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Thankyou for reverting back,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?
is this true?, if so who are these friends of your sponsor?You propose to reside in rented property, which is currently being shared by your sponserâ€™s friend.
Let me have your response. and I will advise further.You have also not shown that your sponsor is actively making rental payments and has done so in past successfully without any arrears
I think you have misunderstood my point on this view.My wife was not aware that you can only share accomodation with family members and no friends or house mates are allowed... Even a immigration solicitor didn't inform us about it as my wife got all paperwork checked from them before submitting.
navbullsnavbulls wrote: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 sponserâ€™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 Iâ€™ll like to throw some light at the application:
First what we submitted in respect to accommodation:
â€¢Assured Shorthold Tenancy agreement
The agreement is valid for six months from 16/03/09 and clearly states that It can be â€˜renewed after current term endsâ€™
â€¢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.
â€¢Letter from letting agent
Confirming the above and also stating the landlord consent and stating Its fully furnished accommodation.
Again from letting agents confirming the rent paid and deposit all in my Wifeâ€™s name.
â€¢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 Â£1250 after taxâ€¦.
Wifeâ€™s account savings Â£9000, My savings Â£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 nameâ€¦ 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 supportâ€¦ regarding this we have sufficient funds i.e. Â£13500 and full time employment.. Still he thinks we would be using public funds!
Regarding Human Rights: ECO says â€˜refusing this application will not interfere with family lifeâ€™ â€¦. Ask us we be awake all nightâ€¦ 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 familyâ€¦
Guys I have done all and said all and now I need your help as what more I can do?
batleykhan wrote:I think you have misunderstood my point on this view.My wife was not aware that you can only share accomodation with family members and no friends or house mates are allowed... Even a immigration solicitor didn't inform us about it as my wife got all paperwork checked from them before submitting.
Most form of proof of accomadation supplied by applicants and their sponsor is normally prospective rather than avaialable (unless the sponsor owns his/her property).
However the ECO has to determine (only those whp live with friends and family) what the reasonable prospect of these people getting accomadadtion that will be exclusive to the couple without recourse to public funds.
The prospective of couples getting exclusive accomadadtion is much better with families rather than with friends who are not related. Your own parents/inlaws are more likely to help you morally and financially rather than friends.
This is why it is accepted that most applicant who say they will be living with their family untill such time they can afford, rather than friends, their application for visa suceeds whereas those who say they live with friends it is refused for the reasons I have given above.
Now as far as your application is concerned, I can only think that it is refused for this reason only (becos your wife stated at time of application that she was sharing with her friend), because I think you prospect of getting your own accomadadtion are good in that your wife is working, earning a good wage, she has sufficient funds available to do this without recourse to public funds.
I would conclude that your above quote is not exactly right and it is not what I implied. You can show friends accomadation as per the immigration rules. I am saying that it will most likely be refused than granted for the reasons I have explained.
Hope this helps and clears the matter.
As far as your own matter is concerned I think you need to make teh BHC that your wife now has exclusive accomadation( not now sharing) and that it meets the requirement on which you were refused. This will be done by completing AIT2 form and sending it back to BHC and hope the ECM is now satisfied and grants you visa.
I am sorry if you misunderstood what I said,but hopefully you are now clear about matter.
I been checking on some other country's forum and looks people who applied around 15-18th March are getting some news. So hopefully you will hear soon as well. Here is email you may contact, not 100% sure if they will reply or not.Harpz wrote:I don't think thats the reason, the processing time is up to 12 weeks.
VFS said 4 to 12 weeks when hubby handed in application.
I can't seem to find a e-mail address to contact the BHC visa section.
I e-mailed VFS the other day and they said the same as before "visa application still under process."
Coming to 9 weeks in abit.