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Spouse settlement - Applying after refusal.

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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coorgi
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Posts: 33
Joined: Sat Apr 09, 2016 12:41 pm

Spouse settlement - Applying after refusal.

Post by coorgi » Sun Jul 31, 2016 1:01 am

Hi there,

I hold British citizenship and I applied visa for my wife which got refused for missing original bank statement, I appealed with original bank statement, took a chance but that is taking longer so finally decided to make a fresh application. I wanted to make sure that this time I am submitting everything and wanted your guidance on anything different that I need to do given that I am making a fresh application after rejection. My wife would be applying from India.

Application forms
  • online application form whilst booking appointment
  • Sponsorship form - I think this may not be needed but I thought ill attach for safety
Please let me know if these are the right applications to fill in.

Supporting documents.
  • Copy of my passport
  • Wife's passport
  • 2 photos
  • Latest TB certificate
Financial requirement
  • Last 12 months payslips originals
  • Last 12 months bank statements - Original
  • Last year P60
  • Employment letter from employer confirming my role, data of joining and annual income.
Accomodation
  • Tenancy agreement
  • Letter from landlord confirming the size of the house and his acceptance for my wife to live in the property
Relationship
  • My previous marriage was dissolved so divorce certificate
  • Our marriage registration certificate(We got married in Feb this year)
  • Wedding pics and various other pics of our dates and family pictures
  • Wedding invitation
  • Marriage wishes card
  • Facebook greetings
  • Call history
  • Few chat histories
  • Emails
  • Money transfers from my indian account to my wife's
  • Air tickets
English
  • Original degree certificate
  • English medium certificate from university - NARIC recognised institute and course
Others
  • First application refusal letter - Is it necessary and what level of detail should I specify in the cover letter? should I specify about the pending appeal
  • Cover letter
Please let me know if I have missed anything and what else I need to do different.

Many thanks for any help that would be offered.

coorgi
Newbie
Posts: 33
Joined: Sat Apr 09, 2016 12:41 pm

Re: Spouse settlement - Applying after refusal.

Post by coorgi » Sun Jul 31, 2016 12:07 pm

I am also confused about the route I can apply. I have had several visas before I got citizenship, business visa, Tier 2(ITC), Tier 1(General) and then passport.

should I apply for ‘family of a settled person’ visa route or Tier 1 general dependent route? My refused application was with the route ‘family of a settled person' just proving the financial requirement with no funds maintenance for 3 months. I am confused because of what is stated in this page https://www.gov.uk/remain-in-uk-family/exceptions Somebody please clarify

Should I also get a consultant and are there any good consultants in chennai?

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CR001
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Location: London
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South Africa

Re: Spouse settlement - Applying after refusal.

Post by CR001 » Sun Jul 31, 2016 12:31 pm

coorgi wrote:Hi there,

I hold British citizenship and I applied visa for my wife which got refused for missing original bank statement, I appealed with original bank statement, took a chance but that is taking longer so finally decided to make a fresh application. I wanted to make sure that this time I am submitting everything and wanted your guidance on anything different that I need to do given that I am making a fresh application after rejection. My wife would be applying from India.

Application forms
  • online application form whilst booking appointment
  • Sponsorship form - I think this may not be needed but I thought ill attach for safety Not required.
Please let me know if these are the right applications to fill in.

Supporting documents.
  • Copy of my passport Needs to be certified if you send copies. Post Office does it for a fee.
  • Wife's passport
  • 2 photos
  • Latest TB certificate
Financial requirement
  • Last 12 months payslips originals Why are you submitting 12 months? Have you been with same employer for 6 months.
  • Last 12 months bank statements - Original Why are you submitting 12 months?
  • Last year P60
  • Employment letter from employer confirming my role, data of joining and annual income. What about your employment contract?
Accomodation Fine. Maybe include the latest council tax too.
  • Tenancy agreement
  • Letter from landlord confirming the size of the house and his acceptance for my wife to live in the property
Relationship Should all be fine.
  • My previous marriage was dissolved so divorce certificate
  • Our marriage registration certificate(We got married in Feb this year)
  • Wedding pics and various other pics of our dates and family pictures
  • Wedding invitation
  • Marriage wishes card
  • Facebook greetings
  • Call history
  • Few chat histories
  • Emails
  • Money transfers from my indian account to my wife's
  • Air tickets
English
  • Original degree certificate
  • English medium certificate from university - NARIC recognised institute and course Is this the NARIC ELA?
Others
  • First application refusal letter - Is it necessary and what level of detail should I specify in the cover letter? should I specify about the pending appeal HO will have this on record as well as the appeal.
  • Cover letter Not really needed
Please let me know if I have missed anything and what else I need to do different.

Many thanks for any help that would be offered.
Remember that the latest payslips and bank statements cannot be older than 28 days.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Posts: 87408
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Spouse settlement - Applying after refusal.

Post by CR001 » Sun Jul 31, 2016 12:36 pm

coorgi wrote:I am also confused about the route I can apply. I have had several visas before I got citizenship, business visa, Tier 2(ITC), Tier 1(General) and then passport.

should I apply for ‘family of a settled person’ visa route or Tier 1 general dependent route? My refused application was with the route ‘family of a settled person' just proving the financial requirement with no funds maintenance for 3 months. I am confused because of what is stated in this page https://www.gov.uk/remain-in-uk-family/exceptions Somebody please clarify If your spouse has never been in the UK as your dependent (PBS), then the ONLY option for spouse is to apply for the 'family of settled person' visa, otherwise known as the 'spouse settlement visa'. Thre is no 'funds maintenance for 3 months' requirement for as spouse settlement visa. YOU have to meet the £18,600pa financial requirement.

