Settlement visa application from India - 2011

[Dabby]

Hey

I agree with you both Chimpee and autumn489. It feels like they're just picking on any petty thing they can just so we have to pay again for an appeal or re-application. Assuming we can find the money....

The 7 week wait was hard enough and now it will take so much longer. I wish we'd just got married in the first place it probably would have made this whole process stronger even if it wasn't the ideal wedding we would have wanted.

Hang in there everyone. Seems like they're at least suddenly getting on with decisions rather than leaving everyone in the dark.

[Chimpee]

Yes hope they get a move on and really consider peoples emotional feelings as this is just not time consuming but also very costly too!

Some people cant even afford to pay top soilicitors etc and the suffer when having to do everything them selves.

hope everyones ok. Anyone had any recent updates on there applications??

Chimpee

[Dabby]

Yes, we are one of those people that really can't afford a solicitor, never mind the rent and bills I'm having to afford alone. We're struggling financially to use the solicitor we have in the hope of avoiding problems like this but looks like they happen anyway! It's such a messed up system.,...

[autumn489]

These holidays are a killer as well. Apparently there are so many holidays in India now when UKBA does not function. That delays the whole process. The whole timeline is soooooo depressing. Sometimes i wonder if they can be accussed of violating basic human rights.

They grant work visas in a week, atmost a month. Even their families join them in the same period. But for people settled in UK, its a pain to get their families. Isnt it simply stupid ?

My wedding is at stake, but why would they care ? Theyhave their timelines which I feel are a whole load of bollocks

[Chimpee]

Hey guys...

Hope everyone is well. This forum has died down a bit!

Has anyone heard anything??

@ Dabby & Autumn489: I totally agree with you guys. I didnt know there was holidays going on in india at the moment!? Is it because of navratri and dussehra etc?? That is seriously going to delay the whole 60 working days waiting time!

[Dabby]

Chimpee,

I was using this website http://www.chennaiiq.com/india/holiday2011.asp
For indian holidays in Chennai. Not sure if that's relevant throughout India (you know I have never even been to India before!).

Looks like we will be appealing. I'm frantically trying to get together yet more evidence whilst holding down a full time job. So little time!

Also I noticed that the Guide to Processing times still isn't showing August processing times and it's now October! So the more people that post their waiting times here the better idea everyone will have.

Good luck all. Hope good new is forthcoming for everyone.

[Chimpee]

Hi dabby. Yh I noticed that too. My husband applied for his visa in jalandhar and if I look at the processing times its still showing augusts figures!! Maybe they've started to accumulate a backlog again.

Has anyone else heard anything from there applications.. I have a feeling we will get refused too as my husband was an over stayer in the uk. I really don't want to have to go through appeal.. It can take ages!!

All we can do is pray and way!! Its been 3 weeks for me.. Still a long wait to go!!

How come u have never been to india?? Its lovely!

Chimpee

[Dabby]

Well I was born and raised in the UK. In a very Westernised part of the UK so I'm very out of touch with my Indian roots and never before had a reason to go to India.

[lucy_2011]

Hello All,

I just joined this forum however I have been following it for a month now n trust me, u guys have been really helpful....
My husband is on ILR in UK. I'm an Indian citizen and applied for Settlement visa from New Delhi, VFS. Details are mentioned below:

1. Date of application at VFS: 5th Sept, 2011
2. Forwarded to BHC, Delhi: 11th Sept, 2011
3. Refusal Letter receieved: 3rd Oct, 2011
4. Docs attached: Husband's ILR docs, our passport copies, utility bills mentioning his n my name on it, tenancy agreement(only his name on it), our court marriage pics, his bank statements, college brochures mentioning my intention to study thre, my educational certificates, and our marriage certificate by the UK as we got married in UK when I went to visit UK on prospective student visa.
5. Reason for refusal: No companionship is shown and did not prove that we stayed together after marriage. (however I showed the water bill mentioning my name on it). Acc to them, iyt seems marriage for convinience.

Now they have sent us an appeal form. I wanted to ask you all,
1. Should i appeal in UK or in India? which one is fastest?
2. Should i go for paper hearing or oral hearing?
3. what all supporting docs can i attach to show that the marriage was genuine?
4. should we hire a lawyer(however, due to all this mess, we r already broke)

The reason im asking about oral hearing is because we have the landlord as a witness who can say that he has seen me in the house n i stay there.
In the appeal form, it is mentioned that for oral hearing, my witnesses will be heard.

