Any Advice appreciated

Zazs · Post by **Zazs** » Fri Jan 20, 2017 8:33 am

Hello all
I have a few questions regarding spouse settlement visa application. I will give you a little background info and then post a few queries.
I was previously in the U.K. on student visa since Aug 2003 and remained legal until Dec 2011 by extending my student visa. At which point I didn't make any effort to extend my visa (biggest mistake of my life) and continued living in the U.K. illegally up until July 2016. I would like to add that during my whole stay there (legal and illegal), I was never in any trouble with the law, be it police or the immigration services.
Fast forward to 2016, I met my now wife(she is on ILR and also Indian ) in January 2016. Despite living in different cities, we remained in contact via visits, phone and Internet messaging(Whatsapp and iMessage). We decided to get married and apply from my home country. I returned to India in July 2016 after arranging my emergency certificate from Indian high commission(my passport expired 2012) and my return ticket, both arranged by myself.
Our wedding was in Oct. 2016(traditional Indian wedding). After which my wife had to return to U.K due to work commitments, we didn't register our marriage at that time. She is coming again in mid Feb 2017 and we plan to get our marriage registered asap on her arrival. My wife will be bringing all her supporting documents with her, and we plan to apply online as soon as we get the marriage certificate.

Now I have a few confusions, and would greatly appreciate your input and advice.

1. My wife is insisting we hire a solicitor from the U.K. to undertake our application(given my previous lengthy overstay). Although I am quite confident about the procedure, we don't want to take a chance. Would you recommend hiring a solicitor? Would it be a viable option to avoid any complication?

2. According to VFS India website, settlement visa applicant should send supporting documents directly to Sheffield. If we do take the DIY approach,
(a) Do we send only photocopies of all supporting documents(I have read on this form that UKVI do not return original documents)?
(b) Do they need any of the originals, If so which ones ?
(c) If we send photocopies, do we have to get them attested? Would they accept attestation from any Indian law firms?

3. My wife's most recent payslip and bank statement, will be from 28th January 2017. What would be the latest date by which we would have to apply, in order for them to be effective? Since they have to be within 28 days of application.
Does this 28 day period mean from the date of online application or date of biometric enrolment at VFS or the date we post the documents or the day they receive in Sheffield?

4. How should we approach my overstay in the covering letter? Any pro-forma would be greatly appreciated. Could my overstay, be a sole reason for refusal on its own?

5. Me and my wife have been in constant touch throughout, but most of it has been through voice calling via Internet, FaceTime and Whatsapp. We didn't realise that we can't prove it through conventional billing system(Internet calls and video calls through FaceTime and Whatsapp don't show on network bill). I have downloaded Whatsapp chat history in pdf format, and will be getting few printouts. I also have taken screenshots of FaceTime and Whatsapp calls on my idiot-phone and will be printing them as well. Would these be sufficient to satisfy UKVI ?

Any advice would be greatly appreciated

CR001 · Post by **CR001** » Fri Jan 20, 2017 8:43 am

1. My wife is insisting we hire a solicitor from the U.K. to undertake our application(given my previous lengthy overstay). Although I am quite confident about the procedure, we don't want to take a chance. Would you recommend hiring a solicitor? Would it be a viable option to avoid any complication?

A solicitor is not really necessary, unless you like to waste money. Your overstay should not be an issue but it could be and even a solicitor won't make a jot of difference, they have no influence on your application outcome.

2. According to VFS India website, settlement visa applicant should send supporting documents directly to Sheffield. If we do take the DIY approach,
(a) Do we send only photocopies of all supporting documents(I have read on this form that UKVI do not return original documents)?
(b) Do they need any of the originals, If so which ones ?
(c) If we send photocopies, do we have to get them attested? Would they accept attestation from any Indian law firms?

a) Rubbish. What point would HO have to retain everyone's original documents. You have to send originals, if you don't you are likely to face a refusal.
b) All originals, except spouse passport and BRP card.
c) Only wife's passport and BRP card. You must send originals, the form and guidance is VERY clear on this point.

3. My wife's most recent payslip and bank statement, will be from 28th January 2017. What would be the latest date by which we would have to apply, in order for them to be effective? Since they have to be within 28 days of application.
Does this 28 day period mean from the date of online application or date of biometric enrolment at VFS or the date we post the documents or the day they receive in Sheffield?

Date of application I think, but I stand corrected.

4. How should we approach my overstay in the covering letter? Any pro-forma would be greatly appreciated. Could my overstay, be a sole reason for refusal on its own?

There is no 'template' letter. You need to state your situation truthfully. Not is should not be a sole reason for refusal.

5. Me and my wife have been in constant touch throughout, but most of it has been through voice calling via Internet, FaceTime and Whatsapp. We didn't realise that we can't prove it through conventional billing system(Internet calls and video calls through FaceTime and Whatsapp don't show on network bill). I have downloaded Whatsapp chat history in pdf format, and will be getting few printouts. I also have taken screenshots of FaceTime and Whatsapp calls on my idiot-phone and will be printing them as well. Would these be sufficient to satisfy UKVI ?

