family immigration

[journey]

Pl help.......

[Kayalami]

Kayalami, do you think that the immigration history in the UK will have any impact upon whether a two-year spouse visa is granted in India.

Or is it "just" a question of proving the usual things ..... financial ... accommodation .... "proof the relationship is real" ... that sort of thing ... in order to get the spouse visa?
_________________
John

Immigration history in the UK will be considered but in this case is not prejudicial to the application pursuant to the 'facts' presented by the original poster being a true representation coupled with meeting the rules. The 'subjective' matter of intending to leave the UK is moot pursuant to the application being in a category leading to settlement.

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Questions for everyone:

1. We will complete three years of marriage in April 05, won't it support to my case.

2. Breaking family life is against human rights

The HO have already taken this into account - your circumstances nor matter how compelling they appear/ are to you do not meet the threshold for the giving of consideration to 'circumvent' national immigration laws and the integrity of the immigration system. It may be worth you reviewing the latest strict position on 'marriages' by the Home Office to see why your case is a non starter.

3. Can't I write a letter to Secretary of Home office & explain the situtation.

Nothing to stop you but IMHO its a waste of time - an official acting on his behalf has considered all representations received including that from your local MP. Will your letter contain any new facts that have not been raised before? With all due respect if nothing has changed then your appeal will be dismissed and you will end up being removed. The latest Immigration Act (Treatment of Claimants) includes a clause throwing out 'time delaying' appeals - yours is a prime example of such.

4. In worst case if I go back to India, won't they hussal & delay my case, as they do normally....

There will be an element of delay (with a successful outcome) but not to the extent of an appeal hearing (bound to fail). Check the British High Commission, Mumbai site for processing times.

5. I have joined professional higher education in UK in Nov 04, won't it support me...

IMHO - No.

6. I married to my wife against the wishes of my family that's why I don't have family support in India..

No disrespect but I fail to see how this is relevant to the initial application, the appeal or a limit to a settlement application in India - sorry.

7. I am professional, well qualified, living in UK for more than 5 and half years and already mixed in British society....

See replies to 1/2 and 3.

I am grateful for your all supports....

I appreciate my answers may come across as harsh and perhaps not what you wish to hear. I am going by my experience/knowledge and a detailed review of case law in circumstances even more compelling than yours e.g. people who had been here for 7 years and had children. The appellate authorities have consistently applied the principle that applicants in your position should not queue jump those who have followed normal procedures e.g obtain a fiance visa or settlement visa abroad. If India wa unsafe there would be some leniency but its considered so safe as to be put on a list of countries where asylum claims are deemed to be manifestly unfounded. Your response to John i.e.

1. I have most of the things to prove that marriage is genuine and we are living together since marriage, such as joint bank accounts, NHS card, electrol roll, my wife has been nominated in my life insurance policy and pension, photos of holidays, statement can be taken from our friends...

shows that you appear to meet the immigration rules for the grant of a settlement visa abroad. The decision as to the way forward is now very much in your hands and that of your legal represantative. I trust the information you have received to date is of some assistance in that decision making.

Good luck

[John]

Kayalami. thanks for posting that. Journey, I think you have got good advice from Kayalami.

It is obviously disappointing to get refused like that but the path forward seems clear. You need to submit an application for a spouse visa in India. The waiting time for a settlement visa interview there? You need to establish how long that is. You also need to establish whether they will accept an application through the post. If so there is nothing to stop you submitting the application when you are still in the UK. You might however conclude that you should send it to a relative in India who would then post it to the British Embassy/Consulate in India.

Then you can fly out to India for the interview armed with all your supporting evidence ... attend the pre-arranged interview .... and then hopefully be back in the UK without too much delay.

[journey]

Many thanks to Kalyani & John for your valueable advice.

It is good idea to apply settlement application by post (if it is accepted by British Embassy in India). But my passport issued by Indian high commission in London already expired, how do I get it renewed??

Even if I get issued my passport from London high commission how will I travel back to India for an interview without travel documents.

Can I request to any embassy of any European country to allow me a stay. On the basis of work or invest money in the country and spouse of British citizen. What are the possibilities.

I want to excercise last option to go India & get settlement visa from there, because if I go India back on travel document, as Indian high commission in London may not issue passport then getting passport in India will take couple of months then queing for settlement in British embassy will take another couple of months may be years.

I and my wife can't leave seperate for so long, my wife can't join me in India as she is studying. Being marriage against her & my family no one is here to support her financially, no one is in India to support me financially.

I am already grateful for your all support....pl advice.....

Thanx

[John]

Journey, personally I think the decision is so unfair ... but it is not going to help you at all if I say that if I were Home Secretary you would have had your application approved.

It is good idea to apply settlement application by post (if it is accepted by British Embassy in India). But my passport issued by Indian high commission in London already expired, how do I get it renewed??

Surely the starting point must be for you to contact the Indian HC and ask that question. Without a valid passport nothing else seems possible.