Please suggest me guys,my time is running out?

Thanks in advance. Looking forward for prompt reply.

[lucy_2011]

Hello All,

I just joined this forum however I have been following it for a month now n trust me, u guys have been really helpful....
My husband is on ILR in UK. I'm an Indian citizen and applied for Settlement visa from New Delhi, VFS. Details are mentioned below:

1. Date of application at VFS: 5th Sept, 2011
2. Forwarded to BHC, Delhi: 11th Sept, 2011
3. Refusal Letter receieved: 3rd Oct, 2011
4. Docs attached: Husband's ILR docs, our passport copies, utility bills mentioning his n my name on it, tenancy agreement(only his name on it), our court marriage pics, his bank statements, college brochures mentioning my intention to study thre, my educational certificates, and our marriage certificate by the UK as we got married in UK when I went to visit UK on prospective student visa.
5. Reason for refusal: No companionship is shown and did not prove that we stayed together after marriage. (however I showed the water bill mentioning my name on it). Acc to them, iyt seems marriage for convinience.

Now they have sent us an appeal form. I wanted to ask you all,
1. Should i appeal in UK or in India? which one is fastest?
2. Should i go for paper hearing or oral hearing?
3. what all supporting docs can i attach to show that the marriage was genuine?
4. should we hire a lawyer(however, due to all this mess, we r already broke)

The reason im asking about oral hearing is because we have the landlord as a witness who can say that he has seen me in the house n i stay there.
In the appeal form, it is mentioned that for oral hearing, my witnesses will be heard.

Please suggest me guys,my time is running out?

Thanks in advance. Looking forward for prompt reply.

[Dabby]

Hi Lucy,

We're just preparing our appeal now so I'll help if I can.

I believe you have 28 days to lodge the appeal. We're getting letters from everyone that knows us to confirm that they know us as a couple and have known us for years. We're getting together any communications between us such as e-mails and telephone records. Hopefully all of that will help. Perhaps that's what you need to?

I believe the appeal documents to go the UK anyway whether you lodge it in the UK or India. So perhaps UK is quicker because you don't have to wait for them to post it to the UK. I think that's the case. I don't really know the details of all that.

We too are completely broke and borrowing money to use a solicitor - just to make sure we've got everything covered. Up to you what you do.

Good Luck! It's so draining and embarrassing handing over your entire personal lives to the UKBA but we're prepared to give them whatever they need.

[lucy_2011]

Thank you Dabby.. that helped a lot...
Yeah I was going thru other forums in this website where people mentioned that they have sent emails, phone records, landlord's letter mentioning that the appellant was living there, and pics with other people on outings and functions...

i hope this will help u too... guys, more inputs please...

thnks again

[Chimpee]

Hello Lucy and dabby

My advice to you would be to include everything and anything in ur appeal application. Photos of you 2 together after marriage, Letters and cards you've sent to eachother, bills of anywhere you've been together after marriage or before, phone records, email communication, proof of wedding venues and where marriage took place, both wedding cards from boys side and girls side, parents confirmation that there happy with the wedding..

Hope this helps

Chimpee

[lucy_2011]

Thanks Chimpee...

ya i've told my husband to apply frm thre with al the docs which everyone is telling me...

[Dabby]

Hi Chimpee,

We're not actually married yet! We're engaged. But we're getting together pretty much everything else on that list.

[Chimpee]

I'm intrigued to find out what u guys initially handed in with your application. If you have seeked legal advice from a solicitor he should tell u all these things that are a must.

Have u guys also shown that you are financially capable of supporting your spouse when they arrive into the uk without having recourse to public funds??? Thats another big point they look at...

I also included a job offer letter for my husband which I arranged for him in the uk showing that if he's issued with a visa there's a job here ready waiting for him.

