Confused State - Settlement or Leave to Remain-Pls help

[parsun]

Hi,

I had incorrectly posted this query in ILR section and hence am posting it in the right section now.

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I received my ILR in Dec-12 after (WP in 06-08,Tier 1 General 08-12). I am self employed and am currently working in my client's offshore office in India till July'13.

My Spouse and 1st Child:

- Granted EC and entered UK in Jul-06 as Work Permit(Dependent)
- FLR granted in Mar-08 as WP (Dependent)
- Returned to India in a month and since I had got Tier 1 then, got EC as Tier 1 (General) Dependent in May-08
- Came back to UK in Jun-08 and stayed with me till Mar-10
-Returned to India in Mar'10 and remain there till now

Their last visa(Tier 1 general dependent) expired in May-11 and currently they do not have a visa to enter UK.

Although I thought I can apply now from Chennai,India for their Settlement visa, I am afraid if this is correct considering that they do not have a valid visa now. Could you please advise?

2nd Child:

My second son is now 1 year old and he was born in India and this would be the 1st time I will be applying for his visa.

Could you please suggest which visa category should I apply for him, from Chennai,India?


I seek your expert guidance and appreciate your support, for the following queries.

I have been spending most of my time in the last 3 years shuttling to my clients offshore offices.I am paid in the UK but my absences are high owing to the nature of my work. Is there a chance that this may have any effect on my dependent's application?

Thanks,
Parsun.[/b]

[CR001]

Your dependents need to apply for settlement visa - VAF4A and they will fall under the new rules and they will qualify for ILR after 5 years. You will need to meet the financial requirement for spouse + 2 children.

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

[parsun]

Thanks mate

Your dependents need to apply for settlement visa - VAF4A and they will fall under the new rules and they will qualify for ILR after 5 years. You will need to meet the financial requirement for spouse + 2 children.

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

[parsun]

Dear Friends,

My wife and children had applied in Chennai office for ILR dependent at August end and have received a letter of refusal today.

There have been 3 reasons cited for refusal.

1. FM requirements - Although it is yet to be considered pending a court judgement, they have cited absence of my limited company's CT600, Annual Accounts, Registration certificate and Corposrate Bank statements. (Along with ILR application, My wife had produced her savings bank statement for 10,000 GBP along with my 12 months payslip, personal bank statements and dividend vouchers which exceed 28,000 GBP of yearly income)

2. They have also stated that the tenancy agreement I had sent does not contain the capacity of the property occupied and hence they are not satisfied if adequate accommodation is available. (It is the same property I had used to get my ILR in Dec'12 and this one submitted for my wife specifically states the addition of my wife and 2 children and the number of bedrooms that we would occupy in the premises)

3. My Wife is a B.E. degree graduate from an university that is listed under the database of UKBA used in PBS calculator. However, the refusal letter states that "You have not produced no evidence that you hold an academic qualification recognised by NARIC UK to be the equivalent to the standard of a Bachelor's or Masters' degree of Ph.D in the UK, which was taught in English." My wife had enclosed a copy of her degree certificate (which is in English and does not need translation) along with the ILR application.

Points 1 & 2 have been stated for grounds of refusal in my sons' applications.

Can I request you to please consider the case above and advise if there is a chance, that we might appeal and have the decision reversed?

The timelines mentioned for appeal and the subsequent visa grant looks to take more than 25 weeks. Does it really take that long?

Regards,
Parsun.

Your dependents need to apply for settlement visa - VAF4A and they will fall under the new rules and they will qualify for ILR after 5 years. You will need to meet the financial requirement for spouse + 2 children.

http://www.ukba.homeoffice.gov.uk/visas ... utside-uk/

[rivercam]

Hi

Sorry to hear about your rejection. I don't know much about point 1, some experienced members might help you but here is my advice for 2 and 3.

2. Tenancy Agreement: You need to include a Letter from Landlord/Letting agent confirming how many bedrooms and reception rooms in the property, if possible include a copy of inventory list. Unless your tenancy agreement specifically says how many rooms are in the property you need to include this information in a letter. As you mentioned they have written no objection for your family to join, ask them to add the no of rooms as well. please check MAA12 overcrowding in the link below.
http://www.ukba.homeoffice.gov.uk/polic ... points.

[rivercam]

Hi

Sorry to hear about your rejection. I don't know much about point 1, some experienced members might help you but here is my advice for 2 and 3.

2. Tenancy Agreement: You need to include a Letter from Landlord/Letting agent confirming how many bedrooms and reception rooms in the property, if possible include a copy of inventory list. Unless your tenancy agreement specifically says how many rooms are in the property you need to include this information in a letter. As you mentioned they have written no objection for your family to join, ask them to add the no of rooms as well. please check MAA12 overcrowding in the link below.
http://www.ukba.homeoffice.gov.uk/polic ... points.

[rivercam]

hi
i am trying to post reply, for some reason its not coming through .I will try again from home tonight.

[rivercam]

Hi

Sorry to hear about your rejection. I don't know much about point 1, some experienced members might help you but here is my advice for 2 and 3.

2. Tenancy Agreement: You need to include a Letter from Landlord/Letting agent confirming how many bedrooms and reception rooms in the property, if possible include a copy of inventory list. Unless your tenancy agreement specifically says how many rooms are in the property you need to include this information in a letter. As you mentioned they have written no objection for your family to join, ask them to add the no of rooms as well. please check MAA12 overcrowding in the link below.
[url]http://www.ukba.homeoffice.gov.uk/polic ... e/ecg/maa/

3. English Language: Your wife need to submit original degree certificate not copy. If you don't want to take risk get UK NARIC Statement of comparability and English language assessment, for me it's not required if your degree is in point based calculator and gives you 10 points. [/url]