please advise me about my visa

[manohar26]

Hi Guys..

Please help me whether i have all the documents to apply for settlement visa..What about the chances of getting the visa???

I'm an indian and i had married a british citizen few months back..We stayed together for close to 3 months in India and we are married as per the traditional method and also in the registration department..

Do you think, the following documents are enough for me to apply the spouse visa now??

My wife recently posted all the documents to india and i received them today and planning to apply for my visa in few days time

1. SETTLEMENT (VAF4A NOV 2010) form duly filled in by me.

2. A detailed covering letter explaining the circumstances how we met in Scotland and how we fall into love and how we got married in India by me

3.. My wife also sent a detailed covering letter how she gonna sponsor me

4.She is currently working full time in scotland. She has a letter from the employer working as full time and she been working as full time since 2008.The letter confirms the same and i have all her pay slips.

5. I have her original british passport with me now..This is for age proof.

6.I have the original marriage certificate and marriage photos around 15 and previous photos in scotland around 10 photos.

7.I did my bachelors degree in India and it was taught in english and i have a letter from the university explaining the same..Its recently dated letter from the university.

8.I have an account with indian account and been maintaining funds of £3600.00 from the past 3 months.

9. I had worked part time while i was on student visa in UK and i have all the payslips from the past employer. My wife recently took a letter from the manager stating the period i have worked in the past and he wants to see me so that he would offer me a job.

10.My wife has an account balance of £450.00 in her bank account and she has sent me the letter frm the bank including all the statements frm the past 4 months.

11.Original tenancy agreement duly signed by my wife and the landlord..She took the flat just a few days back and hence so council tax bills so far.. please advise without council tax bills, will i get any problem for my visa????? Am very confused. please advise me

12.We do the photos of the flat..its single flat.

13. We do have the proof of relationship for more than 16 months.
We chat a lot on yahoo and gmail..i have all the chatting and email correspondance from very long time and my original post paid bills ccalling to uk for more than 2 months.

14. My CV. I did my bachelors in commerce and worked for an MNC BANK in India for 3 years. I have all my original certificates including my tenth, +2 and degree certificate. My wife's CV

I went to UK on a student visa and overstayed only for 13 days because of the health reason..I indeed booked the flight ticket to my home country on the last day of visa however cancelled it and overstayed for 13 days as i was not feeling well at that time.. I do have both the travel tickets..I will be honest to Immigration officer why i overstayed for 13 days

Please Please Please advise me about the accommodation without council tax bill is ok or not??? My maintenance funds are ok or not??

I am applying very soon...So your quick reply is really appreciated..Thanks a lot

[manohar26]

Guys, do you think any document or documents missing for my settlement or spouse visa. Please guide me so that i can rectify myself and can apply perfectly in India

[John]

I have only four things to mention :-

• in your no. 5 you say " I have her original british passport with me now..This is for age proof. ". Really? She has actually posted her passport to you? She should have not done that, but instead sent you a certified copy of that passport. In my mind passports should never be in a different country to the person named in the passport.
• Where is your wife's birth certificate?
• As regards your 11 and 12, the accommodation, does the new tenancy agreement specifically give you permission to stay there? If not, have you got a letter from the landlord/agent giving you permission to live there? I do not see a problem about the Council Tax.
• Given that you have not told us how much your wife is earning, it is impossible to comment upon whether the financial test is passed, or not.

[manohar26]

I have only four things to mention :-

• in your no. 5 you say " I have her original british passport with me now..This is for age proof. ". Really? She has actually posted her passport to you? She should have not done that, but instead sent you a certified copy of that passport. In my mind passports should never be in a different country to the person named in the passport.
• Where is your wife's birth certificate?
• As regards your 11 and 12, the accommodation, does the new tenancy agreement specifically give you permission to stay there? If not, have you got a letter from the landlord/agent giving you permission to live there? I do not see a problem about the Council Tax.
• Given that you have not told us how much your wife is earning, it is impossible to comment upon whether the financial test is passed, or not.

