Spouse/Settlement applications - BHC India

I think it is "Entry Clearance Officers"......

sum-img wrote:Cheers, what is ECO?

Entry Clearence Officer/ Case officer

Cheers bud, please keep me updated when you speak to them next week or anything happens in your case..... I think we are the only two individuals who are waiting for Entry Clearnance decisions. Nobody else got this problem....

Do you know anyone apart from us guys who has applied at BHC NEW DELHI around our timelines... I know we both feel stuck as not getting much information.

Hi, On friday I emailed BHC describing my situation. They emailed this morning saying that "the UK settlement visa will take 12 weeks." I dont know what is going on. VFS is saying something and BHC is saying totally different.

sum-img wrote:Hi, On friday I emailed BHC describing my situation. They emailed this morning saying that "the UK settlement visa will take 12 weeks." I dont know what is going on. VFS is saying something and BHC is saying totally different.

I know shame on BHC, I don't think they understand 'Importance of time so called there 12 weeks in a newly married couple's Life...

As I quoted in my earlier posts they are busy dealing with more visitor visa's cases as they make more money out of it... Looks like its a number's game.. why would a settlement case take 3 months. I was informed by VFS DELHI at the time of my application than they have recieved only 2 settlement cases in past 24 days...

Hope BHC understands that standards are not improved by raising timescales from 4 weeks to now 12 weeks but employing more staff to work.

Quite right mate, I dont know what to do... It is shame on British High Commission. The only thing we can do is wait, nothing.. do update me after you speak them this week as they told you to wait for a week....

Lets see what happens this week....

I dont know what is going on..... My wife today rang BHC on the numbers you gave me.. they said now the waiting time has gone up to 21 weeks....instead of 12 weeks....

Have you got any news from your end.... Did you ring them this week? Please let me know....

Mate, good news... On the website, the status has been changed to "Medical Envelope in Transit"......

It seems it is a call for Medical.... Thank GOD....

is there any phone call from vfs office
and when she will go to medical checkup


today i collect my medical form and tomorrow i will go to medical checup

You from which city? Not yet, hopefully she will get the call soon, as the status has been changed today.. it will take one or two days....

Where is the medical going to be held????

sum-img wrote:Mate, good news... On the website, the status has been changed to "Medical Envelope in Transit"......

It seems it is a call for Medical.... Thank GOD....

Congratulations Bro! Excellent... Finally you got it.... Hope as mine is on the same date I might hear good news soon.. Keep me updated with any progress..

Best of luck to you both

Cheers

cheers Navbulls, keep in touch mate....

i applied my form in chennai
in the medical form they provide some hospital addrres and there you will taken ur medical test

Best of luck to you both.. 'My Best wishes n Prayers are with you guys'...

Pls do update this post with medical process n time it takes for u to recieve your visa's

Cheers

Nav

Hi Members,

Have anybody recieved their medicals recently from BHC New Delhi..
Guys share your experences and timescales....

Cheers

yeah ECO: entry clearance officer. he or she is the one who refused my settelment visa one year ago after 2 weeks from applying, so if it took more than 2 weeks that means it would be granted hopefully but might take long time. i had to appeal against the decision and i won the case after 10 months, and till now haven't got the visa yet!!!!!!!!!! although i won the case but i understood i have to wait few months before they issue the visa.
so you will get the visa hopefully but you have to be patient.

NAVBULLS - Mate my wife picked the envelope day before yesterday and booked the appointment with the doctor in delhi.. They dont provide medical facility in chandigarh... Going for medical tommorrow.. if everything goes well then another 10-12 days.. They actually returned all my original paperwork as well.. only kept her passport, nothing else.

What about yours? have you got your medical thing....

Guys today I got my passport back "VISA REFUSED".... Im devastated

It just feels like BHC delhi just wanted to refuse... Entry clearence office has overlooked everything... With all supporting documents and trust me no errors they have refused me...

We just got married and were waiting for visa process to end!!! Now I have to appeal

Vinny, batley khan, chess all moderaters n members pls Help!

Nobody can help you if you dont give reasons as stated on refusal notice

Really feeling for you mate!!!!

But like BatleyKhan says post up the refusal and everyone can help you out, remember you've got 28 days to send this to the right place !!!!!!!So get your skates on and put up the refusal ASAP!!!!!!!

