UK Spouse Visa

[Swati Trikha]

Hi All,

Let me give you a brief background of my case.
I am an Indian, who got married to a British national in May 2011. We got the registration marriage done then, after which I applied for a spouse visa. After consultation, we submitted all the documents right from my husband's payslips, bank statements, sponsor letter to the marriage certificate, communication evidence etc. Unfortunately, the visa got refused on two grounds, that are:
1) I do not fulfill the minimum English language requirement though I am a degree and post graduate diploma holder. I thought I would be exempted from any English language test.
2) Secondly, they weren't enough photos of the marriage as an evidence, that it happened. Reason being that we only had the registration marriage in May. The religious marriage took place on 28th Nov after the priest/ pandit gave with an auspicious date.

Now, I am again applying for the visa. I have given my Eilts test and awaiting results. I am hoping to clear it and we have several photos of the marriage ceremony. In my second application, we will kill both the points which the raised earlier.
Does that guarantee my visa this time? When they got the application, first time, did they scrutinize it completely? Are they likely to come up with some other points this time or shall I assume rest everything was in place?
Moreover, please specify the minimum band required in EILTS test for Spouse Visa.
I have already been away from my husband for long and we are really longing to be together kindly advise if there is anything which needs to be taken care off this time, that can lead to another refusal.

Please advise.

Regards
Swati Trikha
Email- swati.mahajan22@gmail.com

[harv]

Hi Swati

Sorry to hear that your application was refused.

Now regarding you making a new application and not going for the appeal procedure is a bit beyond me. The two refusal reasons could have been argued in the court with some evidence and information:

1) English Language issue - if your degree course was taught in English medium then you would have satisfied this requirement. For this we usually supply a letter from the university stating the course was taught in English medium.

2) Since the wedding has been registered in an Indian Court and that you are legally considered married after the registration. This point can be argued, because the UKBA rules mention that if you are legally married to your spouse in their home country then UK will also consider the marriage to be legal.

However since you have now gone for a completely fresh application, anything can be raised as an issue. However if you have satisfied all the requirements of the application this time, there should not be anything to worry about. You would need to provide full set of evidence (recent evidence) for everything i.e. finances, accommodation, relationship etc. also making sure how you kept in contact with each other as an evidence. In the new application as the old evidence would have been outdated by now by a few months i.e. bank statements, payslips etc.

Hope your new application gets approved.

[Swati Trikha]

Hi,

Thanks a ton for your reply. Yes, I had been given an option to either appeal or to submit a fresh application. But then, I was advised that appeal takes a lot of time, maybe more than few months in few cases. So I gave up the idea of appealing as by no means do I want to stay away from my husband for long. It's so upsetting!!!
Hence, I chose to submit a fresh application. Now 28days are over, so appealing cannot be chosen.
Like the way, you mentioned, I gathered all the necessary documents like:
Spouse's most recent payslips
Mine and his passport copies
Bank statements & savings papers
P60 and pension plan
Employment Contract letter
Sponsorship letter both from my husband and his parents
Mortgage papers
House inspection report
Evidence of our communication
Our tickets of the vacation together
Emails exchanged
Evidence of gifts exchanged
My educational certificate including degree & Post graduate diploma
Photos of the ceremony

I am awaiting my EILTS results post which I will submit a fresh application.

Please advise, if there is anything besides these above docs that you feel would be necessary. I don't want to leave any stone unturned this time.

Regards
Swati Trikha

[harv]

Hi Swati

Yes, you cannot go back with the appeal so lets hope for the best for you new application. I would point out the following from your list (although everything seems to be in place).

Passport:
You will need to submit your original passport
Your British partner will need to submit a certified copy of the passport (solicitors can certify the copies)

Marriage proof:
Court Marriage certificate
Pictures from Court marriage and religious marriage
Religious marriage invitation card, if necessary (it just makes the case stronger)

Legal Sponsorship declaration:
You mentioned the sponsorship letter from your partner and his parents, are these just letters or a legal sponsorship declaration? You can get one from a solicitor or possible one of the board member can post a template for you.

Passport size photograph:
Don't forget to attach your passport size photograph with the application

No objection letter:
This is usually your partner's parents (since they own the property), basically saying that they do not have any objection for their son's partner to live at the address

I think you should be set to go, and best of luck with the IELTS results!!!

