Settlement visa application from India - 2011

Ejaz12 · Post by **Ejaz12** » Wed Dec 28, 2011 11:31 am

My Solicitor just got Determination Latter.... Appeal Allowed... M happy... Now another wait for Call Latter... Any1 know how much time it can take to get a call latter? Thanks Evevry1....

Chimpee · Post by **Chimpee** » Wed Dec 28, 2011 12:48 pm

Hey ejaz!! Congratulations!!! I am so happy for u!! Please let us know when u will get your call letter

Ejaz12 wrote:My Solicitor just got Determination Latter.... Appeal Allowed... M happy... Now another wait for Call Latter... Any1 know how much time it can take to get a call latter? Thanks Evevry1....

Chimpee · Post by **Chimpee** » Wed Dec 28, 2011 12:49 pm

Hey diehard,

Maybe they will overturn your decision that is why they haw called u in. I pray for you that it goes well. What date is your interview??

Chimpee

diehard wrote:Hi Guys .
hope u all had a good Christmas
Ejaz, any good news?

I have received a phone call from BHC to come with my passport for an interview next week...has anyone come across anyone on this board who has appealed and then called for interview?

Chimpee · Post by **Chimpee** » Wed Dec 28, 2011 1:09 pm

Hi dabby,

Any news on your appeal as of yet??

Dabby wrote:Hi all,

I've just read on the UKBA website that from the 19th December they will start charging a fee for appeals! Unbelievable! And you will only be able to appeal in the UK not at the embassy in another country! No news on the actual fee until 19th so if anyone is just about to appeal, I suggest you hurry up and do it now!

We appealed mid October and still have not heard anything except the confirmation that they have received it. They also somehow made spelling mistakes on the letter despite the fact that what we sent was absolutely correct. Double check all your details are correct if you're appealing.

Good Luck all.

diehard · Post by **diehard** » Wed Dec 28, 2011 9:32 pm

Hey chimpee thanks a lot, interview is next thursday,

spiritz · Post by **spiritz** » Thu Dec 29, 2011 10:42 am

diehard

interview is next thursday

Hi, Have I missed anything thought they dont do interviews anymore.

Chimpee · Post by **Chimpee** » Thu Dec 29, 2011 11:43 am

Hi spiritz,

Yes they still do interview dependent on the case. Evey case is different. Some times they do an interview on the phone and sometimes that can call you in for a face to face interview.

Hope that helps.

What was your reason for refusal if you don't mind me asking.

Chimpee

diehard · Post by **diehard** » Thu Dec 29, 2011 11:59 am

well i think my case is slightly complicated, so i did mention in my appeal covering letter that i or my spouse should be contacted for any clarification, so i guess they want to ask some questions.

spiritz · Post by **spiritz** » Thu Dec 29, 2011 12:13 pm

Thanks for the info Chimpee.
Hubby refused as ECO states inadequate finances. The ECO got some things wrong on the refusal which we have corrected in appeal. Hope we hear something soon.

Diehard
If you dont mind me asking what do you mean by slighly complicated?

Chimpee · Post by **Chimpee** » Thu Dec 29, 2011 1:43 pm

My case is also complicated so I will see how the appeal goes. Fingers crossed.

Diehard - don't worry about the interview. Just be confident and answer all there questions truthfully

Spiritz: if you have clarified all your financial status to them I'm sure u will get your decision overturned at the appeal hearing!

Good luck everyone

diehard · Post by **diehard** » Fri Dec 30, 2011 7:36 am

Chimpeee- I am actually quite looking fwd for the interview, i think each and everyone should get a chance for interview so they can clarify anything, then and there instead of the longg wait

Spiritz- i mean complicated as in it was not very straight forward as i have already been in uk and came back only for entry clearance

have a happy new year guys and i am sure new year will give good news to everyone waiting

Chimpee · Post by **Chimpee** » Fri Dec 30, 2011 9:29 am

Thanks diehard. My husband was an overstayer that is why they refused him. Hopefully I can fight my case in the appeal..

Happy new year to you too and everybody else

Love to all, chimpee

Post by **John** » Fri Dec 30, 2011 9:33 am

Chimpee wrote:My husband was an overstayer that is why they refused him.

Can you be more specific? The detailed paragraph of the Immigration Rules he was refused under?

Chimpee · Post by **Chimpee** » Fri Dec 30, 2011 9:53 am

Hi John,

This is the paragraph he was refused under:

320 (11) where the applicant has previously contrived in a significant way to frustrate the intentions of these Rules. Guidance will be published giving examples of circumstances in which an applicant who has previously overstayed, breached a condition attached to his leave, been an Illegal Entrant or used Deception in an application for entry clearance, leave to enter or remain (whether successful or not) is likely to be considered as having contrived in a significant way to frustrate the intentions of these Rules.