[journey]

Dear Moderator,

Is there any possibility to apply marriage settlement on the basis of marriage with EU citizen in any other EU countries ?

[John]

Journey, only if you were actually living in (rather than just visiting) the country concerned.

So in your circumstances the answer is regretfully ... no!

[journey]

Does it mean no option except .....Kalyani's or your advice......???

I have an appointment with one of the best lawyer, see what does he say?

I know it is costly affair but better than to be apart from wife.....

[journey]

anyone knows any updation on below link from HO:

http://www.ncadc.org.uk/archives/filed% ... ws8/8.html

It is similar case as mine.......

[journey]

Subject is genuine marriage......


http://www.ncadc.org.uk/archives/filed% ... ws8/8.html


Precious feed back is awaited from all moderators and friends of Honourable or Horror able Home Secretary.....

[ilm]

journey,

I think the last statement says it all and is still valid today, as far as I am aware. Look at the rules for settlement visas for when applying from in or out of the UK. They are different!

So genuine marriage or not, a major issue for married couples is the immigration status of their partner at the time they apply for permission to stay on the basis of their marriage, not whether or not their marriage is genuine.

Important words are 'at the time they apply'. This is the reason why the most realistic solution is to apply for the visa in the home country where your immigration status is not an issue.

I am in a similar situation to yourself except that we have been living together for 8 years and are not 'yet' married (although the marriage seems to make little difference). Everyone we have spoken to says the only way to resolve it is to apply in the home country. Not what any of us want to hear as it appears to be adding obsticles just for the sake of it.

The HO seem very intent on applying the rules irrepective af the hardship/disruption it will cause.

[journey]

Dear Ilm

My Simpathies are with you, I can understand how do we feel in such situation.

Dear Moderators.. need your advices...

Still awaiting for submitted documents from HO for myself & my wife...


meanwhile, I applied & got a six months contracts in Latvia. They are ready to provide job to my wife also. I was thinking rather than joining long lasting appeal procedures and hassling my wife, just jump for the contract.

They are ready to provide all the documents which are required to apply resident permit from London.
After 3-4 months, I may submit my settlement application on the basis of marriage to UK embassy in Latvia. Is it acceptable to HO?

There is a problem also that I may have to come UK also during my contract to attend business meeting. Is it possible for UK embassy in Latvia to issue business visa if I have invitation letter from business orgainisation situated in UK??

Kalyani & John, Your advices are greatly appreciated.......

[John]

Journey, let's hope this all works out.

I think the first thing I would say is that if the job in Latvia is conditional upon you being able to visit the UK on business, well I don't think you should accept the contract. All you should undertake to do is use your best endeavours to get a UK visa, but whether you do or not is outside your control.

Secondly, I make no claim to having any knowledge whatsoever about the visa situation in Latvia. Yes it is in the EU but many of the accession States negotiated transitional protection provisions. So do you and your wife need visas or work permits to work in Latvia?

Thirdly, if you do establish yourself as living in Latvia it would be possible to apply for a temporary visa to enable you to come to the UK for a temporary work period. Personally I have no idea whether any such application would be granted.

Fourthly, if you are living and working in Latvia it would be possible to apply for a UK spouse visa from there. After 3 or 4 months living in Latvia? I am not sure that is long enough ... anyone else any thoughts on that ... or indeed any other aspect of this?

If it is the case that you and your wife need a visa to live and work in Latvia, that is, you are not exercising community rights to live there, I think that a possible application for a UK-issued EEA Family Permit would be out of the question.

I recollect that you said in an earlier message that there was a possibility of work in either Latvia or Netherlands. If the EEA Family Permit route is desired it seems that Netherlands would make that achievable, whereas I suspect Latvia would not. I think it comes down to .... can you get an EEA Family Permit to live and work in Latvia? If the answer to that is currently ... no ... then I think you would also not be able to get a UK-issued EEA Family Permit issued in Latvia after six months of working there.

Other thoughts most welcome.

[journey]

Dear John

Many thanks for your reply...

We will get resident permit for Latvia, being a spouse of EU citizen I will be able to go and work in Latvia.

After couple of months I will apply for settlement visa from Latvia and trust there shouldn't be any problem as it is part of EEA.

Condition of my job is not specified yet but I may have to travel UK and other EU coutries, as I will resposible for EU area.

Netherlands job offer has already gone.....

Further advices will be v. helpful

[John]

Journey, you have obviously checked out the situation vis-a-vis Latvia .... great ... very necessary ..... not possible just to assume that the transitional accession provisions do not impinge upon you and your wife.

Your job needing travel to other EU countries. Totally up to you but I think all you can do is undertake to use your best endeavours to get any necessary visa. It is out of your control whether any such application is granted.

I would very much welcome other input here, particularly as regards how long after arriving in Latvia to live and work it would be possible to submit an application for a UK spouse visa at the British Embassy in Latvia? Journey suggests three or four months may be long enough. I am not saying he is wrong but it does sound a bit short. Other thoughts?

