Wife's Settelment visa was Rejected

All,

I have spent few weeks reading this forum and have been impressed with results and stories here.

I am an Indian Citizen with ILR which was issued in 2009 ( After 17 years, I arrived in U.K. when I was 15 but now 33 years of age ) . I went to India in December 2009. I met my wife and we started talking over email & phone. I than went back to India toward end of March and got married on 1st of Apri 2010l. We submitted her settlement visa dated the 9th of April 2010.

She got a rejection dated 25th of June 2010. Below are the details on Refusal letter.

1) Your Husband was born in India and later moved to the uk where he has regularised his stay. AS evidence of your relationship you have submitted Photos from your wedding although your relationship stayed in January 2010. You have submitted an internet print out of texts sne but as this not the genunie phone bill. I cannot be satisified that they are genuine therefore I am not satisfied that it is your intention to live with your sponsor in a genuine and subsisting relationship.

2) I acknowledge your sponsor's bank statement however his account is regularly overdrawn,. I am therefore not satisified that this document is a true reflection of his finanical circumstances or that this money is available to support you in the UK. Given the lack of information regarding your sponsor's monthly income your have not demonstrated thaty you will be able after the marriage maintain yourselves and any dependants adequately without recourse to public funds.

3) You have not give reasonable evidence that the accommodation you plan to live in is suitable or big enough for this purpose. There is no independent proof of the size or occupancy of the property. You have therefore not demonstrated that this accommodation meets the requirements of the housing act 1985 and that there will be enough room for you and your wife and any dependants.
4) I have also taken account of article 8 of the human rights Act. I consider that refusing this application is justified and proportionate in the exercise of the immigration control. I do not believe that refusing this application will interfere with family life, for the purpose of article 8 as you can continue to enjoy that in India.



I use to work as contractor in a bank so it was on self employed basis. Now I am have become Permament stafff on PAYE. I have just rented a 1 bed room flat as well. I have about £ 17,000 in ISA account, £ 5000 in savings account, £ 4000 in my current account. Also have £ 7000 in my company account which will be closed next week. Do you think I have enough funds ? I must say in the first application all these savings were not shown clearly .

I have printed about 400 text messages between me and my wife. Also there are some emails as well. I have not hard copies of my Mobile phone bill and also international calling card company as well.

I would like to submit a fresh application for my wife and wanted your advice. Is there anything I need to include to make sure she gets her visa this time for sure ?

Many Thanks

I would like to submit a fresh application for my wife and wanted your advice. Is there anything I need to include to make sure she gets her visa this time for sure ?

You need to read and re-read the reasons for rejection, and make totally sure that each and every point of rejection is dealt with. In other words do ensure that they have absolutely no reason to reject another application.

John,

Thanks for the reply. Only thing I am having problem with is the housing proof.

I have rented a 1 bedroom flat from an estate agency. But cannot find anyway to prove the size of the property. ECO mentioned I need independent proof. Is the tenancy agreement good enough ?

Many Thanks

Shopfront wrote:John,

Thanks for the reply. Only thing I am having problem with is the housing proof.

I have rented a 1 bedroom flat from an estate agency. But cannot find anyway to prove the size of the property. ECO mentioned I need independent proof. Is the tenancy agreement good enough ?

Many Thanks

Take pictures of the rooms and write down their measurements. However, I've seen most applications get their approval with just their tenancy agreement.

in regards to text messages you need to print off the bills and highlight the numbers and gain proof that these tel numbers belong to you and her payg its hard to do but you can contact the network.

Savings accounts will need statements and a letter from the bank to say date of opening of account and any large transfers made in who's name.

Shopfront wrote:John,

Thanks for the reply. Only thing I am having problem with is the housing proof.

I have rented a 1 bedroom flat from an estate agency. But cannot find anyway to prove the size of the property. ECO mentioned I need independent proof. Is the tenancy agreement good enough ?

Many Thanks

Get the estate agents whom you rent off to do a property inspection of your flat, ie, measure and photograph flat and describe its condition and how many people can live in it. Will charge you about £60 for this.

This should be enough for the ECO.

Also with all that amount of money , how come you go regularly go into overdraft like teh ECO has stated?

Also I would not apply again but instead appeal teh notice. I think you will get it overturned on appeal. Its not a difficult case. Can be easily argued that teh ECO did not make correct decisions.

Thank you all for reply. I have now got the fresh application ready and looks good. I have to admit that first time I might have rushed to get the application in. But you live and Learn. Hahaha

I did not have savings statement and also My ISA statement was online only. Now looking at all the documents for the fresh application it looks like I have provided evidence beyond probablites to prove every point they might have raised.

Batlay,
I always have a habit of moving my monthly pay in savings account than just use the free overdraft facility of the bank. I guess this might not have helped but since than I have 5 Bank statements and have not gone overdrawn in any of them.