Visa for my Wife... - Application submitted on 27 Aug 2012

riversidecreations · Post by **riversidecreations** » Mon Sep 17, 2012 1:07 pm

Hello everyone... Just wanted to update with you guys...

I finally managed to submit the application for my wife's visa at the end of August while I was visiting her... Hopefully, all will be fine as I was following advises from this forum and a lot of people here have been helpful..

All my documents were in place, but I made a slight error in the accommodation section... this maybe even be a horrible error.. All I submitted for accommodation was an Assured Shorthold Tenancy Agreement and a letter from the landlord - on the letter, the landlord mentioned how many people live in the house and how it complies with the accommodation act. I did not get a survey done for over crowding...

Next is rent... I mentioned before that the landlord is in fact my sister - i did not declare this anywhere on the application as it was never asked.. my rent amount is shown in the tenancy agreement; but it is not evident on my bank statements... I pay my rent in many ways including contributing towards housing costs/food etc... and usually I pay the rest of the money weekly or sometimes every two or three weeks... is anyone able to advise if this could be a reason for refusal??

harv · Post by **harv** » Mon Sep 17, 2012 2:07 pm

You should have shown some sort of evidence of rent you were paying such as rent book endtries, receipts from your landlord or anything similar that would atleast show you are paying rent as according tot he tenancy agreement.

However what is done is done, you now just need to relax and do not stress about the application.

Best of luck.

riversidecreations · Post by **riversidecreations** » Mon Sep 17, 2012 4:07 pm

Thanks Harv.

I really didn't have such evidence to provide - my tenancy agreement only states the rent amount... but no methods of payment was mentioned... and I doubt I can get any evidence for cash payments as nothing like this recorded... as I mentioned... the landlord is my sister...

Just have to hope for the best..

riversidecreations · Post by **riversidecreations** » Mon Oct 01, 2012 5:43 pm

I've just noticed...

The email confirming that my wife's visa is being processed at the british high commission has my wife's name incorrectly spelt....

could this cause issues later on? I may be a lil paranoid about this... but this whole waiting thing is just getting me a lot more stressed than I was before I applied!...

Should I write to VFS?

harv · Post by **harv** » Mon Oct 01, 2012 5:58 pm

I believe the email is sent through VFS systems, so hopefully her name would be fine in the actual application.

I would suggest, you reply to the same email and mention the spelling error in the email. On the same time ask them to double check the details on your application if the spellings are correct there. Once you have an email confirmation you should be fine. On the same time call them up as well and if VFS does not play it correctly, I would suggest you call the BHC directly and mention your concern about the spelling mistake. Hopefully someone will be able to confirm.

Hope this helps.

riversidecreations · Post by **riversidecreations** » Tue Oct 02, 2012 12:30 pm

Thanks Harv

riversidecreations · Post by **riversidecreations** » Tue Nov 06, 2012 3:14 pm

I've received an email from the casework team this morning saying that a decision has been made on the visa application and that the passport will be despatched in the next 2-3 working days.

There has been no updates via their automated emails or on the tracking site.

I hope I haven't infuriated them...

On 18th October, i sent them an email asking whether there could be an instance where an application can be moved forward along the queue. I received a reply almost immediately saying that applications are given preferential treatment only if the applicants can demonstrate an 'exceptional compassionate circumstance'

I replied to them asking whether there was an opportunity for me to be with my wife for Diwali this year. I received a response on the next day saying that I have not shown that there are any exceptional compassionate circumstances in my correspondence.

I replied to them asking what is considered to be an exceptionally compassionate circumstance.

I did not receive a reply until yesterday so I sent them an email asking if they were able to answer that question.

This morning, I received the reply saying that a decision has been made. Baffled, frightened and restless now

harv · Post by **harv** » Tue Nov 06, 2012 4:44 pm

Do not worry, its maybe that while you were asking some questions they processed your application anyways. May be the case worker loves Diwali as well.

Just be patient as the application is processed on its merits, as long as things were in order you should be fine. Just keep valm and collect the passport when available, the decision will not be enclosed by anyone as no one is allowed to check accept the applicant.

riversidecreations · Post by **riversidecreations** » Wed Nov 07, 2012 11:44 am

Thanks Harv....

I guess its another countdown again... but this time, not sure how long I should be waiting. The status on the tracking site is still showing 'under process'

riversidecreations · Post by **riversidecreations** » Thu Nov 08, 2012 6:54 pm

My wife is going to collect her passport tomorrow morning...

riversidecreations · Post by **riversidecreations** » Fri Nov 09, 2012 7:06 am

The application was refused!

ECO's stated the following:

your sponsor has been requested to give a written undertaking to be responsible for your maintenance and accomodation under paragraph 35 but has not done so....

I didn't know that this was a requirement.. but for the application to be refused for this is just ridiculous. For the amount of money I paid, they refuse for something so minor?

On eligibility - they mentioned that the letter from the employer states my annual salary, but the letter does not state that this figure represents the sponsor's gross annual salary...? - Is this soo major that it leads to refusal??

I seriously feel that these guys are just trying to swallow money!

harv · Post by **harv** » Fri Nov 09, 2012 9:50 am

This is complete ignorance!