All these little things mount up and will help your case so much. Please let me know if there's any other way i can help. Take care guys

Chimpee

[amy01]

Hi chimpee, u previously said ur worried because ur hubby is an overstayer. Remember I had the same prob but they cnt stop u as uve seen with my case. If ur relationship shows as gebuine they cnt deny it. Dnt worry I'm sure u will be fine.
Also yes I find that the more u pay a solicitor the better.I first went to a solicitor who said he'd charge £600 and he gave me list of about 10 things which seemed minimum to mee. I didn't find him helpful really so went to another.
I got some advice off solicitors that gave free advice n they also only gave the minimum list of things.
The solicitor I did go with in the end I paid £2000 and £150 per hour every time we made an appointment to see him but the list he gave us was great and my file was HUGE !!! He didn't miss a single thing!
Its not fair at all. Luckily we had the money.

Dabby - really sorry to hear the rejection! Really hope the appeal goes through and that u dnt have to wait long again.

[lucy_2011]

hey chimpee,

thnks for the reply... we submitted every possible docs n pics mentioned in the ukba checklist for settlement visa...

all they knw is to harass people...
also chimpee, could u suggest me a gud lawyer ....

[Chimpee]

Amy - hope ur well and thank u for the moral support. After hearing that ur hubby got his visa it gave me extra hope that I could be lucky too as our cases were very similar!!

I just pray everything goes ok! Have u sorted everything out for ur return on the tenth??

Lucy - I do not have any details of any solicitors in the uk as the one we are using is in india and my husband is having directly dealing with him... Try searching the Internet...

[Docnav]

Hi,

Just going thru the thread makes me realize how heartless sometimes these visa issuance officers would be. Perhaps, they could have spared a couple of mins before stamping it refused!!

My story goes like...I am on ILR and my wife from India applied for dependent visa thru Chennai BHC. She submitted on 12 Aug,11 and got a refusal letter on 29Sep. I intend to appeal that but try a ECM review as well.

I spoke to couple of solicitors based in London and Reading and need to see one of them in person next week to submit documentation. They charge 60 pounds per consultation and it would last 30 mins on phone. I need to go n see them on Monday.

I wonder if anyone of you know whats the average timescale for these responses to come by...and secondly, do we need to send all the documents which have been submitted on the first occasion??

By the way Lucy, PM me and I will give you the details of solicitors I interacted with. Couple of them are based in London and one in Reading.

[Docnav]

hi folks,

Just wondering if any of u know... if need to submit originals for appeal? In which case, I will ask my wife to send her passport and other original documents including refusal letter urgently. This information is not provided by the lawyers yet. N I didn't wanna wait until Monday for that.

I appreciate your help.

Nav

[Dabby]

Docnav, that's so weird. We applied at Chennai BHC on 12th August and got refused on 29th September! Exactly the same! Why did they refuse yours?

As far as I know its just extra information in the appeal as I think they will have copies of documents from the original application. I've given our solicitor original documents but not sure if he will send originals or copies. Our solicitor is fixed fee which is amazing because I email them a lot!

Good luck with your appeal! We're lodging ours this week with another mountain of evidence...

[Docnav]

Hi Dabby,

Mine is on the grounds of inadequate funds and accommodation confusion. Hopefully I should be able to address that with more evidence as have been a high earner during last few years.

I am going to see the Solicitor tomorrow and that might give us more insight into what's the charge and what the chances of being successful on review or appeal. It would be annoying if it goes on to appeal as it might take ages for that outcome to be out.

I will keep u guys updated about the status and outcomes.

Good luck with your appeal...

[autumn489]

Hi Guys,

My Fiancee just got a call from the BHC Mumbai to say that he has been invited for an Interview on 19/10/2011.

We have applied for a Fiancee visa.

He has had an Work permit refusal sometime back, but now he plans to come back as my dependant and we have our wedding date on 31/10/2011.

I am really worried about the interview questions they might ask. I am already having jitters. This has been such a stressful period. Our marriage is dependent on this.

Any idea what sort of questions the ask at Visa Interviews ??

Any guidance guys would be helpful.

[Chimpee]

Hello Autumn489,

Hope your well

First of all i would like to say i am very happy that they have invited ur fiancee in for an interview as this will give him a very good chance to speak to them face to face and give them a clearer understanding of your relationship.

The questions they will focus on more is how you guys met, where you met, how long have you known eachother, when did u realise you wanted to get married to eachother, they might also question him about your family to see how much he knows, they will probably also ask him ur DOB and questions about you to see how well he knows you...

Its best to practice these types of questions with your fiancee before the interview date!

I hope it all goes well for you both.. please keep us all posted

Chimpee