query regarding dependent visa for husband in fraud case.

[chandu]

hi

i have a typical case.

my friend who is an indian national got hsmp approval and applied for EC 2yrs back but got rejected on the basis of fraudulent documents (employment details) which he claims to be true and applied for review and never accepted b4 HO that these were fraudulent but in review also they rejected his case.

recently 5 months back he got married and his wife is on H1B visa in USA. now she has applied for HSMP from USA and got the approval, she also got the visa. but she is still in US. now she wants to apply for a dependent visa (for UK) for her husband who is in india.

NOW THE QUESTION IS:-

will he get dependent visa? since he was rejected earlier on the basis of fraudulent documents. WILL THE PREVIOUS APPLICATION EFFECT HIS DEPENDENT VISA APPLICATION?


PLEASE DONT ASK WHY SHE IS LEAVING USA OR WHY HE DIDNT APPLIED FOR USA H4....

please suggest what to do?

[chandu]

please reply

[Mr Rusty]

The application can not be refused simply because he has been refused before, it has to be treated on its merits, but the previous refusal will mean that this case will be closely looked at to ensure everything is OK. Extra checks might be made, particularly to ensure that supporting documentation is genuine, as this was a matter of contention before. But the criteria for someone who has been refused before are basically the same as for someone who hasn't - the burden of proof is a bit higher, particularly if deception was alleged before.

It would not be a good idea to attempt to conceal the previous refusal

[chandu]

thanks for ur reply. do u have any idea about anybody got a visa in similar situations? if yes then how many days will be taken for such applications?

what should be done now? do u suggest taking any legal help?

The application can not be refused simply because he has been refused before, it has to be treated on its merits, but the previous refusal will mean that this case will be closely looked at to ensure everything is OK. Extra checks might be made, particularly to ensure that supporting documentation is genuine, as this was a matter of contention before. But the criteria for someone who has been refused before are basically the same as for someone who hasn't - the burden of proof is a bit higher, particularly if deception was alleged before.

It would not be a good idea to attempt to conceal the previous refusal

[Mr Rusty]

I don't know how long applications in India are taking
The important thing to remember in this case is that the husband is not now applying in his own right but as a dependant. Given that false documentation was alleged on a former application, you would expect the ECO to assure himself that the marriage is genuine.

Beyond that, the requirements for HSMP dependant applications are fairly straightforward as set out in Para194 of the Immigration Rules, which you can access via the BIA website. One aspect which may attract attention is set out in DSPs (instructions to Entry Clearance Officers), as follows:

"When assessing whether an applicant is able to maintain and accommodate himself/herself and any dependant in the UK whilst seeking employment, consideration should be given to all relevant factors such as cash resources and the level of planning they have undertaken to find work. Those applicants who can provide reliable evidence of a firm or tentative job offer or contract will require a smaller cash reserve as they will be able to start earning almost immediately. Applicants will be expected to have assessed their potential living costs realistically."

The wife's application will have been decided with the above in mind. If she did not declare her husband as a potential dependent applicant, the ECO may wish to call for her file to assess whether support and accommodation are adequate, and so you can see it would take a few weeks to reach a decision.If in the meantime the wife is established in employment in the UK, the chances of success may be higher.

Bearing all that in mind, it's up to you whether you want legal assistance to put the application together, or just to make representations or prepare an appeal following a refusal. If you want an OISC-registered advisor, I can recommend one (not me, and I have no financial interest)

[fizakhan]

Good discussion.

For further information on this issue, I would suggest to visit:

http://*****.blogspot.com

Good luck.


[ EDITED by Admin. Link directed to a site of nothing but google ads.

User banned for gross policy violation.

-> Announcements -> using this forum to solicit for or promote personal business

]

[Administrator]

.

moved to Family immigration from General UK

the Admin

[chandu]

thanks for all the replies... my friend got the visa... he just applied on the basis of his wife's documents and nothing much from his side... he didnt even put up any of his work experience this time.. since it would have been troublesome for him as they may approach a third party verification by integrasceen, unnecesarily complicating the things. he got the visa in 15days.


thanks again. and please do not hesitate if u need any further details..