from seniors and also from Moderators...

Date Of Refusal 29/11/11
Date sent to applicant --30/11/11
Actually received on 01/12/11
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Thu Dec 01, 2011 3:41 pm

Why have you beein refused under 320(11)? Anything associated with the following:
manohar26 wrote:I had worked part time while i was on student visa in UK

I went to UK on a student visa and overstayed only for 13 days because of the health reason
Post the contents of the refusal letter (with personal details omitted).
Life isn't fair, but you can be!

manohar26
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Post by manohar26 » Fri Dec 02, 2011 5:49 am

The decision --

1)You have commenced your course in Feb 2010, however from the email correspondence from Course Leader , it is clear that you failed all the 4 modules and did not attempt to resit your exams in August 2010. You have admitted in your covering letter you have not been a student since May 2010, the reason you have given is the cold weather and depression. You did not attempt to pursue your course and comply with the student immigration rules under which your entry was granted. You did not move back to India infact, you stayed in the UK till 14/02/2011 and have admitted that you overstayed in the UK by 14 days.

You have not explained how you supported yourself in the UK since May 2010 in your covering letter you have not submitted any evidence to this and I am therefore satisfied that you did not comply with student visa and have significantly contrived the intentions of the immigration rules under which your student visa was issued and hence your application is refused under 320.11


My explanation---I did not fail all the 4 modules infact, i passed one and i have proof for it..I never admitted that i am not a student since May 2010..I only stated after my modules, i have a four months holidays to start my second semester..

I did attempt to pursue my course and I attached many emails how i attempted to ask my course leader to pursue the second semester and a second chance to resit my exams.

I have not explained in the covering how i supported myself in covering letter but i provided my relieving letter from burger king clearly stating that i worked from Nov 2009 to Dec 2010 and also provided my payslips along with the application....

The decision made by ECO is ridiculous....I attempted to pursue my course with course leader and he gave me the appointment to meet him up personally thru email and said he told me that he cant allow me to pursue further...

I did provide a letter from burger king that i worked fr 13 months and also the payslips..

manohar26
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Post by manohar26 » Fri Dec 02, 2011 5:58 am

Can i appeal?? if so...Do i need to post again all the photostat copies to uk border agency or can i also submit the additional documents with the application IAFT-2

geriatrix
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Post by geriatrix » Fri Dec 02, 2011 10:32 am

Correct me if I am wrong but it seems that:
1. you did not study after being told that you could not re-sit the exams you failed / did not appear for (or, from the other perspective, were told by the Tier 4 sponsor staff that you could not continue your studies because you failed / did not appear for some exams), and
2. you continued to remain in the UK until 14 days after the expiry of your student leave, and
3. you continued your employment throughout this period.

Questions:
1. If point 1 is true, when (which month) were you told that you could not continue and that your place from the course has been terminated? (The Tier 4 sponsor would have reported termination of sponsorship to UKBA).
2. Did UKBA have your contact details, current at the time, during your stay in the UK?
Life isn't fair, but you can be!

manohar26
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Post by manohar26 » Fri Dec 02, 2011 1:03 pm

Yes...You are correct...I did not study after i was told by my course leader that i cant neither write the modules for the second time and nor attend the second semester..This was told by course leader nov 2010 ending on a face to face interview...Till then, i was a student as per uni rules...

Yes ..I continued to remain for 14 days after the expiry of my visa...

Yeah....I continued to work till dec 2010( Only one month extra after nov 2010)

manohar26
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Post by manohar26 » Fri Dec 02, 2011 1:05 pm

it the month ending nov 2010 face to face...I am looking the mails on a written confirmation from uni as it could be after nov 2010..

geriatrix
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Post by geriatrix » Fri Dec 02, 2011 1:07 pm

manohar26 wrote:Yes...You are correct...I did not study after i was told by my course leader that i cant neither write the modules for the second time and nor attend the second semester..This was told by course leader nov 2010 ending on a face to face interview...Till then, i was a student as per uni rules.
Given that and assuming that you were attending college during term time until Nov. 2010, IMHO, you must appeal .. if given the right ... to prove that refusal under 320(11) is not appropriate.
Life isn't fair, but you can be!

manohar26
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Post by manohar26 » Fri Dec 02, 2011 1:24 pm

yeah...ECO gave me a right to appeal against the notice of decision...

Please let me know the procedure for appeal..
DO i need to send again all the same documents??? Can i send additional supportive documents as per the leaflet of appeal form???
28 days or 28 working days???? 28 days counted form the date of refusal or date of receiving the notice???

geriatrix
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Post by geriatrix » Fri Dec 02, 2011 1:33 pm

Life isn't fair, but you can be!

manohar26
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Post by manohar26 » Fri Dec 02, 2011 5:03 pm

ECO also asked how did i support myself from Feb 2011 to till date and also stated that i did not submit any employment letter or anything else to prove that the funds in my account are genuine funds..

Can i submit my offer letter and payslips and also some financial support from my brother???

diehard
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Post by diehard » Fri Dec 02, 2011 7:50 pm

Yes u can,
also with your appeal you can and you have to submit 'additional documents' that is anything u had not sent earlier.

and for each refusal reason write a detailed justification with documents as proof or even try and see a professional

and u got 28 calendar days from the day you receive the refusal, so dont wait for the last minute

manohar26
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Post by manohar26 » Mon Dec 05, 2011 7:26 pm

Please read the notice of Immigration decision (attached) and my explanation how the entry clearance officer (ECO) misunderstood and have not properly gone through my covering letter nor the documents , I had submitted along with my application-

1) Immigration officer stated in the letter that I had admitted in the covering letter that I have not been a student since May 2010. I attached my covering letter and I only informed that I finished my first semester during the month of May and I never informed or stated that I have not been a student since May 2010.



