Settlement visa application from India - 2011

[d4rmsc]

Hi all my wife has got her visa today!!! So so happy!!


Applied from Mumbai South 01/05/12
Passport with Visa received 20/07/2012 (Date stamped 19/07/12)

Looks like they processed a fair few settlement visas this week so fill getting the fingers out! Good luck for those still waiting and those stuck in the appeal process.


Jai Hanuman

[maroonedsoul]

Hey RMK 143

Heart congratulations! So happy for you and your wife.

Venkat and I are the remaining ones from April! Hope we get it soon too! Can't wait any longer!

Hello everyone !

My application status changed to "Processed application delivered to Blue Dart on 18/07/2012 AWB NO." as well. Fingers crossed !

Any news my friend....?

Hello everyone !

By God's grace, I received my passport with visa for 27 months stamped on it !
All the best to our friends eagerly awaiting their visas..

[maroonedsoul]

Congrats d4rmsc!!!

Hahaha, so many smilies! Treasure that feeling!

When are you flying out?

Hope that Venkat and I can get our visas really soon!

Hi all my wife has got her visa today!!! So so happy!!


Applied from Mumbai South 01/05/12
Passport with Visa received 20/07/2012 (Date stamped 19/07/12)

Looks like they processed a fair few settlement visas this week so fill getting the fingers out! Good luck for those still waiting and those stuck in the appeal process.


Jai Hanuman

[nitas]

Congratulations!! I Am very happy for you and your wife. Have a great life!!

Hi all my wife has got her visa today!!! So so happy!!


Applied from Mumbai South 01/05/12
Passport with Visa received 20/07/2012 (Date stamped 19/07/12)

Looks like they processed a fair few settlement visas this week so fill getting the fingers out! Good luck for those still waiting and those stuck in the appeal process.


Jai Hanuman

[ranji82]

Congrats dude .. enjoy the life ...

Hi all my wife has got her visa today!!! So so happy!!


Applied from Mumbai South 01/05/12
Passport with Visa received 20/07/2012 (Date stamped 19/07/12)

Looks like they processed a fair few settlement visas this week so fill getting the fingers out! Good luck for those still waiting and those stuck in the appeal process.


Jai Hanuman

[nitas]

Eagerly awaiting some updates from people who have applied from Mumbai North.

[BALAJI_UK]

All,
Could you please clarify what visa status would my son gets when I apply for his visa. Is it "INDEFINITE LEAVE TO ENTER" or "ENTRY CLEARANCE" to enter UK..

I'm currently in UK under ILR and my wife is in FLR(M). I've tried to get a clarity from the UKBA website but to no avail.. Kindly advice those who already applied under similar pattern..

Here is the excerpts from the UKBA website:

Requirements for indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:

(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:

(a) both parents are present and settled in the United Kingdom; or

(b) both parents are being admitted on the same occasion for settlement; or

(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or

(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or

(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and

(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and

(vi) holds a valid United Kingdom entry clearance for entry in this capacity; and

(vii) does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

http://www.ukba.homeoffice.gov.uk/polic ... /children/

[sKAUR]

@skaur

How long are you expecting to wait for a decision from ECM?

@harpreet

well my barrister said about 5 to 8months however i have literally applied the weekend after my husband got refused, so im hoping it should have been sent to them this week or maybe next week. i havent put any more evidence apart from bank statements to clarify my income and the incompetance of theeco who clearily can not read

[sKAUR]

@AFF SHA 1

hi

hope u ok not nice bieng refused so im very sorry and hey chin up have confidence in god its the only way we can get through the dreaded wait again, your refusal was due to genuinity of relationship if it helps these are the ground my barrister has presented to both the ecm and if need be to the immigraton judge. in terms of evidence did they ask u a specific question. they asked why my age difference between my husband and me and me bieng divorcee with three kids was not explained. so i have answered.

hope the folowing helps:
)the refusal is not in accordance with the immigration rules and or law
)the entry clearance officer has failed to consider the application as a jury would do and as the eco should have done. Had this been done there isa strong possibility that rthe outcome based on balance of probabilities would have been in the applellants favour

the appleant and his wife had been in regular telephonic/ net/skype contact since july 2011 both parties were fully aware and appreciative of each others background. the ecos comments on the issue are insensitive and totally out of touch with gender issues. THE RULES OR LAW DO NOT SPECIFY THAT AN EXPLANATION HAS TO BE GIVEN IN RELATION TO AGE GAPS. TOTALLY BASELESS ALLEGATION BY THE ECO.

the appelant maintains he had PROVIDED FULL CONTACT DETAILS AND THE ISSUES RAISED COULD HAVE BEEN CLARIFIED BY INVITING THE APPELLANT FOR A FORMAL INTERVIEW. THE APPELLANT HAS THUS BEEN DEPRIVED HIS RIGHT TO AN INTERVIEW AGAINST THE PRINCIPLES OF NATURAL JUSTICE. THUS THE DECISION IS ULTRA VIRES AND
AGAINST A PREVIOUS CASE LAW , CONFIRMING THAT SUCH A REFUSAL CAN NOT BE LAWFUL.