[Swati Trikha]

Hi,

Thanks! I really appreciate your help on this. Most of the things mentioned in your previous mail are there in place. However, the copy of my husband's British passport and the sponsorship letters from him and his parents are not signed by the solicitors. They are signed by them and not by any solicitor.
Is it really required? I am asking this because earlier, when we submitted the application, this issue wasn't raised at all.
So we assumed that this time, it would only need to be a sponsorship letter from them.
Also, though in few other posts of few people, I came to know that for Spouse visa the minimum band required is 4.5. Would you please confirm that?

I once again thank you for your efforts.

Regards
Swati

[harv]

Hi Swati

- British Passport to be certified - I think this is usually one of the key documents to prove Immigration status of the Sponsor and getting it certified is straight forward. Usually any registered solicitor can do this. Other board members should be able to give you any further details on this.

- Sponsorship letter - This is only from the partner (Sponsor), so your husband in the UK. A kind of a legal deceleration confirming that he is responsible for your well being in terms of funds and that you will not be a burden on any public funds etc.

- IELTS score minimum required is 4.0 - This grade is especially required for Speaking and Listening, but other modules should also be at east 4.0 to pass the requirements. CHeck the IELTS scores in the below PDF

http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf

[Swati Trikha]

Hi,

Thanks! I have more or less compiled all the documents. Just waiting for the EILTS results, post which I will apply for the Visa.

I am keeping my fingers crossed and hoping that I should clear the test with a good band.

Regards
Swati

[anup_chandni]

you need band 4.0 in speaking and listening for ielts

i am in the same boat. i got court marraige in jan 2011 and religous marriage in jan 2012. we applied for spouse visa and got rejected because my wife didnt get the required bands in her ielts.

she got 4.0 in listening,3.5 speaking, 4.0 reading, 2.0 writing,

the refusal letter only stated that she had'nt achieved the sufficent band in speaking.

UKBA only check for speaking and listening. so if you have 4.0 band or higher in speaking and listening then you will be fine.

my wife will retake her tests and we will re apply soon.

[Swati Trikha]

Hi Everyone,

Finally I have got my EILTS result and I am quite glad to state that I have achieved a band score of 7.5. This at least relieves me of one ground on which my Visa got refused. I am more or less all set to re apply. But there are two question which are there in my mind. Would request you to please address them.
Firstly, like the way I explained earlier, I got married in May last year post which we got the marriage registered. The marriage in May was only in the presence of my immediate family members without any pomp and show....I mean celebration. Thereafter this marriage, we applied for Visa with necessary documents, photographs and marriage registration cert. From May till Nov my husband was in U.K. We again got married with family and friends in Nov when we had elaborate lavish functions and ceremonies. This date in Nov was considered auspicious by the pandit/ priest after carefully scrutinizing our horoscopes. Now my question is, will this make a difference that we got married twice? Why did I again get married to my husband in Nov when we were already married in May? Why did we apply for Visa earlier? Also I did not stay with my husband after our marriage in May as he left for U.K. We only stayed as married couple after the religious ceremonies in Nov. I have explained everything in the form in plan to submit. I personally feel that it shouldn't make much different as we hae been absolutely true, genuine and everything has been done in good faith without any manipulation. But Pleasssssssssssssssse clarify my doubt if it is likely to create any confusion or suspicion in the counselor's mind. I also plan to submit all documentary evidence of whatever I have stated above.

Moreover in the expenditure section of the VAF4A form, is it preferably to give breakdown of my husband expenditure. I mean....is it a good idea extra information?

Thanks for your help!

Regards
Swati Trikha

[Chimpee]

Hi swati

Just explain to them that Due To religious reasons we can not live with our husbands after all religious ceremonies have taken place. When I got married in India we did the religious wedding first and then registered our marriage 5 days later.

But in the things you have wrote I don't see it being a problem at all..

You seem to have supplied more than enough evidence this time round so fingers crossed it will go okay for u. I will pray for u. All my wishes are good will are with you xx

Chimpee

[Swati Trikha]

Hi Chimpee,

Yes, I have explained everything clearly in the form and also attached a covering letter which further reinforces the whole situation.

As rightly said, I am keeping my fingers crossed, hoping for the best.

Seems like ages that I haven't seen my husband in person.

Regards
Swati

[Chimpee]

Keep us posted as to what happens!

