Spouse/Settlement applications - BHC India

[Harpz]

In the paragraph after the divorce stuff they stated the date he entered uk and then the date he left which was January of this year. He did leave on his own accord, paid for his own ticket.
At the airport they took his fingerprints and photo an filled out a form.

They said he breached the immigration laws etc.

They said we have full right of appeal.

[jdhuphar]

In the paragraph after the divorce stuff they stated the date he entered uk and then the date he left which was January of this year. He did leave on his own accord, paid for his own ticket.
At the airport they took his fingerprints and photo an filled out a form.

They said he breached the immigration laws etc.

They said we have full right of appeal.

You will have to appeal as if you decided to lodge a fresh application they will refuse again due to breach of immigration rules. But in you application you were honest and so i'm sure when it is heard by the immigration judge it will be alot fairer.

Good luck and keep me updated. ill keep checking the site regardless of the outcome of my wife's visa.

[Harpz]

Thanks,

Good Luck with your application and keep me updated. You should hear very soon.

[Harpz]

OMG, i have just read the refusal letter and they believe we have not contracted a legal marriage due not submitting our divorce certificates.

How rude and dumb can they be. We submitted them with the application.

Just becuase of that they r going to put us through the appeal process.

I am so angry right now........

[jdhuphar]

OMG, i have just read the refusal letter and they believe we have not contracted a legal marriage due not submitting our divorce certificates.

How rude and dumb can they be. We submitted them with the application.

Just becuase of that they r going to put us through the appeal process.

I am so angry right now........

when you appeal they will automatically have to review it. This time an entry clearance manager will look at it. if this is the reason it this they should overturn it in the review

[highhorse]

Hi Guys

Im new to the forum. Firstly sorry Harpz, you must be so upset, i would be useless in same situation.

My hubby is Indian and im from UK. He applied at New Delhi BHC on 24th April and on 27th April it was forwarded to BHC in New Delhi.

That was the last ive heard. The waiting is unbearable as we have been seperated now pratically since we got married as I am back in UK and obviously he is still in India.

From what you guys are saying though it sounds like we are going to have a long wait! Its so frustrating. Someone told me thatif they were going to refuse they doso early but from reading Harpz story that doesnt seem the case.

Anyone else who apllied around the same time heard anything? What does it actually say when you track the application, does it say under process or does it say, your application has been forwarded, bla bla?

[jdhuphar]

Hi Guys

Im new to the forum. Firstly sorry Harpz, you must be so upset, i would be useless in same situation.

My hubby is Indian and im from UK. He applied at New Delhi BHC on 24th April and on 27th April it was forwarded to BHC in New Delhi.

That was the last ive heard. The waiting is unbearable as we have been seperated now pratically since we got married as I am back in UK and obviously he is still in India.

From what you guys are saying though it sounds like we are going to have a long wait! Its so frustrating. Someone told me thatif they were going to refuse they doso early but from reading Harpz story that doesnt seem the case.

Anyone else who apllied around the same time heard anything? What does it actually say when you track the application, does it say under process or does it say, your application has been forwarded, bla bla?

Hi highhorse

my wife applied on the 13 April in jalandhar we are also still waiting. i heard the thing about early refusal but i know a couple of people who have been refused after 12 weeks, so i assume its just dependant on the case.

[darthvader]

I applied on the 13th of April in Bangalore and waiting.

[batleykhan]

Harpz

Sorry to butt in your post, but did you marry your spouse before or after you got your Absoloute Decree from a British Court?.

If you got married before you got your AD, then your marriage is I am afraid invalid. This maybe the reason why the ECO doesnt believe your marriage in India to be legal.

Maybe if you write down teh exact reason for refusal as per the refusal notice, paople maybe able to help you.

I disagree with your comments that he was simply refused because of other reasons. The reason he was refused by teh ECO is one which the ECO will have to defend when you appeal, so it would be pointless for an ECO ECO to refuse on reasons which he can not substantiate.

Lets have the full reason to start off and will take it from there shall we.

[jdhuphar]

I applied on the 13th of April in Bangalore and waiting.

Hi there.

Has your status changed since you submitted your application. As mine changed from Visa forwarded to BHC to Visa under process on the 19 April 2010

[Harpz]

Hi Batleykhan

I got my decree absolute in june 2007 and my husband got his september 2009.
We got married 20th Feb 2010.
We submitted these in the application along with on the form stating we are both divorced etc.

The ECO said that you have stated on your application form that you are divorced and on your marriage certificate also. We cannot verify each marriage certificate as they vary from state to state so we rely on supporting documents. However you have not provided your divorce certificate.

So because of this the ECO said that the marriage is not legal and you are not married to a person who is settled in the united kingdom.

Then he added his immigration history and saying you enetered uk in may 2005 and returned january 2010 and you overstayed and and yes he mentioned that you frustrated the immigration rules.
Normally overstayers are exempt from spouse application but because in the 1st point he has said you are not legally married so this 320 (11) is applied to him.