Should I also get a consultant and are there any good consultants in chennai? Members are not permitted to post company/solicitor details on the forum.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

coorgi
Newbie
Posts: 33
Joined: Sat Apr 09, 2016 12:41 pm

Re: Spouse settlement - Applying after refusal.

Post by coorgi » Sun Jul 31, 2016 1:41 pm

Many thanks for taking the time to read and advice.

Ha! I didn't get the passport copy certified just sent the copies, as in to my wife in India and I was planning to apply next week. If that is mandatory then the application date would have to be postponed or is that something that I can send separate?

Employment - I chose to submit 12 months just as an additional proof, I earn well over the needed earning levels and I had been with the same employer throughout. Contract I didn't include but the letter confirms that I am a permanent employee and reference for contact

ELA - No I didn't get the NARIC certificate but this is one of the well known universities(VTU, Belgaum) of India and identified in the PBS so I was told that its enough. Is it not?

Visa route - yes she had never been in the UK and I had British passport before marriage so I will go with the 'Spouse settlement visa'

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse settlement - Applying after refusal.

Post by Casa » Sun Jul 31, 2016 2:41 pm

1. The uncertified copy of your passport may not be accepted.
2. NARIC ELA is mandatory. Your application will be refused without it. PBS is no longer accepted.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Spouse settlement - Applying after refusal.

Post by noajthan » Sun Jul 31, 2016 2:48 pm

coorgi wrote:Many thanks for taking the time to read and advice.

...

ELA - No I didn't get the NARIC certificate but this is one of the well known universities(VTU, Belgaum) of India and identified in the PBS so I was told that its enough. Is it not?
Where?

You are using suspect sources of advice.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse settlement - Applying after refusal.

Post by Casa » Sun Jul 31, 2016 3:42 pm

UKVI Official notification:
Points-based calculator
From 6 April 2016 the points calculator cannot be used to provide information in support of migrant applications for leave to enter or remain in the UK.


https://www.points.homeoffice.gov.uk/gu ... 6FC6C5B45C
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

coorgi
Newbie
Posts: 33
Joined: Sat Apr 09, 2016 12:41 pm

Re: Spouse settlement - Applying after refusal.

Post by coorgi » Sun Jul 31, 2016 11:55 pm

Casa wrote:UKVI Official notification:
Points-based calculator
From 6 April 2016 the points calculator cannot be used to provide information in support of migrant applications for leave to enter or remain in the UK.


https://www.points.homeoffice.gov.uk/gu ... 6FC6C5B45C

Thanks a lot, in my previous application I didn't submit NARIC as I obviously didn't have and the only reason for rejection was missing original bank statement and also then I was told by a consultant that NARIC assessment was not needed. Can I do the 48 hours assessment or should I take the newly introduced assessment specific for immigration purposes?

A stupid question - Scanned copy of the certified copy of passport would be accepted? I know it doesn't make sense if a copy of passport had to be certified then the copy cant be another copy. If that is not an option then can I post this separately or what are my options?

As far as call history, whatsapp and all of that, how do I prove the number I have called or chat with is that of my wife? I included telephone bill which had her number, name and address but now she uses prepaid and I can still get self-registered account detail on the network provider. Is this needed or am I complicating?

coorgi
Newbie
Posts: 33
Joined: Sat Apr 09, 2016 12:41 pm

Re: Spouse settlement - Applying after refusal.

Post by coorgi » Sun Jul 31, 2016 11:58 pm

For whatsapp chat - is it ok to blur out the content and just leave the dates?

coorgi
Newbie
Posts: 33
Joined: Sat Apr 09, 2016 12:41 pm

Re: Spouse settlement - Applying after refusal.

Post by coorgi » Mon Aug 01, 2016 9:08 pm

Thanks everyone, I applied for NARIC and will also get passport certified.

coorgi
Newbie
Posts: 33
Joined: Sat Apr 09, 2016 12:41 pm

Re: Spouse settlement - Applying after refusal.

Post by coorgi » Sat Aug 06, 2016 11:47 pm

Hi all, is this form really needed if I have done the online application? VAF4A- Personal details https://www.gov.uk/government/uploads/s ... /VAF4A.pdf, because this looks like the same information that were asked in the online application form.

I got the NARIC certificate and my wife would be applying early next week. I paid the IHS fees online but I had been charged INR 162, 000 that is close to 1900 GBP on top of the application fee. I have no idea what went wrong. I'll contact UKVI to understand this but my wife has appointment on Monday and I can't contact UKVI until monday morning. Any advice on what could be done?

rivercam
Junior Member
Posts: 98
Joined: Wed Jul 11, 2012 7:48 pm

Re: Spouse settlement - Applying after refusal.

Post by rivercam » Sun Aug 07, 2016 9:09 am

Hi

Your wife can still attend the interview and you need to apply for refund of over payment.

Details of how to apply refund can be found on website.

KatieWills
Member
Posts: 151
Joined: Thu Nov 19, 2015 9:59 am
Wales

Re: Spouse settlement - Applying after refusal.

Post by KatieWills » Sun Aug 07, 2016 9:53 am

Your wife needs a printed and signed copy of the VAF4A online form to take to her biometrics appointment. My understanding is it gets stamped at the biometrics appointment then sent along with the rest of the application.

Not sure how you were charged £1900 for IHS. It should have been around £600. If you included your details as sponsor in that section it should only charge you £1200.
Refunds are automatic and paid within 90 days.

https://www.gov.uk/healthcare-immigrati ... on/refunds
Be humble for you are made of earth, be noble for you are made of stars.

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