The immigration officer stated that I did not attempt to pursue your course which is not correct.



My email dated 06th December 2011 to my course leader and I had clearly mentioned that I am very much interested to pursue the course as I don’t want to ruin my career without masters from the university.(just copied the same words from the email).. I was very much interested to pursue my course and even I took an appointment to meet my course leader to discuss further. He gave me an appointment in his email dated 06th Dec 2010 to meet him personally on 09th December 2011( Thursday)…This shows that I am very much interested to pursue my course.



In the second paragraph of the letter, ECO stated that I have not explained how I supported myself in the UK since May 2010 in my covering letter and I have not submitted any evidence to this.



Please refer to my covering letter dated 09th November 2011 with the title “JOB OFFER” and I clearly stated that I worked for burger king as a counter assistant in (U.K) and I also provided an original letter from the burger king which clearly states that I worked for burger king when I was in xxxx and also provided pay slips during my stay in the UK.



Even though I had provided the letter from the burger king and also the pay slips along with the application letter and I did mention that I had worked for burger king in the covering letter and this is very obvious that how I supported myself in the UK.



In the third paragraph of the letter, you did mention that I have been in India since February 2011 and I have not provided any evidence of my employment in India.



I never knew about the fact that I need to provide my employment details in India and also I thought that a few months employment in India would not add any significance to my application and on the top of it, I left the organization in the month of October 2011 and relocated to xxxxx to start processing about my visa. I am enclosing the offer letter by the organization and also the relieving letter for your further reference and I also got gifts in the monetary value from my brother and also my close friend which would amount to Rs 1,25,000.00 and I used to draw an average salary of Rs 28,350.00 for six months which would amount to Rs 1,70,100.00 and I had my savings from a very long time for more than Rs 45,000.00 in my account and all together would count for more than Rs 3,40,000.00





In the fourth paragraph of the letter, you stated that my brother paid for my spouse return ticket to India.



I agree with that but the facts behind my brother paying the fight tickets are my wife does not have a credit card nor does she know how to book an international flight ticket and I don’t have a credit card as well. They talk to each other on social network site and she already paid the money to him so he paid for the flight ticket and I intentionally never planned her trip to come to India.



I completely disagree on the fact as stated by ECO this a marriage of Convenience or a sham marriage.



Having known my wife for more than 19 months from the day I first met in Aberdeen (I first met her in xxxx in April 2010) and we speak every day on the phone and also on the internet and it has been happening from the day ,i met her . I did provide at least hundreds of emails on yahoo and also a very very long conversation on the facebook and which clearly says that I speak to my wife on everyday basis. For your information, I submitted all the emails, we spoke to each other from the month of September 2010 to November 2011 and also I submitted my post paid bills for more than four months after my wife went to xxxx and also provided a couple of photos which showed that my wife called me up from her mobile number xxxxxxxx for 612 times in a span of 30 days. Having called 612 times in a span of 30 days, just imagine the way, we love each other.



I strongly disagree on the fact, her trip was planned by me.. I don’t think , she is a small kid where I have influenced her to come to the UK for the marriage. She is a British and she has a very good understanding of me and she loves me a lot and only love make her to come to India and after coming to India, she doesn’t want to leave me so she married me in front of my relatives, colleagues and close friends.



Had it been a marriage of convenience, I would have never introduced my brothers, sisters and other relatives, colleagues and friends to her. I would have taken to her to other city of my choice in India and I would have married without everyone and I would not have wasted time close to a year on her and I would have concentrated on my career in India having worked for worlds best bank for close to three years in the past. And also I would not have spoken for such a long time on yahoo, gmail and facebook and on my mobile phone. I spend atleast 6 hours on phone with my wife, is it any necessary that I need to talk and spend for such a long time with my wife if it’s a marriage of convenience..



I love to talk to her and spend time because its not a marriage of convenience and it’s a genuine marriage and marriage after we loved a lot each other in Aberdeen. Its 200 percent a genuine marriage as registered by the marriage registrar R. Mukunda Rao in xxxxx on 13th May 2011.( The happiest day, I will never ever forget about it and I strongly believe in Hindu culture that marriage is done only once and we have to stick to the same girl forever n ever till I die and this is the importance of a marriage in Hindu culture in India..



Coming to the last paragraph, we now have the rental payments, landlords passport copy and mortgage details to prove that the property exists..





Based on the above information along with the additional evidence, please let me know what the rate of success in the appeal…Please help me sir..

John
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Post by John » Mon Dec 05, 2011 7:56 pm

My email dated 06th December 2011 to my course leader ......
An email dated tomorrow?
Based on the above information along with the additional evidence, please let me know what the rate of success in the appeal
Impossible to say what percentage chance of success, but clearly you should be appealing.
John

manohar26
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thanks for ue reply John

Post by manohar26 » Tue Dec 06, 2011 11:04 am

sorry,....it was dated 06 dec 2010 and not 06 dec 2011.....What do i need to write in detail explaining its not a marriage of conveience

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