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Spouse Visa

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john1966
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Posts: 5
Joined: Tue May 11, 2004 2:29 pm

Spouse Visa

Post by john1966 » Tue May 11, 2004 2:47 pm

Hi
PLease guide me as I wish to apply for a settlement Visa as regarding the types of interview questions i would face with the entry clearance officer and the best answers one is expected to give. My details are as follows:

I knew my wife since June 2003 and since then she has visited me in U.A.E during July for 5 days, December - January for 18 days,February for 11 days,March - April for 33 days, I visited the UK and stayed with her from July - August for 20 days and in October - November for 30 days.
During her Vist In March - April , we both went to India and got married on the 22nd of April 2004 and then she left for UK on the 30th and I arrived in U.A.E.

My UK Visa was sponsored by my wife.

Iam a widower with 2 kids who are studying in India.
My wife ( British Citizen) has been through a divorce twice. Decree Absolute has been granted to her.

How are our chances to be together in U.K.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Tue May 11, 2004 10:55 pm

Hello there,

Please refer to my previous post to a member for Para 281 and VAF2 Form http://www.immigrationboards.com/viewtopic.php?t=436

The questions in your interview will be centered on the rules and every word in the application form.

The issue of your children and your wife's children will be also raised especially if they are below 18.

Please also refer to DSPs, chapter 13 and 9. This is the bible of ECOs.
http://www.ukvisas.gov.uk/servlet/Front ... 5796295766

My advice is a good preparation from the UK with a stand by legal representative before you apply.You will get your visa or win your appeal.

Good luck :)

john1966
Newly Registered
Posts: 5
Joined: Tue May 11, 2004 2:29 pm

Post by john1966 » Wed May 12, 2004 8:44 am

tdabash wrote:Hello there,

Please refer to my previous post to a member for Para 281 and VAF2 Form http://www.immigrationboards.com/viewtopic.php?t=436

The questions in your interview will be centered on the rules and every word in the application form.

The issue of your children and your wife's children will be also raised especially if they are below 18.

Please also refer to DSPs, chapter 13 and 9. This is the bible of ECOs.
http://www.ukvisas.gov.uk/servlet/Front ... 5796295766

My advice is a good preparation from the UK with a stand by legal representative before you apply.You will get your visa or win your appeal.

Good luck :)
Thanks a lot for your advice, I really appreciate it

Any more members would like to comment or add their valuable information please do so.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Wed May 12, 2004 3:22 pm

john1966

Your interview will not be easy.

Expect tough questions about being a widow. When? Where? Possibly how?

Expect tough questions deep into the relationship between you and your wife since the start.

Expect tough questions about your children and who is looking after them.

The integrity of your wife as a sponsor will be questioned.

Expect questions about your future plans in the UK.

As I told you the general questions will be centered on the law and application form. Have you reviewed Para 281 and the form?

If your wife is able to visit you where you are and you are able to visit her in the UK, I do not think that involving a legal representative would be a problem for both of you.

I have already told you 'My advice is a good preparation from the UK with a stand by legal representative before you apply. You will get your visa or win your appeal'

Why am I saying this?

You are not just a young guy who fell in love with a young British girl. The ECO will look at your case with ifs and buts.

You may appreciate that the burden of proof lies on you with the civil standards. Unfortunately most of the ECOs look at the case with criminal standards... ie absolute evidence.

You can not afford to make a mistake then fail at the end.

In your interview though, be polite, firm and smiley and to the point. It is exactly like an interview for a job. I believe you have attended many. Do not talk too much. Just answer the question within the context of the law and do not dig a hole for yourself. An interview by the ECHO is like a game of chess.

Good luck :)

john1966
Newly Registered
Posts: 5
Joined: Tue May 11, 2004 2:29 pm

Post by john1966 » Mon May 24, 2004 4:49 am

Hi Guys
Thanks for all the help, I got my Spouse Visa stamped (Validity for 4 years), The interview was pretty cool and lasted for 15 minutes........

So guys there's nothing to worry about if you have to attend an interview, be calm and cool and answer all questions honestly and last but not the least concentrate on the documents you submit and ofcourse a well structured Sponsor Letter.

I haved moved a step closer, and i guess have to prepare for an interview with the immigration officer at heathrow...any clue on this? as to what to expect?

Cheers guys!

Chess
Diamond Member
Posts: 1855
Joined: Fri Nov 07, 2003 1:01 am

Post by Chess » Mon May 24, 2004 8:08 am

I haved moved a step closer, and i guess have to prepare for an interview with the immigration officer at heathrow...any clue on this? as to what to expect?
Congratulations John,


Entry at Heathrow should be straight forward - just carry all the dicuments you used for EC and proof address where you are gonna stay and obviously some little bit of money to use as soon as you get in

All the best
Where there is a will there is a way.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Mon May 24, 2004 10:04 am

Hello,

Well done. Congratulations

It seems that you have prepared very well for your application either yourself or through a legal representative in the UK (likely)

You have mentioned ‘concentrate on the documents you submit and of course a well structured Sponsor Letter.
Of course a well structured sponsor letter would be powerful if reviewed by a legal representative or you have reviewed the rules.