Do u think I have a good chance in the appeal to win my case??

Thanks

John wrote:
Chimpee wrote:My husband was an overstayer that is why they refused him.
Can you be more specific? The detailed paragraph of the Immigration Rules he was refused under?

Ejaz12 · Post by **Ejaz12** » Fri Dec 30, 2011 10:34 am

Dnt worry Chimpee hopefully u will win appeal... Best luck...

Can any1 tell me plz how long will it take to get a call latter from Mumbai BHC?

Post by **John** » Fri Dec 30, 2011 10:42 am

If you have a look at this part of the Immigration Rules, and scroll down, you will be able to see the difference between para 320(7B) and the para 320(11) that is being used in the rejection letter.

The point is, as it says in 320(7C), 320(7B) does not apply for a spouse visa application.

So what is it that your husband did? If it is "just" overstaying para 320(7B) and 320(7C) would be in play. So what else, if anything, did your husband do? For example, was he working? Using a fake NI number, or a NI number that did not belong to him?

Just trying to work out why 320(11) has been used by the ECO.

Chimpee · Post by **Chimpee** » Fri Dec 30, 2011 11:02 am

He did get caught working while he was here by immigration and then he went back by his own accord a little while later.

He's never made and dodgy documents or used fake documents.

Post by **John** » Fri Dec 30, 2011 11:44 am

OK, noted. What it comes down to is this. Please have a careful read of RFL07 - Frustrating the intentions of the Immigration Rules – paragraph 320(11) and see if you think the ECO has acted unreasonably in applying para 320(11). Do see that the ECM will have needed to be involved if it was thought that 320(11) might be applied.

So is there anything else? If there is then at the appeal hearing you can be sure that the Home Office Presenting Officer will mention it to the Judge. That is, from the Home Office point of view, they will attempt to justify their use of 320(11).

Chimpee · Post by **Chimpee** » Fri Dec 30, 2011 1:10 pm

Thanks John,

I appreciate your help and advice.

What supporting documents do u think I should send as they already have the file which was submitted at VFS..

Thanks again

Chimpee

John wrote:OK, noted. What it comes down to is this. Please have a careful read of RFL07 - Frustrating the intentions of the Immigration Rules – paragraph 320(11) and see if you think the ECO has acted unreasonably in applying para 320(11). Do see that the ECM will have needed to be involved if it was thought that 320(11) might be applied.

So is there anything else? If there is then at the appeal hearing you can be sure that the Home Office Presenting Officer will mention it to the Judge. That is, from the Home Office point of view, they will attempt to justify their use of 320(11).

Post by **John** » Fri Dec 30, 2011 1:34 pm

What supporting documents do u think I should send as they already have the file which was submitted at VFS.

Probably nothing, if you think they already have everything. But again, is there anything to cause 320(11) to be used against your husband?

Chimpee · Post by **Chimpee** » Fri Dec 30, 2011 1:47 pm

No nothing else John. I will probably send recent contact interaction details and payslips etc..

He overstayed for 5 years.. And then went back on his own accord after he met me..

John wrote:
What supporting documents do u think I should send as they already have the file which was submitted at VFS.
Probably nothing, if you think they already have everything. But again, is there anything to cause 320(1) to be used against your husband?

Post by **John** » Fri Dec 30, 2011 1:54 pm

Are you getting professional help with the appeal hearing? It would probably be a good idea to do that.

Chimpee · Post by **Chimpee** » Fri Dec 30, 2011 1:56 pm

No. Me and my husband decided not too. It's too expensive and I'm quite confident that I will clarify and explain to them in the most genuine way possible that he should be here in the uk with me..

Chimpee · Post by **Chimpee** » Mon Jan 02, 2012 8:44 am

Thanks Ejaz. I hope so!!

Have you Recieved your call letter yet?? How did your solicitor get the decision before you??

Thanks

Chimpee

Ejaz12 wrote:Dnt worry Chimpee hopefully u will win appeal... Best luck...

Can any1 tell me plz how long will it take to get a call latter from Mumbai BHC?

Chimpee · Post by **Chimpee** » Mon Jan 09, 2012 11:58 am

Hey all,

How is everybody? Has anyone had any update on any of there cases yet. I have my appeal hearing on the 30th January so am waiting eagerly for that..

Hope everyone is well and thinking lucky!!

Chimpee

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Settlement visa application from India - 2011