Settlement visa application from India - 2011

@batley khan

Hi my deadline date for my husbands appeal is due thursday the 10th however he had cal called last week and was told that he should get response back by email or they will call him. They hadn't said anything about sending the bundle back. So my mp is contacting the uk ba go see if they could speed things up a bit. Bot sure what the bhc Dehli are doing but I'm hoping they overturn. Meanwhile my barrister has said be is certain his appeal will be allowed as I have a lot of evidence of our sub standing relationship and finance. What are your opinions on the bhc overturning decision

@ss
any news for your appeal yet

sKAUR wrote:@batley khan

Hi my deadline date for my husbands appeal is due thursday the 10th however he had cal called last week and was told that he should get response back by email or they will call him. They hadn't said anything about sending the bundle back. So my mp is contacting the uk ba go see if they could speed things up a bit. Bot sure what the bhc Dehli are doing but I'm hoping they overturn. Meanwhile my barrister has said be is certain his appeal will be allowed as I have a lot of evidence of our sub standing relationship and finance. What are your opinions on the bhc overturning decision

Most of spouse visas are usually in favor of applicant at an appeal hearings.However I would not get your MP and barrister involved in the same thing at the same time. Stick your solicitors to do everything

Hi,

I was hoping somebody could help me. My wife applied for a settlement visa on 12/10/12.

The VFS website shows the status as "Your visa application has been forwarded to the British High Commision".

Does this mean that the visa is under process? I have emailed VFS and they send a standard reply without answering the question.

Any help would be appreciated.

Thanks

William1234 wrote:Hi,

I was hoping somebody could help me. My wife applied for a settlement visa on 12/10/12.

The VFS website shows the status as "Your visa application has been forwarded to the British High Commision".

Does this mean that the visa is under process? I have emailed VFS and they send a standard reply without answering the question.

Any help would be appreciated.

Thanks

that's strange. I thought that the message should be that the visa application is under process at the BHC

My wife applied at Delhi on 17/10/2012 .The initial message was same as yours but in a day or two it changed to ' your visa application is under process' message.

Hello everyone

Just a quick update, my wife received a phone call from the chennai BHC today after 60 working days that they need more information. she had previously applied for dependant under settlement on the 4th October 2012.

Am working as a self employed dentist but I do not own any business of my own but work as an associate so they needed a letter from my employer confirming that am still working for him and my pay is more than £18,600 but

I had submitted all documents :

Letter of employment
P60 when I was under work permit
Welcome letter from HMRC when I registered as self employed under Tier 1
Direct debit evidence of Class 2 NI
All correspondence with HMRC regarding my taxes paid since since 2010
Letter from accountant regarding the tax calculation for year 2011- 2012
Pay slips and bank statements of 12 months

All documents show that am in a full time job and pay is more than £18,600/annum.

I have sent another letter of employment today though DHL courier to chennai

Has anyone had any such situation and anyone knows ow long it might take now since we have had to do this

Any thoughts friends ?

If you are self-employed filling out SA100 return, then in theory you cannot work for one employer only (unless you are IR35 compliant).

You can check with your accountant if he has looked into this and you should be fine!

I really doubt if the UKBA in India are going to get into this level of detail but worth bearing in mind.

P.S - I am not self-employed but an employee

drabhishek82 wrote:Hello everyone

Just a quick update, my wife received a phone call from the chennai BHC today after 60 working days that they need more information. she had previously applied for dependant under settlement on the 4th October 2012.

Am working as a self employed dentist but I do not own any business of my own but work as an associate so they needed a letter from my employer confirming that am still working for him and my pay is more than £18,600 but

I had submitted all documents :

Letter of employment
P60 when I was under work permit
Welcome letter from HMRC when I registered as self employed under Tier 1
Direct debit evidence of Class 2 NI
All correspondence with HMRC regarding my taxes paid since since 2010
Letter from accountant regarding the tax calculation for year 2011- 2012
Pay slips and bank statements of 12 months

All documents show that am in a full time job and pay is more than £18,600/annum.

I have sent another letter of employment today though DHL courier to chennai

Has anyone had any such situation and anyone knows ow long it might take now since we have had to do this

Any thoughts friends ?

Hi srik_1983

Thanks for reply, yes am self employed filling SA100 and account files online submission and I have also submitted that evidence from HMRC ( original copy ) addressed to me and also a detailed report from accountant in preparing my tax for year 2011-2012.