Yes I do have her original passport with me now.. She does not know how to get notarised with the lawyer and so she sent the original passport to me ...

I do have the original birth certificate of her...

I do have the letter frm the landlord and i will get it done right now..

My wife is currently working has a full time but her wages really different from every 2 weeks..She been doing the same job for more than 3 years.. She earns around 370 pounds after tax deductions every 2 weeks..She is not able to get more hours these eventhough she wants to work as to support my visa...

Even, if i wait for other 2 or 3months and she would be earning the same....

I had worked for burger king for close to 16 months and spoke to my restaurant manager and told me that he would offer me a job once i am back to scotland...

Is that any advantage??? I am been maintaining around 3600 pounds for more than 3 months...

Do i need to do something more to get my visa???

Do i need to take the photostat copies of all the documents????

[Greenie]

How much does your wife pay in rent and council tax?

[manohar26]

She pays rent of £425.00 and council tax around £60.00 pounds per month.

[skyepark]

you need to maintain £106 pounds per week after rent, since she only earns £730 a month and pays over 485 for rent its not enough, you can use your savings but you will need to prove that the money in India is available to use ie transfer forms. Have a look at my story, there is a list of documents to give. Create an excel sheet to show incomings and outgoings and how long it will last you (rent, council tax and minimum maintenance)

You need to certify the passport , which means take a copy and someone solicitor to say its a true copy, how could she risk sending her original passport to you? That's insane. If you have her birth cert you dont need passport to prove the age.

You will need proof of contact a letter from you on how you met, how you decided to get married, why you want to live in the UK, and that you intend on living together. The overstay is not likely to count against you , however do acknowledge it and apologise. You do not need to include previous payslips on your part time work, just mention that you did work and your NI number, make sure that you were only working 20hrs a week.

[John]

you dont need passport to prove the age

Indeed true, but a certified copy of the British Passport is needed, to prove her status in the UK.

skyepark, I agree with your comments about the financial aspects.

[manohar26]

Hi John

Thanks a lot for the reply. I will get the passport notarised by a lawyer tomorrow in India...

Coming to the financial aspects of my wife, i agree she earns a kind of ok ok wages per month..I been in contact with my close friends in scotland and one of my friend is able to give me a job offer as a general assistant in a supermarket..He just spoke to me a few hours back and told me that he is sending an offer letter for me tomorrow through post. its a full time offer of 35 hours a week and a genuine one and it clearly says its valid for 6 months from now..

Please tell me whether i fulfill the financial test now....he already scanned the offer letter and it has the proper address, telephone number and fax number and the whole address with post code..

The offer letter states the place of location, duties and responsibilities,pay scale, no of hours per week, holidays etc..

Do u think this offer letter will be a substitute for my maintenance?? but i have been maintaining of around £3500.00 without drawing even a single pound from the past 3 months??

Please advice to wait for the letter to reach my address in India or i can take the color print out of the offer letter and its genuine, immigration officer can cross confirm by calling to the manager of the supermarket..
[/quote]

[manohar26]

Please reply, am i ready to apply for my visa now??? or do u think, i need any specific documents for my visa??

I have not consulted any immigration lawyer or i have not visited or gathered any information from any other site other than this forum,...This forum is so helpful even for beginners and i treat this a bible and so helpful in gathering all the stuff needed for my settlement visa....

Thanks a lot in advance for all the moderators and they are in fact doing a great job ..

[skyepark]

Please read what we have said, you say you have 3500 £ in Rupees in INDIA, you will have to show that you will be able to use it in the UK, you will need to write a letter to say how you will do this. Will you exchange all your ruppee into pounds before leaving or transfer it into your wife's account? Otherwise you are ok, you will need to be very sure of fianances, remember you have to prove

English Language
Fianance
Relationship
Acommodation

All have to be proven, you have a masters did you do an IELTS? A masters is not good enough to prove English. I'm not sure a degree in English in India is enough either. And you need that letter from the landlord to allow you to stay there.