For the readers, this is the point I would like to convey.
So guys there's nothing to worry about if you have to attend an interview, be calm and cool and answer all questions honestly and last but not the least concentrate on the documents you submit and of course a well structured Sponsor Letter.
I have already mentioned
In your interview though, be polite, firm and smiley and to the point. It is exactly like an interview for a job. I believe you have attended many. Do not talk too much. Just answer the question within the context of the law and do not dig a hole for yourself. An interview by the ECHO is like a game of chess

I am very pleased you have got your visa,

You will have no problem at all.
At Heathrow, Immigration officers do not decide for an entry clearance as from the year 2000.This responsibility has been shifted to ECOs overseas. You have already done it.
All what you need now is to decide when you would like to come to the UK and book your ticket. Please also see chess’s advice.

Welcome to the UK :)

john1966
Newly Registered
Posts: 5
Joined: Tue May 11, 2004 2:29 pm

Post by john1966 » Tue May 25, 2004 6:20 am

Hi guys

I havent consulted any legal firms regarding my application and I guess a legal representive is only required if your case is not a straight forward one or there are holes in your application.

My sincere advice to all future aspirants is to search for message boards like this one and ofcourse www.google.co.uk is the best.

Spend a lot of time reading articles and success stories of other applicants which you could find it on the net.

As tdabash mentioned
At Heathrow, Immigration officers do not decide for an entry clearance as from the year 2000. could you tell me what stamp would they put on my passport on my arrival at heathrow.

cheers guys

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Tue May 25, 2004 10:03 am

Hello there,

Once again congratulations.

You have prepared very well for your visa. You have read a lot and understood the basis of immigration rules prior to your application. I have been always saying to the readers; Please think law.

You have come across a good ECO. If you come across one of the other ECOs your comment could have been different. ECOs are not lawyers. They are trained to apply the law. Sometimes they get it wrong.

If this happens the applicant has 28 days to appeal if applying from overseas post or 10 days from inland. For an appeal to be heard, it would take up to one year. The application and the documents the applicant submitting is usually the basis of an appeal.

When you give an advice you do not know the capability of the reader. In addition to this you do not know how the ECO would react.

Your interview took 15 minutes; because you have prepared very well in the context of the law. I heard of interviews taking longer than that. I have witnessed how an ECO could have twisted the words. I have witnessed marriage visas refused, gone through an appeal and won.

If you remember rightly, I told you about the type of questions you might have been asked and the interview where I stated ‘in your interview though, be polite, firm and smiley and to the point. It is exactly like an interview for a job. I believe you have attended many. Do not talk too much. Just answer the question within the context of the law and do not dig a hole for yourself.’

You are appling from the UAE and have an immigration status of your work. I should think there is no significant back log.

It is expected that you have some proof of savings which you may have submitted in your documents.

On 11 May 2004 , in your first post you said 'PLease guide me as I wish to apply for a settlement Visa...'
On 24 May you wrote 'Thanks for all the help, I got my Spouse Visa stamped...'

If you are applying from India you could have told us a different story.
Do you know that a spouse visa in India may take more than 2 months from the time of first application to the date of the interview? In Manila it is about 2 months. please refer to the post writtin by Ge in this board.

In my comment I have also stated 'Of course a well structured sponsor letter would be powerful if reviewed by a legal representative or you have reviewed the rules'

To the readers again, if you are applying from outside the UK and think your immigration issue is easy, Please Do not take it lightly. If an ECO has got it wrong, there is nothing you would be able to do outside the UK.

I am very pleased for you John. Well done.

Anyway you will be given a wet stamp (rectangular) saying

- Home Office number e.g. JG 123 456 (will be written by immigration Officer)
- Leave to enter for/until (in print)
- Date (will be written by Immigration Officer)
- No resources to public funds (in print)


Good luck :)

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Tue May 25, 2004 4:23 pm

John,

Congratulations on your success no doubt facilitated by good preparation as per the excellent advice by tdabash. I am somewhat surprised to hear that your entry clearance was granted with validity of 4 years - 2 years is the standard issuance and the Entry Clearance Officer whilst having fairly wide powers of discretion appears to have stretched this one. Do verify it is the correct visa by checking the annotation which would state Spouse of (Name of your wife). Best to carry the relevant paperwork submitted in support of the application in case of any queries by the Immigration Officer at the Port of Entry which appears to be Heathrow. In terms of formalities the IO will:

1. Verify the validity of your visa.

2. Verify the validity of your travel document.

3. Verify your identity and that you are the true holder of the travel document presented.

3. Check that there has been no material change in your circumstances since the visa was issued by questioning you as to your reasons for entering the UK.