Should be ok but it must be in a format (screenshot) that HO won't question whether it has been 'edited'.

Does your spouse earn the required annual salary to meet the financial requirement?

vinny · Post by **vinny** » Fri Jan 20, 2017 8:58 am

They may consider 320(11).

Zazs · Post by **Zazs** » Fri Jan 20, 2017 9:46 am

Thanks a lot Char and Vinny for quick responses.
Char, appreciate your advice regarding solicitor. This forum has given me a lot of confidence to complete the application on my own.
2. Thanks, we will send all originals certificates and bank statements etc. Apart from wife's passport.
3. Thanks
4. We will explain everything honestly in the cover letter.
5. Will make sure to print screenshots corresponding to date time and contact number.

Yes my wife does earn above the required threshold. Took on another part time job since July 2016, in order to qualify for the requirements. We will include corresponding payslips and job letters from both employers as well as bank statements.
Both jobs are hourly paid ( non-salaried if presume).

I will be sure to post any further query, if I have any
Thanks again

Zazs · Post by **Zazs** » Fri Jan 20, 2017 10:10 am

Zazs wrote:I have downloaded Whatsapp chat history in pdf format, and will be getting few printouts. I also have taken screenshots of FaceTime and Whatsapp calls on my idiot-phone and will be printing them as well. Would these be sufficient to satisfy UKVI?

I meant to say i phone. Somehow 'i phone' is being autocorrected to idiot phone

shahjee123 · Post by **shahjee123** » Sat Jan 21, 2017 11:39 am

Zazs wrote:Hello all
I have a few questions regarding spouse settlement visa application. I will give you a little background info and then post a few queries.
I was previously in the U.K. on student visa since Aug 2003 and remained legal until Dec 2011 by extending my student visa. At which point I didn't make any effort to extend my visa (biggest mistake of my life) and continued living in the U.K. illegally up until July 2016. I would like to add that during my whole stay there (legal and illegal), I was never in any trouble with the law, be it police or the immigration services.
Fast forward to 2016, I met my now wife(she is on ILR and also Indian ) in January 2016. Despite living in different cities, we remained in contact via visits, phone and Internet messaging(Whatsapp and iMessage). We decided to get married and apply from my home country. I returned to India in July 2016 after arranging my emergency certificate from Indian high commission(my passport expired 2012) and my return ticket, both arranged by myself.
Our wedding was in Oct. 2016(traditional Indian wedding). After which my wife had to return to U.K due to work commitments, we didn't register our marriage at that time. She is coming again in mid Feb 2017 and we plan to get our marriage registered asap on her arrival. My wife will be bringing all her supporting documents with her, and we plan to apply online as soon as we get the marriage certificate.

Now I have a few confusions, and would greatly appreciate your input and advice.

1. My wife is insisting we hire a solicitor from the U.K. to undertake our application(given my previous lengthy overstay). Although I am quite confident about the procedure, we don't want to take a chance. Would you recommend hiring a solicitor? Would it be a viable option to avoid any complication?

My personal opinion not a big fan of Solicitors but do not RISK it for the sake of saving money mate. There are a lot of legal things you are probably not aware of which only solicitors can make their way out of it(talking about if god forbidden things go wrong). Knowing you have illegal status as well in your application.

2. According to VFS India website, settlement visa applicant should send supporting documents directly to Sheffield. If we do take the DIY approach,
(a) Do we send only photocopies of all supporting documents(I have read on this form that UKVI do not return original documents)?
(b) Do they need any of the originals, If so which ones ?
(c) If we send photocopies, do we have to get them attested? Would they accept attestation from any Indian law firms?

Originals are always the safe side but will still refer to Solictor for more details TBH.

3. My wife's most recent payslip and bank statement, will be from 28th January 2017. What would be the latest date by which we would have to apply, in order for them to be effective? Since they have to be within 28 days of application.
Does this 28 day period mean from the date of online application or date of biometric enrolment at VFS or the date we post the documents or the day they receive in Sheffield?

6 Months is the requirement.

4. How should we approach my overstay in the covering letter? Any pro-forma would be greatly appreciated. Could my overstay, be a sole reason for refusal on its own?

If I was you I would state the reason of overstay but again a Solicitor can give you better options and tell you how it t needs to be done ideally on the application nothing other than that.

5. Me and my wife have been in constant touch throughout, but most of it has been through voice calling via Internet, FaceTime and Whatsapp. We didn't realise that we can't prove it through conventional billing system(Internet calls and video calls through FaceTime and Whatsapp don't show on network bill). I have downloaded Whatsapp chat history in pdf format, and will be getting few printouts. I also have taken screenshots of FaceTime and Whatsapp calls on my idiot-phone and will be printing them as well. Would these be sufficient to satisfy UKVI ?

