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Appeal For Settlement Visa

 
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raz1979
Junior Member


Joined: 28 Aug 2012
Posts: 17

PostPosted: Tue Aug 28, 2012 6:49 pm    Post subject: Appeal For Settlement Visa Reply with quote

Hiya people,

I have been following this forum for a few months now and never posted before. I thought I would let everyone know how I have been getting on with things.

I am british born and have married a girl from India who is an Indian national.

I have not used a solicitor for the application or the appeal but have consulted one for advice only.

My wife applied for her settlement visa on the 10/04/2012. We received confirmation of refusal on the 07/07/2012.

The sole reason for refusal was that we did not enclose the original registration of marriage certificate in the application so they are not happy that the marriage has been legally registered in India. It is my own fault as I prepared the application for her and I cannot read Gujarati I must have missed it, the notary translation was sent though.

It all seems pretty straight forward, we have to send in the original certificate and chances are the decision will be overturned upon review. The ECO could very easily have called my wife and asked her to bring in the certificate.

The appeal was lodged with the Tribunal Service on the 17/07/2012, after numerous phone calls and complaints regarding the length of time the appeal is being held up Leicester we received the letter from them on the 23/08/2012 confirming the ECM has till 03/01/2012 to review the decision.

I totally sympathise with others who are in limbo and cannot do anything other than wait.

By sending a complaint in writing to Leicester sped up the process in them sending the documents to the embassy in Mumbai South. I would suggest that for others who are still awaiting their appeal documents to reach the embassies.

Anyone have any ideas about how to get the embassy to speed up things in processing the appeal????

Mine seems a very straightforward case as all they want to see is the original registration of marriage certificate which we have now sent!!

I know Harpreet managed to get her case looked at quickly by contacting the embassy in Delhi directly!!

Any suggestions would be welcome people!!

RAZ
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batleykhan
Moderator


Joined: 30 Jul 2007
Posts: 3285
Location: West Yorkshire

PostPosted: Tue Aug 28, 2012 7:13 pm    Post subject: Reply with quote

I am afraid no matter what you do, you can not speed up teh process than what it is now

You only have yourself to blame for this mistake.

Don't forget teh ECO deals with thousand of such applications and refusals.

You will just have to wait your turn.It takes on average 3 months for ECM to review refusals
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krip
Newbie


Joined: 02 Apr 2012
Posts: 8

PostPosted: Fri Aug 31, 2012 12:14 am    Post subject: Re: Appeal For Settlement Visa Reply with quote

raz1979 wrote:
Hiya people,

I have been following this forum for a few months now and never posted before. I thought I would let everyone know how I have been getting on with things.

I am british born and have married a girl from India who is an Indian national.

I have not used a solicitor for the application or the appeal but have consulted one for advice only.

My wife applied for her settlement visa on the 10/04/2012. We received confirmation of refusal on the 07/07/2012.

The sole reason for refusal was that we did not enclose the original registration of marriage certificate in the application so they are not happy that the marriage has been legally registered in India. It is my own fault as I prepared the application for her and I cannot read Gujarati I must have missed it, the notary translation was sent though.

It all seems pretty straight forward, we have to send in the original certificate and chances are the decision will be overturned upon review. The ECO could very easily have called my wife and asked her to bring in the certificate.

The appeal was lodged with the Tribunal Service on the 17/07/2012, after numerous phone calls and complaints regarding the length of time the appeal is being held up Leicester we received the letter from them on the 23/08/2012 confirming the ECM has till 03/01/2012 to review the decision.

I totally sympathise with others who are in limbo and cannot do anything other than wait.

By sending a complaint in writing to Leicester sped up the process in them sending the documents to the embassy in Mumbai South. I would suggest that for others who are still awaiting their appeal documents to reach the embassies.

Anyone have any ideas about how to get the embassy to speed up things in processing the appeal????

Mine seems a very straightforward case as all they want to see is the original registration of marriage certificate which we have now sent!!

I know Harpreet managed to get her case looked at quickly by contacting the embassy in Delhi directly!!

Any suggestions would be welcome people!!

RAZ


I have just been through the whole agonising appeal process, and it's true you cannot speed the process up, so just try and relax. Out of interest why did you choose to Appeal, if it was just a document missing, it would have been quicker to submit a new application, including ALL relivant documents?
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Greenie
Guru


Joined: 21 Aug 2008
Posts: 6946

PostPosted: Fri Aug 31, 2012 8:01 am    Post subject: Reply with quote

If he had reapplied he would have been subject to the new rules. Appealing was the best option.
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krip
Newbie


Joined: 02 Apr 2012
Posts: 8

PostPosted: Fri Aug 31, 2012 12:44 pm    Post subject: Reply with quote

Greenie wrote:
If he had reapplied he would have been subject to the new rules. Appealing was the best option.

AHH yes, thanx for tht info, the new rules are tough, as well.
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raz1979
Junior Member


Joined: 28 Aug 2012
Posts: 17

PostPosted: Sun Sep 09, 2012 8:07 pm    Post subject: Reply with quote

batleykhan wrote:
I am afraid no matter what you do, you can not speed up teh process than what it is now

You only have yourself to blame for this mistake.

Don't forget teh ECO deals with thousand of such applications and refusals.

You will just have to wait your turn.It takes on average 3 months for ECM to review refusals


Thanks for the info. I know its my own fault. I have received notice of pending appeal now and the review period is till the 3rd Jan 2013. I also have a certain issue, my wife is going to have some land in india signed over to her in November and for that she will require the original registration of marriage certificate as she is now married. We had to send the original as they requested it. If we contacted bhc and explained the situation to them would they review the decision early??

Any input would be appreciated!!
_________________
Applied: VFS Mumbai South - 10/04/12
Visa Refused - 07/07/2012
Appeal Lodged 17/07/2012
Passport Submitted - 05/11/2012
VISA GRANTED - 26/11/2012
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