T

[Harpreet91]

@skaur

I appealed this week and I am being advised by my solictor as my case is very straight forward I can expect to hear back in 2-3 weeks.

I agree, as I am positive my refusal will be overturned in the review stage.

What are your thoughts?

[sKAUR]

@skaur

I appealed this week and I am being advised by my solictor as my case is very straight forward I can expect to hear back in 2-3 weeks.

I agree, as I am positive my refusal will be overturned in the review stage.

What are your thoughts?

i would probably say that i recall ur application bieng refused due to the english requirement i think, if thats the case i would say yes all you have to do is submit the application. my application is on the complex side well it has been made to by the bhc so i expect to wait the whole 5 months purely because of an eco who could not read and dealt with my application with great neglect.

[Harpreet91]

@skaur

Hopefully yours doesn't take that long.

[sKAUR]

@skaur

Hopefully yours doesn't take that long.

i honestly doubt it as because my case is a bit more complx but its the whole having to wait again.

[king2be98]

@skaur

I appealed this week and I am being advised by my solictor as my case is very straight forward I can expect to hear back in 2-3 weeks.

I agree, as I am positive my refusal will be overturned in the review stage.

What are your thoughts?

Appeals lodged to India have a good chance of being overturned before court, because your embassies are less busy, but it will still take 3/4 months at least before you hear anything.

Your solicitor gave you the wrong information, for settlement appeals it takes 4 weeks alone for them to process the appeal.

Even simple cases takes months. I don't want to sound mean, but I'm trying to make you see reality and not give you false information like your lawyer. Sit tight and don't worry until the deadline day arrives, 19 weeks after IAT process your appeal.

[king2be98]

@skaur

Hopefully yours doesn't take that long.

i honestly doubt it as because my case is a bit more complx but its the whole having to wait again.

Complexity is nothing to do with it, some simple cases go to court, some complex cases get overturned before court.

Don't worry now, just be patient, you'll hear from them in a few months or less, let's hope.

[sKAUR]

[quote="king2be98"][quote="sKAUR"][quote="Harpreet91"]@skaur

@king2be98

hi thanks that has reassured me can yo tell me abit more about the deadline date are we told it or how doesit work

[Harpreet91]

@skaur

How long does the ECM have to process. How long is the deadline?

@king

What do you mean by it takes 4 weeks to process appeal?

[king2be98]

Here is the process:

You get your application back with the Notice of Decision.
You decide whether you want to appeal or not.
You decide you want to appeal.
You have 28 days to submit it to the IAT from the date you received your Notice of Decision.
After submitting your appeal, it will take 4/5 weeks to process.
The day it is processed is the day the documents and grounds for appeal are sent to the ECM and a copy of that to the appellant.
The ECM is given 19 weeks to reply.
He can either overturn in this 19 weeks, he can uphold and take you to court, or he can do the common thing and not reply at all.

If overturned in the 19 weeks or soon after, excellent, you'll get a letter and be called into the Application Centre you submitted originally. About a month later you get your VISA, it used to be a week, not anymore.

If they decide to take you to court or they don't reply, then you are sent a letter with a court date 5-8 weeks after the deadline.

In court you argue your case, if anyone from the UKBA/Home Office decides that that want to attend.

If successful and 90+% of the time people are, the judge sends a letter and the AC contacts you to take your passport, add another 4 weeks to this before you get your VISA.

I will give you just an example of the time frame and note this is an example only.

1 January - VISA Application Submission.
20 March - Refusal with Notice of Decision received.
5 April - Appeal lodged.
8 May - Appeal processed. Deadline given to ECM.
18 September - Deadline date.
5 September - ECM overturns Decision.
15 September - Letter received
16 Septemeber - Passport and TB certificate requested by Application Centre
10 October - Passport with VISA returned.

[sKAUR]

Here is the process:

You get your application back with the Notice of Decision.
You decide whether you want to appeal or not.
You decide you want to appeal.
You have 28 days to submit it to the IAT from the date you received your Notice of Decision.
After submitting your appeal, it will take 4/5 weeks to process.
The day it is processed is the day the documents and grounds for appeal are sent to the ECM and a copy of that to the appellant.
The ECM is given 19 weeks to reply.
He can either overturn in this 19 weeks, he can uphold and take you to court, or he can do the common thing and not reply at all.