I don't understand why the BHC waited till 60 working days to just ask the letter from my associate dentist ( technically he who owns the business ) that am still working for him and that my wages are more than £18,600. Everything is crystal clear but they r still demanding a new letter.

Now am not sure how long they are going to take in processing, they told my wife that we have 7 working days in submitting the letter which I did courier directly to chennai BHC today. Hopefully it reaches to chennai by this Friday

I agree, atleast on the bright side they didn't reject it for this silly reason ... So be positive

You could check IR35 with your accountant/tax agent and see what they say ...

drabhishek82 wrote:Hi srik_1983

Thanks for reply, yes am self employed filling SA100 and account files online submission and I have also submitted that evidence from HMRC ( original copy ) addressed to me and also a detailed report from accountant in preparing my tax for year 2011-2012.

I don't understand why the BHC waited till 60 working days to just ask the letter from my associate dentist ( technically he who owns the business ) that am still working for him and that my wages are more than £18,600. Everything is crystal clear but they r still demanding a new letter.

Now am not sure how long they are going to take in processing, they told my wife that we have 7 working days in submitting the letter which I did courier directly to chennai BHC today. Hopefully it reaches to chennai by this Friday

@batley khan
Thank you I'm just trying to speed up the process by getting my mp involved. Not sure what the embassy has in mind will probably call up after the 10th. The bhc had said they will call or send my husband an email not sure what they mean by this are they considering?

[quote="drwho"][quote="William1234"]Hi,

I was hoping somebody could help me. My wife applied for a settlement visa on 12/10/12.

The VFS website shows the status as "Your visa application has been forwarded to the British High Commision".

Does this mean that the visa is under process? I have emailed VFS and they send a standard reply without answering the question.

Any help would be appreciated.

Thanks[/quote]

that's strange. I thought that the message should be that the visa application is under process at the BHC

My wife applied at Delhi on 17/10/2012 .The initial message was same as yours but in a day or two it changed to ' your visa application is under process' message.[/quote]

should i be worried?? 15th january will be 60 working days???

I havent heard anything about our application either. Where did u apply?

i applied at the Kolkata VFS office

Have you tried calling VFS to explain your situation? My guess is that their online system has not been updated ..

William1234 wrote:i applied at the Kolkata VFS office

@srik...I have emailed them but they keep sending a standard reply about processing times!!!!

Does anybody have a number for them??

(022) 67866000 is the contact number (Monday - Friday from 08:00 am to 5:00 pm India time)

William1234 wrote:@srik...I have emailed them but they keep sending a standard reply about processing times!!!! ��

Does anybody have a number for them??

My wife is planning to apply for settlement visa from Chennai this Friday.

Her Bachelors degree is recognized on the UKBA Points Calculator as meeting the English Language Requirement.

The UKBA website guidance for Partners (Para 4.3) says that the calculator contains information from NARIC UK as to which academic qualifications they deem to have been taught to the standard of a Bachelors or Masters or PhD in the UK. and caseworkers may find this helpful in deciding whether a qualification meets the criteria for English Language requirement.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

It also goes on to say if the degree cannot be found on the points calculator a NARIC certificate will be required.

Is this sufficient or do we still need a NARIC certificate confirming the degree was taught in English? Please advice friends.

srik_1983 wrote:(022) 67866000 is the contact number (Monday - Friday from 08:00 am to 5:00 pm India time)

William1234 wrote:@srik...I have emailed them but they keep sending a standard reply about processing times!!!! ��

Does anybody have a number for them??

Hoping for positive news have been waiting for 9 months now

Does anybody know if BHC in Delhi can be contacted by phone with regards to Settlement Visa applications? and if so what is their number?

I just need to know if my wife's application is under process as VFS are unable to tell me anything!!!

The BHC website says the number is (91) (11) 2419 2100 ... Did you try this number?

William1234 wrote:Does anybody know if BHC in Delhi can be contacted by phone with regards to Settlement Visa applications? and if so what is their number?

I just need to know if my wife's application is under process as VFS are unable to tell me anything!!!

Found the same number after looking it up. Thanks Srik.

Will try and email first and then call them next week, if they take my call.

Not sure how the BHC is in Delhi but reading this forum it seems that they are not that friendly!!!! Mumbai BHC seems a lot better.

For all those who have appealed their visa decisions:

How long has/is your appeal taken/taking?