Guys Thanks for your response:

The Entry Clearence Officers reason for refusal:-

I am satisfied that you meet requirements of paragraph 281 of the immigration rules, except for the following:

You propose to reside in rented property, which is currently being shared by your sponser’s friend. Third party support can only be relied upon for a short while. You have not shown how long you intend to stay at this address and when you expect to move into accommodation occupied exclusively by yourselves. The tenancy you have shown is valid until September of this year only. There is no indication it will be renewed. You have also not shown that your sponsor is actively making rental payments and has done so in past successfully without any arrears. Without this, I am not satisfied that the accommodation is secure, or that you can live in accommodation without using public funds (Paragraph 281.vi of HC 395)

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 purposes of the article 8(1), as you can continue to enjoy that in India.

I therefore refuse your application.


Now I’ll like to throw some light at the application:

First what we submitted in respect to accommodation:

•Assured Shorthold Tenancy agreement
The agreement is valid for six months from 16/03/09 and clearly states that It can be ‘renewed after current term ends’

•Property Report from the letting agency
Clearly showing that there is a adequate accommodation and the larger Room is with my wife and is in accordance with 324 of the housing act 1985.

•Letter from letting agent
Confirming the above and also stating the landlord consent and stating Its fully furnished accommodation.

•Rent Receipts
Again from letting agents confirming the rent paid and deposit all in my Wife’s name.

•No Objection Letter from housemate.

Further our financial standing: All proofs submitted

My wife works in the legal sector, Hence full time employed earning minimum £1250 after tax….

Wife’s account savings £9000, My savings £4500

Now What I Have to Say Pls Read:

From 1st of july 2009 my wife moved into another flat which is just exclusively in her name… as we were expecting our visa soon this month. So we already have exclusive accommodation to live in.

Even the earlier flat had two bedrooms and the bigger room was exclusively for me and my wife.

Secondly, ECO has mentioned third party support… regarding this we have sufficient funds i.e. £13500 and full time employment.. Still he thinks we would be using public funds!

Regarding Human Rights: ECO says ‘refusing this application will not interfere with family life’ …. Ask us we be awake all night… Everyday I sleep 5:30 am IST as my wife is alone there, chatting on internet giving her company. They talk about Family life, what worse can you do to a newly wed couple who are about to start a family…


Guys I have done all and said all and now I need your help as what more I can do?


Nav

Nav,sorry to hear about the refusal mate.Hopefully its not a big problem.

Open the link below and read it carefully - it relates to the HO instructions to ECO about certain things in spouse applications- here is the accomadation bit

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Read section 3.2 about " reasonable prospect"and tell me what you think. What are your chances of getting this?. is it possible?

batleykhan wrote:
Read section 3.2 about " reasonable prospect"and tell me what you think. What are your chances of getting this?. is it possible?

Thankyou for reverting back,

As per your advice I have read the above guidelines and would like you to further explain 'chances of getting this?' as we already have accomodation..

From 1st of july 2009 my wife moved into another flat which is just exclusively in her name with one year contract and further renewable… as we were expecting our visa soon this month. So we already have exclusive accommodation to live in.

Secondly, She is fulltime permanent employee and earns £1250 per month with savings of £9000. The rent for the flat is £400 pcm..

Its very clear that ECO has not followed the guidelines in our case and the rejection reason's for Exclusive accomodation, Recourse to public funds, third party support are just mere baseless allegations to refuse.

With the information that you now have I would like to request for your advice on what to do next..

Im really confused as what we can do now to sort things out.. Pls guide us Bro!

Regards

Nav

Can you tell me why your wife moved out of the flat halfway through her tennancy agreement?

As part of your application, did you provide documentary evidence on your wifes old flat or the new one that she moved in to in July?

Are these flat individual flats or are they in a block building

The ECO says

You propose to reside in rented property, which is currently being shared by your sponser’s friend.

is this true?, if so who are these friends of your sponsor?

What documentarty evidence have you provided for this comment of ECO

You have also not shown that your sponsor is actively making rental payments and has done so in past successfully without any arrears

Let me have your response. and I will advise further.

Also send the refusal notice and AIT form given to you to your wife in UK asap, as she will need to complete it and send it off within 28 days.