4. He/she may direct you to take a chest x-ray - this is unlikely but if you have your own x-ray bring them as it saves time.

The IO will then stamp your passport on the visa with a rectangular stamp which will have:

1. POE = Heathrow (Terminal No)

2. IO number

3. Admission date

4. Any other conditions imposed e.g. register with Police etc.

A comment on 'no recourse to public funds' should already be endorsed on the visa but if not will be added by the IO.

5. The IO will also fill out relevant details such as flight arrival number etc on the back of a white landing card you fill out - this ends up in the Home Office database and forms part of your immigration file.

If you don't mind/ if its not private would you be able to detail some of the Q's you were asked at interview - several posters are awaiting settlement interviews and it will be useful for them to have an idea of what to expect.

Best wishes for a happy marriage and safe journey to the UK.

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Tue May 25, 2004 11:54 pm

Dear Kayalami

Thank you for your comments and welcome back

I noticed you have not written for sometimes. Have you had a nice holiday? In fact the board has missed its head in your absence.

Thank you again for reminding me that John will have two rectangular stamps:
1- One of them contains the details you and I have explained.
2- The other one contains the details you explained and I did not. This stamp will contain: immigration officer, his/her number, date and Heathrow (no of terminal) if John is arriving in Heathrow; as you mentioned.

I am not sure what would be the position of John after 2 years.
Would he be allowed to apply for ILR? I think it would be OK.
If there would be an objection from HO for the ILR after 2 years, then the ECO have harmed John. If there is no objection from HO then ECO has given John further two years in his favour.

At the time when 12 months marriage visa was issued under the old immigration rules, a friend of mine who is a doctor married to an English midwife has been given 4 or 5years visa from abroad (as far as I remember). He never came back to the UK and elected to work in UAE with his wife.

Regards :)
tdabash
------------------------------------------------------------------------------------

Dear John1966,

This board will help you view the stamps you will be given.

There is an easier site to visit but I d rather take you through the one you like

Please go to www.google.co.uk
Please type immigration stamps and make sure you have ticked pages from the UK
Please go to IND - UK Passport Stamps

The stamps you will be given are:

1-The first one is located under the title ‘Limited Leave to Enter or Remain

In this section, your stamp is the first one on the left above the paragraph stating ‘If a person has been granted leave to enter or remain here as a student or work permit holder………

It is called ‘code1’

2-The second one is located under the title ‘Change of conditions’It is the first stamp on the right (without the remarks above it); above the title to the next section ‘points to note’. It is exactly like the rectangular stamp you have obtained when you visited your wife in the UK. Of course, it would be without the remarks.

I would be grateful if you could please respond to kayalami’s request.

From the three short posts you have written, I gather you are a professional, well off, worked in UAE for several years and intellectual.

Have safe journey to the UK :)

Regards :)
tdabash

john1966
Newly Registered
Posts: 5
Joined: Tue May 11, 2004 2:29 pm

Post by john1966 » Wed May 26, 2004 8:37 am

Dear Kayalami

The contents of my entry clearance is as follows

Place of issue XXXX Valid From dd/mm/04 Valid Until dd/mm/08
Number of entries MULT
Type HUSBAND - Spouse of XXXX, dob dd/mm/yy
Name YYYYYYYYYY
Passport No. 1234455
Obsrv No recourse to public funds

your doubt regarding the validity of 4 years , i guess it has to do with my wife's passport expiry date which is on dd/mm/08.

The questions asked are as follows

1) Did you understand the application?
2) Do you understand what I say?
3) When did you marry?
4) Where are your children?
5) Why arent you applying for their entry clearance?
6) What are your plans when you arrive in UK?
7) What job are you currently holding?
8) why do you want to come to UK?
9) why is your wife not joining you in the U.A.E?
10) How many times did you visit the UK?
11) where did you first meet your wife?
12) did your wife sponsor anyone?
13 Did that person ever applied for ILR?
14) Where is this person?
15) Are you sure this person is back in India?

...... and lo and behold The lady officer say your application is successful come back at 2:00pm to collect your passport and the Visa duly stamped.

As you can see from the above questions, I prepared a lot in advance and as i mentioned earlier the interview was all over in 15 minutes.

cheers then

tdabash
Member
Posts: 108
Joined: Sat Mar 27, 2004 10:09 am
Location: UK

Post by tdabash » Wed May 26, 2004 5:11 pm

Dear John,

Thank you for your response.

I am sure you have prepared very well for your interview.

Well done.

All the best for the future. :)

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