Batleykhan, we did submit all our documents and my decree absolute was also attested from my solicitor and hubby submitted his original decree.

[jdhuphar]

Hi Batleykhan

I got my decree absolute in june 2007 and my husband got his september 2009.
We got married 20th Feb 2010.
We submitted these in the application along with on the form stating we are both divorced etc.

The ECO said that you have stated on your application form that you are divorced and on your marriage certificate also. We cannot verify each marriage certificate as they vary from state to state so we rely on supporting documents. However you have not provided your divorce certificate.

So because of this the ECO said that the marriage is not legal and you are not married to a person who is settled in the united kingdom.

Then he added his immigration history and saying you enetered uk in may 2005 and returned january 2010 and you overstayed and and yes he mentioned that you frustrated the immigration rules.
Normally overstayers are exempt from spouse application but because in the 1st point he has said you are not legally married so this 320 (11) is applied to him.

Batleykhan, we did submit all our documents and my decree absolute was also attested from my solicitor and hubby submitted his original decree.

Hi Harpz

sounds like the ECO did not consider the documents or did not understand them. I'm sure your solicitor can write to them with the appeal and get an EC Manager to review it and hopefully overturn the decision without the need for an appeal.

The thing is it's taken them 12 weeks to even look at the application this should be done alot earlier. As if the reason for refusal is the legality of marriage they could have check and refused with in 4 weeks. it just so fustrating having to wait and then to be refused is just mean.

[Harpz]

exactly my point. They would of picked that up at the beginning.

[meetgrp1]

Hi all,
Just to give you quick update- wife went to VFS to collect processed application and thank god- she got the visa. So the process took just over 11 weeks. Harpz sorry to hear about your case. You just have to hang on there, i know its hard and this wait is so painful but i guess only thing you could do is prepare foryour appeal. I am sure ECO will overturn refusal.

jdhuphar,has152 and all- good luck, you should hear something soon.

Application history
Date of application- 26th march
Visa stamped- 4th Jun
Status changed online to - processed application delivered to blue dart on 14th jun (Strange- was not expecting to deliver at home- but eventually blue dart delivered to VFS and wife collceted from VFS)
Passport collected- 16th Jun.

Regards,

[has152]

Hi all,
Just to give you quick update- wife went to VFS to collect processed application and thank god- she got the visa. So the process took just over 11 weeks. Harpz sorry to hear about your case. You just have to hang on there, i know its hard and this wait is so painful but i guess only thing you could do is prepare foryour appeal. I am sure ECO will overturn refusal.

jdhuphar,has152 and all- good luck, you should hear something soon.

Application history
Date of application- 26th march
Visa stamped- 4th Jun
Status changed online to - processed application delivered to blue dart on 14th jun (Strange- was not expecting to deliver at home- but eventually blue dart delivered to VFS and wife collceted from VFS)
Passport collected- 16th Jun.

Regards,

thats really good news hope i get it as well 1st time

[has152]

[quote="meetgrp1"]Hi all,
Just to give you quick update- wife went to VFS to collect processed application and thank god- she got the visa. So the process took just over 11 weeks. Harpz sorry to hear about your case. You just have to hang on there, i know its hard and this wait is so painful but i guess only thing you could do is prepare foryour appeal. I am sure ECO will overturn refusal.

jdhuphar,has152 and all- good luck, you should hear something soon.

Application history
Date of application- 26th march
Visa stamped- 4th Jun
Status changed online to - processed application delivered to blue dart on 14th jun (Strange- was not expecting to deliver at home- but eventually blue dart delivered to VFS and wife collceted from VFS)
Passport collected- 16th Jun.





where did u apply from was it mumbai

[batleykhan]

Hi Batleykhan

I got my decree absolute in june 2007 and my husband got his september 2009.
We got married 20th Feb 2010.
We submitted these in the application along with on the form stating we are both divorced etc.

The ECO said that you have stated on your application form that you are divorced and on your marriage certificate also. We cannot verify each marriage certificate as they vary from state to state so we rely on supporting documents. However you have not provided your divorce certificate.

So because of this the ECO said that the marriage is not legal and you are not married to a person who is settled in the united kingdom.

Then he added his immigration history and saying you enetered uk in may 2005 and returned january 2010 and you overstayed and and yes he mentioned that you frustrated the immigration rules.
Normally overstayers are exempt from spouse application but because in the 1st point he has said you are not legally married so this 320 (11) is applied to him.

Batleykhan, we did submit all our documents and my decree absolute was also attested from my solicitor and hubby submitted his original decree.

Have you got refusal notice with you. If you dont mind please write exactly what it says on refusal, as I am still confused with explanation you have given. The wording is very important on the refusal notice. Your understanding of the refusal reason maybe diffrent from mine

Also under what section was he refused? Was it 320 or 281?

[jdhuphar]

Hi all,
Just to give you quick update- wife went to VFS to collect processed application and thank god- she got the visa. So the process took just over 11 weeks. Harpz sorry to hear about your case. You just have to hang on there, i know its hard and this wait is so painful but i guess only thing you could do is prepare foryour appeal. I am sure ECO will overturn refusal.

jdhuphar,has152 and all- good luck, you should hear something soon.

