Harpreet91 wrote:@rs uk
Your 100% right agent should of picked it up.
I fly out Friday, appeal will be lodged Monday. (want to be sure agent gets it right this time)
New laws dont effect me.
Please let me know what legal advice you come back with. Thank you.
Harpreet.... Been reading all yoru posts over the last few days, sorry I have not messaged but try to stick to the advise and now my wife is home been busy with her of course...
Anyway really sorry about what has happened, I cannot not express how you must feel over what has happened. In my opinion it is ridiculas, but what can we do hay.....
Dr_Tej (Its me Paras) - Welcome to the forum.... What do you think of this place? Good to see you on here as well and no doubt you will very soon hear about your VISA (any day now)....
You have two options Harpreet.....
Option 1 - Re-Apply and pay the money again, you mentioned that the new rules do not apply to you so I am guessing you earn and meet the new requirments yes?? If so that is great but I would still strongly advise you re apply before 9th July (if you can), if you have all the documents ready and you are flying to India this week, fill out the form on line, book a appt ASAP... You will need to do this by Friday (including actually going to VFS and handing in yoru stuff) the new rules kick in on 9th July which is monday. I say do this ASAP only becuase of the new 5 year rule. Its great you meet the requirments but do you really want to wait 5 years and go through those tougher rules in those 5 years??? This will only work if you have all the doc's ready and they are with your husband so i am thinking thsi will be a tough one. If you do mind the 5 year rule and meet new laws and most importantly dont mind paying the fee again just re apply.... I say this becuase it will be a lot quicker. From my research people wait up to 6 months to get a appeal over turned (I have only seen very few cases where quicker (maybe one or two)). Its a costly process but I am 98% sure it will be quicker. Tej is right in saying that when you go through a appeal they look closer and there is a chance of rejection but in all honesty if you meet even the new requirments you have nothing to worry about.
Options 2 - Appeal.... This will cost you a lot less, i think a appeal is about £145 (I think) Be carefull with this though as I think you have to do the appeal here in the UK not in India.... Someone else might be able to advise on this.... Lucy might be able to help you with that. But I remember from a coupld of previous posts It is done in the UK, you have 28 days to appeal I believe. And your appeal will be done against the old rules so still a 2 year visa rather then 5 years. Just send them your appeal letter along with the documents they have asked for, I would also personally top of those documents with most recent payslips, bank statments, phone records, emails etc.... The only problem with this, is it will take longer looking at previous posts and from my own research.
Do NOT listen to solicitor's (unless you have got a really good one and someone you know maybe) and also agents in India.... They are all unware of laws, If i was you I would just have a good read of all the laws, rejection and appeal procedures etc and do it your self. I was talking to many agents and immigration solictors here and in India and got fed up with all there B SH*T and decided to do all my self. I even done the name change of the passport myself here in the UK for my wife all online. 95% of them wont even know the rules or correct stuff. I remember the day we went to VFS the rules changes to all applications need to be made on line and some lady was sitting with an agent in Anand, Gujarat and the guy was getting her to fill in the form... My wife told her that you have to do it on line and the agent didnt even know that was the case, he kept argueing and finally Mira pulled up the new rule on her Raspberry and showed them. This was a company called CT Travel I think in Anand which is meant to be a nig office for travel and VISA in Anand. Anyway I have many stories like this.
I have mixed feeling about this, personally I hate the fact of having to pay any money to BHC or UKBA to do this again, it is like paying the tax man 40% of my wages so in one way I say appeal and make them suffer. But on the other hand could I go through a long appeal process of 6 months NO.... Maybe if you gto holiday and money available I would appeakl and go spend some time out there in India with your husband.... Where does he live?
I can not imagine how you are feeling just where mine went over 3 months by 3 weeks I was a wreck so can only imagine what you are feeling.
But keep it strong and together, do not ruch into anything unless you are re applying with the old rules. But what ever you do now just do it right. Listen to everyone's advise, read it all your self and do what you personally think is right, everyone kept saying to me dont so this and do that but I just done what i PERSONALLY thought was right from my research and yes it took a little longer but I got the visa. Only you know what is right.
Dr_tej has recenlty been through pretty much exactly the same in terms of rejection of enghlish, he re applied, and will for sure get it sooner shoudl he have appealed.... Look at Lucy's timeline in terms it will give you a rough idea.
Also contact your local MP, a reference from him or her on rejection / appeal will go a long way.
And coming back to the agent.... He should have picked it up... He is idiot for nto knowing that.... This is why I say dont use agents... If I had not gone through a gent in the first place just to get a name change on passport my wife would have been here a long time ago, but wasted over 8 weeks just with 3 different agents sorting out a name change on a passport, then I done it my self and it was done within 2 weeks.
Hope this information helps you.....