The UKBA website states the following:

You appeal will be accepted when the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) receives your payment. The FTTIAC will then notify the visa office that refused your application, by sending them a notice of receipt.

An entry clearance manager (ECM) at the visa office will review our decision to refuse your application, in light of your appeal form and any supporting documents that you have sent. If the ECM is satisfied that your application meets the Immigration Rules, they may overturn our original decision and issue you with a visa or entry clearance.

If the ECM does not overturn the decision, an entry clearance officer (ECO) will write a statement explaining why the ECM has upheld the decision to refuse your application. We will send this and all your papers (known as 'the appeal bundle') to the FTTIAC. We will prepare and send your appeal bundle within:

20 working days for non-settlement and family visitor cases; or
90 working days for settlement cases.

These timings exclude postage times to and from the visa office.

The FTTIAC will:

list your appeal for hearing;
send copies of all the relevant papers (including the ECO's written statement) and supporting documents to us and to your representative or sponsor; and
advise you of the date and time of your hearing. We have no control over when your appeal will be heard.

An immigration judge will hear your appeal in the UK. When considering your appeal, the judge will look at all the evidence provided by your representative and by the ECO. He or she will determine your appeal on the individual details of your case in line with the Immigration Rules.

The judge will inform the FTTIAC of his or her decision no more than 10 days after the hearing. The FTTIAC will then send that decision (known as a 'determination') to everyone involved.
If your appeal is successful

If the judge allows your appeal, his or her determination will be sent to the relevant visa section, which will in turn contact you.

It can take up to 4 weeks for determinations to reach the relevant visa section, and a further 8 weeks for them to be processed. The visa section will write to you using the contact details provided on your appeal form.

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Other sources and solicitors tell us the appeal will take 3 months. I need to know realistically how long the process has taken so I can be prepared mentally.


Thank you.

You are welcome william. Yes, Mumbai BHC are a helpful lot.

William1234 wrote:Found the same number after looking it up. Thanks Srik.

Will try and email first and then call them next week, if i they take my call.

Not sure how the BHC is in Delhi but reading this forum it seems that they are not that friendly!!!! Mumbai BHC seems a lot better.

I have heard of only one case where it took approx. 5 months from start to finish.

I think they want ppl to submit a fresh application.

su411 wrote:For all those who have appealed their visa decisions:

How long has/is your appeal taken/taking?

The UKBA website states the following:

You appeal will be accepted when the First-tier Tribunal (Immigration and Asylum Chamber) (FTTIAC) receives your payment. The FTTIAC will then notify the visa office that refused your application, by sending them a notice of receipt.

An entry clearance manager (ECM) at the visa office will review our decision to refuse your application, in light of your appeal form and any supporting documents that you have sent. If the ECM is satisfied that your application meets the Immigration Rules, they may overturn our original decision and issue you with a visa or entry clearance.

If the ECM does not overturn the decision, an entry clearance officer (ECO) will write a statement explaining why the ECM has upheld the decision to refuse your application. We will send this and all your papers (known as 'the appeal bundle') to the FTTIAC. We will prepare and send your appeal bundle within:

20 working days for non-settlement and family visitor cases; or
90 working days for settlement cases.

These timings exclude postage times to and from the visa office.

The FTTIAC will:

list your appeal for hearing;
send copies of all the relevant papers (including the ECO's written statement) and supporting documents to us and to your representative or sponsor; and
advise you of the date and time of your hearing. We have no control over when your appeal will be heard.

An immigration judge will hear your appeal in the UK. When considering your appeal, the judge will look at all the evidence provided by your representative and by the ECO. He or she will determine your appeal on the individual details of your case in line with the Immigration Rules.

The judge will inform the FTTIAC of his or her decision no more than 10 days after the hearing. The FTTIAC will then send that decision (known as a 'determination') to everyone involved.
If your appeal is successful

If the judge allows your appeal, his or her determination will be sent to the relevant visa section, which will in turn contact you.

It can take up to 4 weeks for determinations to reach the relevant visa section, and a further 8 weeks for them to be processed. The visa section will write to you using the contact details provided on your appeal form.

-------------------------------------------------------------------------------------

Other sources and solicitors tell us the appeal will take 3 months. I need to know realistically how long the process has taken so I can be prepared mentally.


Thank you.

if rejected is it better to appeal or put in a fresh application? is it allowed to put in a fresh application?