If overturned in the 19 weeks or soon after, excellent, you'll get a letter and be called into the Application Centre you submitted originally. About a month later you get your VISA, it used to be a week, not anymore.

If they decide to take you to court or they don't reply, then you are sent a letter with a court date 5-8 weeks after the deadline.

In court you argue your case, if anyone from the UKBA/Home Office decides that that want to attend.

If successful and 90+% of the time people are, the judge sends a letter and the AC contacts you to take your passport, add another 4 weeks to this before you get your VISA.

I will give you just an example of the time frame and note this is an example only.

1 January - VISA Application Submission.
20 March - Refusal with Notice of Decision received.
5 April - Appeal lodged.
8 May - Appeal processed. Deadline given to ECM.
18 September - Deadline date.
5 September - ECM overturns Decision.
15 September - Letter received
16 Septemeber - Passport and TB certificate requested by Application Centre
10 October - Passport with VISA returned.

t
thank you that answers alot of questions. in regards to the ecm not replying does that mean is that acceptable that they can not reply at all

[RMK143]

Hello everyone !

My application status changed to "Processed application delivered to Blue Dart on 18/07/2012 AWB NO." as well. Fingers crossed !

Any news my friend....?

Hello everyone !

By God's grace, I received my passport with visa for 27 months stamped on it !
All the best to our friends eagerly awaiting their visas..

Brilliant news.... congrats..... When you flying?

All the best for you, please post the documents you sent as many help other people in the future.

P

Hello Everyone !

As against the common perception, we submitted a very few but requisite documents. Quite a few posts on this forum, used to send us chill down the spine; as we feared that our documents may not have been up to the mark. Before listing out documents submitted by us, we would like to mention that ours was a case of arranged marriage and my spouse is settled in UK.
To be precise, apart from the print out of the on-line form, we submitted the following papers/documentary proofs:

1) Wedding Invitation (single)
2) 3 Photographs of our Wedding
3) Marriage Certificate from the Court of Law
4) 3 months wage slips and Employment Contract (spouse settled in UK)
5) 6 months Savings Bank Statement (spouse settled in UK)
6) Original Land Registry of Accommodation owned by spouse in UK
7) Accommodation Inspection Report
and Degree in Original (As proof of proficiency in English Language)

Although we understand that the applications are dealt on case by case basis, We hope our feedback helps !

[king2be98]

thank you that answers alot of questions. in regards to the ecm not replying does that mean is that acceptable that they can not reply at all

The ECM can choose not to reply or they simply may not have looked at the appeal altogether. Either way, no response from the ECM usually means the judge gives them an earful at the court hearing for potentially wasting everyone's time.

I know of people who said their ECMs didn't reply and didn't show up to the court hearing, very easy win for them and a guaranteed VISA.

No one likes being humiliated, ECMs avoid going to court usually or their representatives because they often get slaughtered for their stupidity in the decision making process.

[sKAUR]

thank you that answers alot of questions. in regards to the ecm not replying does that mean is that acceptable that they can not reply at all

The ECM can choose not to reply or they simply may not have looked at the appeal altogether. Either way, no response from the ECM usually means the judge gives them an earful at the court hearing for potentially wasting everyone's time.

I know of people who said their ECMs didn't reply and didn't show up to the court hearing, very easy win for them and a guaranteed VISA.

No one likes being humiliated, ECMs avoid going to court usually or their representatives because they often get slaughtered for their stupidity in the decision making process.

in my case can u suggest what might happen basiclly my application was read wrong and rushed i had clearly stated it was a love marriage and the eco wrote back ''you have stated that this is a aranged marriage. therefore it has not been explained why a younger single man would be a suitable match for a divorcee with three children.

[lucy_2011]

Hello all,

congratulations to all those whose visa has been granted... Welcome to UK! and wish u a very happy married life ahead!

[sk2912]

@RMK143:
This list gives me a bit of relief; whatsoever every application is different...
@ All:
I had contacted the BHC, regarding why it is taking so much time for my application..
They told me that they are considering the application from April 25th and not March 30th...


Regards
sk2912

[Liza]

Hello there , could you please let me know how do you contact high commission as am also waiting for my application 3 months two weeks and no news till now. I have applied in New delhi though but contacting high commission process will be same I guess!! Thanx
..

@RMK143:
This list gives me a bit of relief; whatsoever every application is different...
@ All:
I had contacted the BHC, regarding why it is taking so much time for my application..
They told me that they are considering the application from April 25th and not March 30th...


Regards
sk2912