I would suggest you quickly send a letter to the ECM where the application was refused (BHC) explaining that all the required documents were provided. Mention the following for sure to cover the refusal points:

- Sponsorship undertaking - This is no longer required, attach a print out of all the required documents mentioned on the UKBA website (http://www.ukba.homeoffice.gov.uk/visas ... documents/)

- Gross Salary - Mention that the employer letter mentions your annual salary. All salaries are considered to be gross when mentioned in annual terms. Even if it is considered as Net (after tax), your gross salary becomes even higher. So no point in refusing on this basis.

I would suggest that you send a copy of your letter to your MP saying that this is complete joke by the ECO and considering these points to refuse is ignorance.

Post by **geriatrix** » Fri Nov 09, 2012 10:18 am

An undertaking can be exceptionally requested, but if you had not received any such request explicitly after the application was submitted then the ECO cannot refuse under immigration rule 35.

Follow harv's suggestion - write to the ECM without delay. If you do not receive a response in time, appeal within the stipulated time frame.

riversidecreations · Post by **riversidecreations** » Fri Nov 09, 2012 11:38 am

Thank you guys.

I sent an email to chennai.visaenquiry at the same time I wrote here - who replied almost immediately saying that the email has been forwarded to the ECM who will respond within 20 working days.

There was no undertaking requested and at the time of submission, it was not requested either. I have already got my HR office to re write the later stating the 'GROSS' annual salary.

I'm wondering what they mean by saying that the decision is made on the balance of probabilities.

I feel like I'm a victim.. and its really painful for us both with Diwali just around the corner. We didn't get to be together for our first diwali which is a huge celebration after a wedding.. they really have no heart

riversidecreations · Post by **riversidecreations** » Fri Nov 09, 2012 11:39 am

my gross annual salary is over 26,000pa

and my employer stated the same on the original letter..

riversidecreations · Post by **riversidecreations** » Mon Nov 12, 2012 3:11 pm

Has anyone been through this route? I.e. ECM overturning a decision made by the ECO?

My argument is that the ECO did not look at all the documents I have submitted and it was ridiculous to say that my annual salary isn't my gross annual salary even though it exceeds the current financial requirement!

riversidecreations · Post by **riversidecreations** » Thu Nov 15, 2012 4:59 pm

OK... here is the current situation.

I've sent the appeal form and a couple of supporting letters i.e. explaining about the UKBA guidance and how it seems useless if the ECO's rejection is justified...

On the appeal guidance, it states that the appeal must be received by the first-tier tribunal not later than 28 days.. i.e. 20 working days. I called their number shortly after sending a fax and they said that they can't take any calls from people who has sent their appeal after 11th October.

Following this, I sent them an email and they will respond to emails within 10 working days... So I have no ways to find out whether the fax was delivered in good condition.. and we can't post after sending the fax..

Are there anyone from UK here in this forum who has gone through an appeal process??

harv · Post by **harv** » Thu Nov 15, 2012 5:25 pm

didn't you have your partner here in the UK? You should have posted your appeals paper on a special delivery.

Fax is not reliable...

riversidecreations · Post by **riversidecreations** » Thu Nov 15, 2012 8:31 pm

I am the sponsor.

My wife is the applicant and we were advised to lodge the appeal in UK. I should have thought about faxing, but thought I could always call to confirm that the fax is received in good condition - which we cannot do. Now, I can't post it because we have faxed it already, the guidance states that we should send it only by fax OR post to avoid delays.

So I was wondering if anyone else here have been through this process.

kumar2012 · Post by **kumar2012** » Wed Dec 05, 2012 12:11 pm

Hi riversidecreations, have you received any reply from the ECM for your e-mail? They said they will reply within 20 days? I am in the same situation as you are. I have appealed and I am thinking about putting a new application as well.

kumar2012 · Post by **kumar2012** » Wed Dec 05, 2012 12:12 pm

oh and any confirmation from AIT?

riversidecreations · Post by **riversidecreations** » Wed Dec 05, 2012 2:13 pm

I haven't had any response from the ECM - i have also sent the appeal and I haven't had confirmation that it has been received.

Doesn't look like an easy process

kumar2012 · Post by **kumar2012** » Fri Dec 07, 2012 9:25 am

Hi Sujan,

I have been typing up the answers into the application form using Adobe Reader. Just to make sure I can e mail and make corrections with wife.

Can we submit, typed, printed and signed application forms to UKBA?

riversidecreations · Post by **riversidecreations** » Fri Dec 07, 2012 10:21 am

are you talking about the appeal form?

I typed up my form on adobe as well..

kumar2012 · Post by **kumar2012** » Fri Dec 07, 2012 10:55 am

I did the online form for the appeal.

I am talking about the VAF4a and appendix 2 for a new application. I cant stand this waiting with the appeals... (6 to 10 months)!!! I appealed just in case I got refused again!

What do you think Sujan.

Thanks.

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Visa for my Wife... - Application submitted on 27 Aug 2012

Visa for my Wife... - Application submitted on 27 Aug 2012

ECM overturning decisions