Screenshot Whatsapp , Facetime , Facetime Audio , VIber , Facebook Calls , Messages I did it on my application back in 2014. I even took screenshots of talking to wife while on facetime to prove the number appears on top but thats just for your own peace of mind.So yeah drain as much Screenshots you can buy a second phone if can afford :~). I did it so I was taking screenshots while travelling and even if I am at work lol. Your facetime or whatsapp calls state how long you 've spoken to each other take that screenshots as well that will make it more clear to them. The reason I am saying all these things is so that you do not give them a single bit of chance to think twice if this relationship is not genuine.

Any advice would be greatly appreciated

I am not a Solicitor nor promote them in anyway. If this was a simple straight forward application without any Illegal Status I would recommend you to go on your own. But I would Highly recommend you to listen to your wife and go to a good solicitor because I know someone with same situation granted a Visa because of Solicitor involved. Rest is on you mate Goodluck for your application.

Zazs · Post by **Zazs** » Fri Mar 10, 2017 10:53 am

Hi I have one more question, I would be grateful for any advice.
Basically I had applied for certificate of approval (COA) in 2009 in order to marry my then girlfriend(British citizen), which was granted by the HO. I was residing legally at that time in the UK. Unfortunately shortly after we split up and went our separate ways. We never gave any notice to the registrar's office to get married, nor we had and other wedding ceremony(religious or official). Soon after I applied student visa extension and was granted 2 years flr as a student.
Now my query is, how do I prove to the home office in my current spouse visa application, that I did not get married after receiving COA from them in 2009. I certainly can't get Certificate of no impediment (CNI) from local registrar's office in the UK, as I am neither British citizen nor am residing in the UK. I am going to be completely transparent about my immigration history in my application.
Do I need to be prepared to provide any proof, though I am not sure how I prove something that didn't happen.
Any input would be sincerely appreciated.
PS thanks shahjee

Zazs · Post by **Zazs** » Thu Nov 09, 2017 4:22 pm

Hi everyone, My visa application has been successful thanks to this wonderful forum and helpful mods and members. I was able to compile all the necessary docs without the need of a solicitor. I will shortly post my timeline. And I will surely be back in a couple of years to seek help for extension.
Thanks again guys

CR001 · Post by **CR001** » Thu Nov 09, 2017 4:24 pm

Congratulations, very pleased you got it all done yourself and saved some money (a holiday perhaps once spouse is here??)

Zazs · Post by **Zazs** » Thu Nov 09, 2017 4:34 pm

CR001 wrote: ↑
Thu Nov 09, 2017 4:24 pm
Congratulations, very pleased you got it all done yourself and saved some money (a holiday perhaps once spouse is here??)

Thanks a lot Char. Your advice gave me the confidence to do it myself.
And yes, a holiday is definitely on the cards

. The fee we were quoted by couple of solicitors , Probably we could rent a yacht

CR001 · Post by **CR001** » Thu Nov 09, 2017 4:37 pm

Blimey yes, I can imagine the cost of a solicitor to 'fill in the form' for you.

Enjoy having your spouse here and feel free to ask questions again when extension is due.

A point to note and you might want to start preparing when spouse is here etc, you will need to collect evidence of subsisting marriage and cohabitation for the extension and will need documents from 6 different sources addresses jointly to both of you or 12 sources addressed individually. So make sure you keep things filed and ready for the next step so that you are prepared.

Page 64/65 about in the FLR(M) form (for the extension) lists more or less what HO expects to see.

Zazs · Post by **Zazs** » Thu Nov 09, 2017 5:29 pm

Thanks again. I will stay prepared from the get go and be sure to pop back for any doubts.

Zazs · Post by **Zazs** » Thu Nov 09, 2017 5:33 pm

My timeline
Visa application centre: Chandigarh, India
Type of visa applied for: Spouse Visa husband Non-Priority
Date application submitted online: 20 June 2017
Date biometrics taken: 23 June 2017
Online application received confirmation by UKVI: 4 July 2017
Documents sent: 6 July 2017
Date documents received at UKVI Sheffield per Royal Mail: 7 July 2017
Email confirmation of supporting documents received in Sheffield: no e-mail
Date documentation received back from UKVI: Around the 10th August 2017 (self addressed envelope)
Calls / e-mails to UKVI: No
Aim to make decision by 31 October e-mail: Yes on 25 September
Any calls by UKVI : Yes on same day 26 October 2017 called the sponsor and the employer of part time job
E-mail on 30 October about busy period and more time: No
Decision made e-mail by UKVI: No
Decision made SMS and e-mail from VFS: 7 November 2017
Date passport collected: 8 November 2017 visa granted (date on accompanying letter 3 November 2017)
Valid from: 8 November 2017 to 8 December 2017

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