[journey]

Dear John & others

Could you please guide how can I get visa information for Latvia??

[John]

Journey, a very quick search on google .... searching on .... Latvia Embassy London ... has produced :-

EMBASSY OF LATVIA IN LONDON

A very quick look shows that as your intended stay will exceed 90 days, Residence Permits will be required.

[journey]

Dear John

Many thanks again for useful information on Latvia....

But one main thing still unresolved that how to get passport from HO...

Because it will be with them until case is pending. Once I will say them that I want to withdraw appeal and want to go to other EU country then they may ask my travelling plan and may say see you at airport... or give me travel document to get Latvian visa....

Latvia don't have India Embassy... then how my passport will be renewed....

[Kayalami]

Journey,

As per comments by all respondents we really sympathasize with your situation but I am somewhat surprised that IMHO you are yet to carefully review the information you have to date. Where is your legal advisor and have you discussed any of the options raised to date? Some quick points to consider:

1. Your re-location to Lativa with eventual return to the UK under EU laws is on the basis of your spouse's (not you) move to Lativa in exercise of treaty rights. John - Lativa is part and parcel of the EEA in respect of exercise treaty rights under the Surinder Singh principal i.e your spouse is not restricted to employment in the 'initial' EEA cohort e.g Netherlands. You say your wife is a student in the UK - is the said move feasible/ realistic.

2. If feasible she would need to demonstrate to the British authorities for your application to return to the UK as a minimum 6 months of exercising treaty rights i.e formal employment, self employment or at worst where no employment then evidence of self support. Expect to submit payslips and income tax returns.

3. On the issue of your passport - write to the Home Office and ask for it back. Your appeal will be dismissed and you will be expected to leave the UK within 28 days of its return. You would obviously do this last.

4. The Lativan route may be moot if their UK consulate will not accept an application from you because you have no valid leave to remain in the UK - start here 1st then come back to the board.

[journey]

Ilm / all;

Do you know any one who has similar case as we/ I have, who applied from home country?

Has he/ she faced any any problem in getting settlement visa on time?

Because of history in UK there may be possibility that these kind of cases will end up for years waiting and finally sorted out in the house of common.

[ilm]

I don't know anyone personally but have been told that there are cases where this is 'the best way', from people on this site, my local MP and from general internet searches.

Most cases from the internet of spouses visa's failing seem to be where the appliction has failed but it appears this is due to other reasons such as criminal record, sponsorship withdrawal etc. I certainly havn't found a case that has failed where it is a 'straightforward case'.

This gives me a bit of confidence that when we apply it will be accepted although we are considering the consequences if it does fail.

Our biggest concern is for there being a delay in getting the visa once we have left the country as we both work as it would mean we both end up losing our jobs!

Any advice on how to make this simpler would therefore be very useful to both of us if anyone else has been through the same?

I am in two minds as to whether to contact the MP and tell them what we intend to do. If we do and there is a problem they will already know the details of the case and may be able to help quicker. The risk is that if the MP contacts the home office they may remember my partner is here . I may just let the MP know but not give details of my partner - Home office numbers etc.

[journey]

Hi Friends,

I withdrew my appeal and got my expired passport on 28 Feb.

Now my embassy is asking to get letter from HO that I haven't acquired British Citizen to renew passpot. I have sent cosent/ request letter to HO, Liverpool on 5 Mar 05 by special delivery to confirm that I haven't acquired British citizen and still awating for reply.

When I contacted to HO, Liverpool they said that they are reply 21 Feb 05 mail right now. It means no. for my letter will come after two weeks.

I am running out of time, as I want to leave at earliest possible and apply from my home country.

Could you pl advise how can I get quickly confirmation from HO, Liverpool on my request.
-If they delay then is there any concession from HO to delay my
departure??
- Shall I inform HO about situation?
- I have already booked my tickets for 20 Apr 05 provisionally

many thanks for your advise....

[journey]

Many thanks to John.... as helped me alot...

now I m back in the UK with spouse visa. Thank God..my visa was given in a day with any interview or my appearance before ECO....

Anyone needs any help or guidance.... most welcome

Now , interesting & complicated case has been come to an end. I trust, decision on my case will be motivation for lots of visitor to this web site...

As Kaylani says Don't affraid if you do not have anything to hide.....

[John]

Journey, that is great! So glad it all worked out ... and so easily in the end!

What sort of visa did they give you? A two-year one?

[ilm]

Journey, Congratulations. Glad you got it sorted out so quickly after all the troubles you had.

We are just about to start the whole process off as we got married a couple of weeks ago. We even managed to get visas for my parents in law to attend the wedding although it was not straight forward!

I would be interested to hear exactly how you got it sorted in the end? It sounds like you managed to do it really quickly! Can't quite understand from your post, but are you saying you didn't even have an interview with the ECO? Did you send in you out of country application before you left the UK or did they really process your form in less than 3 weeks?