[Swati Trikha]

Hi All,

Just a quick question for all of you. I am applying for Spouse settlement Visa and the appointment is scheduled for Monday, .i.e 6th Feb.
Today, infact few minutes ago, I came across this news that the Immigration Minister Damian Green is planning to reform the immigration laws in U.K.
Please check the following website for details:
http://www.ind.homeoffice.gov.uk/siteco ... ation-work

Though it is stated that these changes are in the pipeline and are being introduced so that it adds to the quality of Britian, but still its a matter of concern. My husband earns reasonably good and is a bank manager. Is it likely to effect my Visa application?
I am fretting as I don't want any hiccups in my visa process this time. Someone Please Help!

Regards
Swati

[Greenie]

the changes have not been formally announced yet. when they do they have to announce them at least 21 days in advance. It won't effect your application if you are applying on Monday - but could potentially effect your application for ILR in the future. No one can say anything for sure until the changes are formally announced.

[Swati Trikha]

Hi All,

Just thought of letting everyone know that I have finally submitted my Visa application on 6th Feb. I have submitted more than the required documents as per the VFS agent, but still I am very anxious.
Just hoping that the outcome is positive and keeping my fingers crossed.

Regards
Swati

[Chimpee]

Hello everyone!

Just thought I'd let everyone know that our appeal was successfull!! We found out today!!! We are so happy and relieved and glad we don't have to go through this no more!!

Thanks to everyone on this board and please if anyone has any questions they want to ask then please message me and I will help you as much as I can..

Love to all and best wishes

Chimpee xxx

[lucy_2011]

Hey Chimpee,

Congratulationssss! Yuhooo, im sooo happy for u... God Bless. all prayers worked for u

[Chimpee]

Thanks Lucy!!!

I'm so happy!!!

Good luck to you! Xx

Hey Chimpee,

Congratulationssss! Yuhooo, im sooo happy for u... God Bless. all prayers worked for u

[Swati Trikha]

Hi Chimpee,

Congratulations! Feels really nice to know that after all the hardships you have finally managed to get the Visa. It gives me a ray of hope that even I will make my way out:)
Best of luck to both of you!

Regards
Swati

[harv]

Hi

I have also submitted my partner's application on the 8th of Feb in New Delhi. So now waiting for the outcome, hoping to get the results early.

[jimmurray]

Hello everyone!

Just thought I'd let everyone know that our appeal was successfull!! We found out today!!! We are so happy and relieved and glad we don't have to go through this no more!!

Thanks to everyone on this board and please if anyone has any questions they want to ask then please message me and I will help you as much as I can..

Love to all and best wishes

Chimpee xxx

congrats..so did they have good reason to reject it even tho you had an english degree? I expect not...

[angie36]

hi Swati Trikha,

Would you be able to let me know how your husband got his house inspecton carried out, was it just through a surveyor.


Many thanks

[Swati Trikha]

Hi Harv,

Can you please throw some light on the protocol which is followed for Spouse Visa verification. Are all the documents scrutinized by the British High Commission in India? Or are they verified with the BHC in home country, .i.e U.K? Say, incase the docs are approved by the BHC in India, does it to the U.K BHC also? I mean, I am not sure about the procedure. Though I know, it wouldn't really make much of a difference.
The procedure which is followed is followed.
But still was inquisitive about the whole protocol. I was also trying to calculate how long will the whole procedure take.

By the way, Best of luck to both of us for our Visa applications.

Regards
Swati

[Swati Trikha]

Hi Harv,

Can you please throw some light on the protocol which is followed for Spouse Visa verification. Are all the documents scrutinized by the British High Commission in India? Or are they verified with the BHC in home country, .i.e U.K? Say, incase the docs are approved by the BHC in India, does it to the U.K BHC also? I mean, I am not sure about the procedure. Though I know, it wouldn't really make much of a difference.
The procedure which is followed is followed.
But still was inquisitive about the whole protocol. I was also trying to calculate how long will the whole procedure take.

By the way, Best of luck to both of us for our Visa applications.

Regards
Swati

[harv]

Hi Swati

I don't know about this but I think the following is true:

All staff in British High Commission (ECO) are British and have access to all the systems/tools to gather data on the applicant and sponsor. So all checks and decisions are made by the ECO in India rather then in the UK.