Application history
Date of application- 26th march
Visa stamped- 4th Jun
Status changed online to - processed application delivered to blue dart on 14th jun (Strange- was not expecting to deliver at home- but eventually blue dart delivered to VFS and wife collceted from VFS)
Passport collected- 16th Jun.

Regards,

congrats, great news

just wanted to know if your wife had to go for a medical?

[meetgrp1]

I dont think they do medical anymore. Wife asked VFS and they said no need for medical now.
has152- yes we applied at Mumbai. I guess processing times are similar to delhi.
Regards,

[Harpz]

Ok, Here goes:

You have applied for an entry clearance to join your sponsor in the united kingdom for settlement. I have considered your application under paragraph 281 of the united kingdom immigration rules. Furthermore the circumstances your application has led me to consider your application under paragraph 320 (11) of the rules.

"As evidence of your marriage to the sponsor you have provided a marriage certificate. This certificate shows that you both were previously unmarried. However, as stated in your visa application form and an additional endorsement on your marriage certificate shows that you were both previously married and divorced. I am aware in India, marriage certificates differ in format from state to state. The documents and any additional endorsements cannot be easily verified. Therefore we mostly rely on supporting documents such as divorce certificates. I note that you both have not provided any divorce certificates. I am therefore not satisfied that you have contracted a legal marriage. I am therfore not satisfied that you are not married to a person who is present and settled in the united kingdom. (Paragraph 281 (i) of HC 395 as amended)

On 27th April 2005 you were granted entry clearance as a visitor valid until 27th October 2005. You travelled to the UK with your previous spouse on 7th May 2005. I note that you have returned to India only on 15th January 2010. You were in breach of your previous leave granted to you . I am satisfied that this conduct is consistent with that described in entry clearance guidance chapter 26. 18 (link to chapter that does not work) as having contrived in a significant way to frustrate the itentions of immigration rules.

Your application therfore one that, according to paragraph 320 (11) of the immigration rules, should normally be refused. I have considered the circumstances of your application as a person as a person who is present and settled in the UK. However, on balance I am not satisfied that your particular circumstances are of a sufficently compelling nature to justify my granting your application, having regard to the fact that it should normally be refused.

I have therefore refused your application because i am not satisfied, on the balance of probabilities that you meet all the requirements of the above paragraph(s) of the immigration rules.

Ok, Batleykhan. When we registered the marriage we stupidly ticked we were unmarried at the time of marriage instead of divorced. When we showed our solicitor he said no you have to get that amended to that you were both divorced so we went back to the court and had to give statements and get them attested and get the certificate amended. We got the marriage certificate endorsed and signed by the Judge. We then waited a week so their systems were updated with the amendment. Once it was and were given 100% guarantee from the court that system has been updated we then submitted our application so if they needed to verify the endorsement they could.

We DID submit both our divorce certificates.

This is why I think they wanted to refuse because of his past immigration history and used an excuse to do so.

What do you think Batleykhan?

[jdhuphar]

I dont think they do medical anymore. Wife asked VFS and they said no need for medical now.

Regards,

thx

was thinking that she needed it but it great if not. just means we are waiting for the outcome of the decision

[dsds]

Hi all,
Just to give you quick update- wife went to VFS to collect processed application and thank god- she got the visa. So the process took just over 11 weeks. Harpz sorry to hear about your case. You just have to hang on there, i know its hard and this wait is so painful but i guess only thing you could do is prepare foryour appeal. I am sure ECO will overturn refusal.

jdhuphar,has152 and all- good luck, you should hear something soon.

Application history
Date of application- 26th march
Visa stamped- 4th Jun
Status changed online to - processed application delivered to blue dart on 14th jun (Strange- was not expecting to deliver at home- but eventually blue dart delivered to VFS and wife collceted from VFS)
Passport collected- 16th Jun.

Regards,

thats really good news hope i get it as well 1st time

Hi All this is good news for me and my family i got a spouse settlement visa with out MED, i am thank full to god .

[jdhuphar]

Hi All this is good news for me and my family i got a spouse settlement visa with out MED, i am thank full to god .

Hi congrats

where did you apply. what was your timeline like?

[jdhuphar]

Hi Guyz

Getting conflicting information on medicals from India at the moment. from the forum it seems that medicals are no longer asked for prior to the issue of the settlement visa, but just spoke to a friend who know someone who recently got a settlement visa from New Delhi BHC and they did do a medical, however this was after they had been issued the visa.

I am assuming that they did this as immiration at UK airports may still ask to see an xray so it makes it easier for them when they arrive.

Can anyone shed a bit oflight on this

thx

[jdhuphar]

Ok Just had a call back from a friend and they have advised that New Delhi BHC do still require a medical. They applied on March and got a call from the VFS to advise them to collect the Medical letter/form at the begining of June

hope this helps unless others have heard differently