Spouse/Settlement applications - BHC India

[Prem]

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!!!!!!!

[navbulls]

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

[batleykhan]

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?

[navbulls]

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

[batleykhan]

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.

[navbulls]

Hi Batleykhan,
Can you please PM me your email Id as I want to forward all the relevent details pertaining my case...

Regards

Nav

[batleykhan]

What has happened is that whilst you accept you meet the requirements for the accomadation, but you cant blame ECO if you have not made him aware that since the application was submitted, your wife has her own flat now and she is no longer sharing with her friend.

He only made decision on what docs you provided.

You need to send the new info and hope the BHC changes their mind and now accept that the accpmadadtion you have meets the requirements

hope this helps

[navbulls]

Dear Batleykhan,

Thank you so much for your guidance...

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.

Now as we already had exclusive accomodation well before the refusal... Hope the decesion be overturned...

I'll be in constant touch and appreciate you for all you have done to guide this forum and us in the right direction.

Regards

Nav

[batleykhan]

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.

I think you have misunderstood my point on this view.

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.

[navbulls]

Thankyou, now I fully understand what you meant..

Regards

[dsds]

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

navbulls
i am very sorry, could you tell me total processing time about your application ,
when you subbmited your appliction and received refusal Letter from ECO?

[dsds]

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.

I think you have misunderstood my point on this view.

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.

Dear ,

I applied dependent visa on 2006 in India at British high commission the time ECO issued dependent visa it is valued up to Apr 2009.

In OCT 2007 I had a UK police caution related some domestic assault. I return back to India APR2009[end date of my visa].now my UK immigration status is nothing in UK,

My wife and my baby they got ILR now they are in UK, now I am planning to join with my wife and my baby.

if I am applying spouse settlement visa for entry clearance at British Deputy High Commission India , this police caution will affect my visa application?.


i sent emil to Public Enquiries , Visa Customer Services they repled me like this :
Thank you for this enquiry.

It is unlikely that this police caution will be unduly prejudicial to your application.
kindly advise me,

dsds

[jdhuphar]

Hi!

Has anyone applied to 'BHC New Delhi' recently.... please share your timelines & experiences

I applied at Jalandhar VFS office on the 13 April 2010.

Status changed on the 19 April to Visa appliaction under process at BHC

now waiting. Anyone submitt thier application recently and what timelines and experiences have you had.

I'll keep updating when i have further infor too.

Cheers

[Harpz]

Hi Jdhupar,

My husband applied at Jalandhar VFS on 17th March 2010 till date have not heard anything.

We keep checking the VFS status online and it says:

"Visa application is under process at the British High Commission"

I e-mailed VFS at 4 weeks and they replied:

"We request you to wait for a decision on your visa application. The processing time is up to 12 weeks, although it cannot be used as a guarantee of your individual visa application processing time. Visa applications are assessed individually and processing times may vary."

I was expecting that as it had been only 4 weeks, it will be 8 weeks in a few days.

I also phoned the BHC and it is always engaged. No joke constantly engaged.

The waiting is horrible and praying that they issue the visa.

Fingers crossed.

[jdhuphar]

Hi Harpz

I see that they are bringing out the 'wait 12 weeks line'. I don't know what they are checking that will take them more than a month to find out.

I have heard that they give settlement visa the least priority. BHC is always engaged i can believe that 100%. but even if you get through they will say that it's with an ECO.

I'll keep you updated if i hear anything from my end.

[Harpz]

I know, I did think that myself about the length of time they need to check one application, i mean 12 weeks is a long time to be away from your partner and what makes it worse is that it could be longer.

I will also keep you posted on any changes to my application.

[jdhuphar]

Just heard that they have not updated the visa processing time guide on the ukba website due to reporting restrictions in the UK because of the election.

maybe thats why they are taking so long in making the decisions at the BHC. ie keeping the figures in check.

[Harpz]

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.

[meetgrp1]

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.

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.
visqry.newdelhi@fco.gov.uk

[Harpz]

Hi

Thanks for the e-mail address, I did e-mail them this morning and I received an automated e-mail stating the usual, 12 weeks processing etc etc.

I have noticed that pakistan process their applications way faster than india, i know people too who have heard round about this mark too, 8 to 10 weeks.

Fingers Crossed.

[jdhuphar]

Hi

Thanks for the e-mail address, I did e-mail them this morning and I received an automated e-mail stating the usual, 12 weeks processing etc etc.

I have noticed that pakistan process their applications way faster than india, i know people too who have heard round about this mark too, 8 to 10 weeks.

Fingers Crossed.

Hopefully you should hear soon as the processing time of 12 weeks is the total time to issue the visa and from the medical it takes about 2 weeks. so generally speaking if you get the medical envelope by next week and medical is ok. you will get the visa at the VFS office after 10-12 days.

[Harpz]

Our case is not so straight forward so thats why I am even more worried.

Hubby overstayed by 4 years. That is the only thing bothering me, we applied via top immigration solcitior who put our case together.

My solicitior said they will contact us between 8 to 10 weeks.

How about you? your case straight forward? did you put your documents together yourself?

[jdhuphar]

We'll I hope its straight forward. I am divorced and have custody of my daughter from my first marriage. My ex wife was also from India and we separated just after she got her indefinite leave, so I hope that doesn't cause a problem. but other than that it's pretty simple.

my daughters birthday is next month so was hoping she would arrive before then but doesn't seem likely now.

[Harpz]

So do I hope our case is straight forward, everything else is fine apart from the overstay part.

Well, your's don't seem so bad, I wish you luck with your application and I was also hoped hubby would be here this month 4 my bday but that seems quite hard to imagine.

[Harpz]

I e-mailed BHC last week and I received another e-mail stating that they can not give me any information regarding the visa application as I am third party.....
I thought I could because I am the sponsor but I guess not.....

I was kinda shocked so I got my hubby to e-mail instead.

Going to be 10 weeks next week