[manohar26]

Thanks for your reply John.. I will clearly write down in the letter that i would transfer all the money i have in my indian account to my wifes account after getting visa.

I did my bachelors of commerce from a very prestigious university in India and its equivalent to bachelors of UK standard because i got admission into MBA based on my bachelors degree and work experience with HSBC Bank and its completely taught in English and i recently obtained a letter from the University as well..

Need to speak to my wife about the letter from the landlord and it would be done as fast as she can...

Am i now exempt from English test???

[John]

Please read this UKBA webpage, and in particular the section headed "Degree taught in English".

So manohar26 I turn the question back on you, are you exempt from the English test?

[manohar26]

Hi John

thanks a lot for your quick reply. I have gone thru the link and i think, I am exempt from english test as i do have the original certificate of award along with a letter from the university informing that the degree was taught in english.

[manohar26]

I have read a lot of information on this site and also on other websites for English test requirement.

Now, I have all the documents to apply for my settlement visa and ready to apply within a weeks time. But I am so confused now about the English Language requirement ..

Please advise me whether i will be exempt from the English language test or not

I did my bachelors degree (B.com) from Andhra University in First Class.. I have all the original award degrees and no where it is mentioned that it was taught in English Medium and it is completely in English.

I recently obtained a letter from the university on its letter head signed by the Deputy Registrar (Exams) and clearly mentioned, its taught in English Medium with my name and register number etc..,

I do not have any other documents from UK Naric .

But i gained admission into Masters in Management from a very reputed university in UK two years back with my degree and work experience from a reputed MNC Bank..

Please kindly advise me whether i am exempt from English test or not???

I am so ***** annoyed now about this English test as my wife sent all the documents from UK to apply for my spouse visa..

Please advise me and guide me...

[geriatrix]

Read Q&A guidance for applicants

[manohar26]

Can i apply for my visa and after getting the results, can i re-submit the result of the exam??please advise

[geriatrix]

No.

[pennylessinindia]

you are not exempt , read the link john gave . You may not be understanding the term exempt correctly. You have to show that you meet the requirement .

[manohar26]

do i have to write the academic or the general test...please guide me now

[John]

As regards whether you need to take the English test, the guidance I linked to included :-

Degree taught in English
If you want to show that you meet the English language requirement because you hold an acceptable degree taught in English, you should provide the original certificate of your award.

This certificate must be original, and must clearly show:

your name
the title of the award
the date of the award
the name of the awarding institution

Original provisional certificates are not acceptable.

You must provide the original certificate of your award unless: .......

You have the original certificate? And it complies with the requirements? The degree was indeed taught in English, so where is the problem?

[geriatrix]

i gained admission into Masters in Management from a very reputed university in UK

Did you pursue this course and obtain a qualification?

[manohar26]

Hi john

Thanks for ur reply..I do have the original certificate and it complies with the requirements.. means, it has my name, year, university and the award and other details and it was taught in english as i have a letter from the university

But i DONT have a letter from UK Naric stating that my bachelors is equal to UK bachelors...I am really worried....please advise

Hi Sushdmehta..i didnt finish my masters in management so far in UK

[geriatrix]

The information on the said webpage is misleading (not complete), so follow what is given in the Q&A guidance for applicants. Alternatively, see immigration rules 281(i)(a)(ii) - 281(i)(a)(vi).


Check the PBS calculator if your (Indian) qualification is listed, and if it awards you 10 points. If yes, no need for anything other than the degree. If not, you must take one of the approved tests.

If the PBS calculator does not award you 10 points then it is highly unlikely that NARIC will be able to certify your Indian qualification as equivalent to UK bachelors level. But if you want to give it a try, please do.

[manohar26]

I Checked my Indian qualification is recognised and i got 10 marks for my english language and i checked the TIER 2 GENERAL ON PB CALCULATOR....is that ok or u want to check for other one???