urgent help plz

nosah · Post by **nosah** » Fri Apr 06, 2012 9:59 am

Hi everyone

please i need your help, my husband is under student visa in india as he is studying over there ( he is arabic) and the british embassy in our country is closed for almost 2 yeards now, and therefore we booked an appointement to submit spouse visa in india, but then one friend asked me how can he applies for a spouse visa while he is studying in india, could somebody advice me if he can or not? we are really struggling because he can't left his eduction and go to stay in Egypt or Jordan for 3 months.

Please need answer as soon as possible, or you have an email address or a website whereby i can contact the embassy or anyone else who are in charge of spouse visa.

Thanks

Post by **Lucapooka** » Fri Apr 06, 2012 11:10 am

If he has a residence permit to live in India (generally any type of visa other than a visit visa) he will be permitted to apply for a UK settlement visa from there.

http://www.bia.homeoffice.gov.uk/policy ... /ecb/ecb5/

nosah · Post by **nosah** » Fri Apr 06, 2012 11:16 am

thanks alot my brother, but do you also have a contact number or email therefore i can contact UKBA to double check

Post by **Lucapooka** » Fri Apr 06, 2012 11:17 am

nosah · Post by **nosah** » Fri Apr 06, 2012 11:26 am

ok thanks i will print it out and include it with the documents

nosah · Post by **nosah** » Tue May 15, 2012 4:56 pm

my brother i am so sad today my husband went to his appointment and vfs in hyderabad refused to let him submit the application they said you are under student visa you cannot do it, they let him wait for 4 hours and then they told him that, what can we do? the birtish embassy in his country is closed and to go to another country means that he should leave his eduction for 3 months, please help me i am crying since the morning

Post by **Lucapooka** » Tue May 15, 2012 5:02 pm

He has been given the wrong information. If he has a current valid student visa for India he can apply for a UK visa from India. Refer the functionary at the visa application centre to the UKBA guidance in this link and to paragraph 28 of the rules. If he is still denied access then make a complaint.

http://www.bia.homeoffice.gov.uk/policy ... /ecb/ecb5/

nosah · Post by **nosah** » Tue May 15, 2012 5:06 pm

he showed them this paper they said no, and they were very bad the girls in the office keep laughting even he said to them is there is something wrong and the leave him for 4 hours waiting his appointment was at 10:20 and he left there 14:00 when they close the office can you imagine. Please can you advice me what to do? i have wrote to channia office and vfs

Post by **Lucapooka** » Tue May 15, 2012 5:08 pm

Complain. VFS is an intermediary; not the UKBA, but they sometimes act as though they are. You have to understand that in India, like most third world countries, this sort of nonsense is common from any minor low-paid functionary with a job that has moderate power over the lives of others. Ignore VFS and send an email of complaint to the British High Commission.

nosah · Post by **nosah** » Tue May 15, 2012 5:21 pm

can you give me the email for the birtish commission please

Post by **Lucapooka** » Tue May 15, 2012 5:34 pm

If you wish to complain about the service you have received from the UK's Visa Services in India, please address your complaint to the Operations Manager and send your e-mail to the following depending on your area of application:
Northern India, Eastern India and Nepal: visqry.newdelhi@fco.gov.uk
Southern India, Sri Lanka: chennai.visaenquiry@fco.gov.uk
Western India: mumbai.visaenquiries@fco.gov.uk

Alternatively, you may submit your complaint in writing to one of the following addresses:
UK Border Agency Chennai, British Deputy High Commission, 20 Anderson Road, Chennai 600 006
UK Border Agency New Delhi, British High Commission, Shantipath, Chanakyapuri, New Delhi 110 021
UK Border Agency Mumbai, British Deputy High Commission, Naman Chambers, C32 G Block, Bandra Kurla Complex, Bandra East Mumbai 51

nosah · Post by **nosah** » Tue May 15, 2012 5:37 pm

thanks alot my brother i will write to them now

Post by **Lucapooka** » Tue May 15, 2012 5:51 pm

It would help if you could incorporate the various points in this discussion (and the guidance in the link) into your email.

nosah · Post by **nosah** » Tue May 15, 2012 5:56 pm

you know they told him they contacted the office in chennia and they are the one who refused

nosah · Post by **nosah** » Tue May 15, 2012 5:57 pm

i include the link and i explained what happened there

Post by **Lucapooka** » Tue May 15, 2012 7:04 pm

I've just noticed that you have another thread on this same subject. There the argument seems very different. You may have wasted my time by asking for comment on this issue where the full facts are not revealed by you. If your partner was refused because he is a student, that is a wrong decision. If, however, you partner was refused because he is not resident in the relevant region of India that is covered by a particular VAC, then that is a correct decision.

nosah · Post by **nosah** » Tue May 15, 2012 7:14 pm

Sorry for that.
No they refused him because they said he is under student visa but when he were in Mumbai and they transferred him to Hyderabad where he lives the office over there never mentioned that if he is under student visa he can't apply. Any by the way I dont hide anything I told you what was happened and what they actually said.
I didnt get what u mean by particular VAC? Is it because he is not Indian ?

Post by **geriatrix** » Tue May 15, 2012 8:17 pm

ECB05 - Where to apply - the policy wrote:Applications for all other types of entry clearance, including PBS* and settlement (*see tier 5 exception below) should be made in the applicant's country of residence. 'Country of residence' is not necessarily their country of origin and refers to wherever the applicant has permission to reside, for example, for work or study purposes.

What is your husband's nationality?
What visa does he have to reside / study in India?
Since when has he been resident in India on that visa?
When is that visa due to expire?

nosah · Post by **nosah** » Wed May 16, 2012 6:49 am

What is your husband's nationality? Yemeni
What visa does he have to reside / study in India? study
Since when has he been resident in India on that visa? since 2009
When is that visa due to expire? will expired after 5 months but it can be easily extend as he did before

nosah · Post by **nosah** » Wed May 16, 2012 6:53 am

Please note that in order to apply for settlement visa, your husband will have to return back to his home country, if his Indian residence permit is temporary. We will request VFS to provide an explanation regarding your waiting period at the office at the time of lodging the application. Hope this clarifies.

this is what they replied i already told that the embassy in Yemen is closed and in UK Bored Agency they said it's ok to apply under student visa, and i gave them the link

nosah · Post by **nosah** » Wed May 16, 2012 7:05 am

please help us guys what should we do

Thank you for your e-mail.

As mentioned earlier, Settlement application has to be applied for in the home country.

The British Embassy in Sana'a is currently unable to issue visas. Visa applicants from Yemen can lodge their applications at visa application centres run by VFS in Dubai and Abu Dhabi (UAE) and Cairo (Egypt).

Hope this clarifies.

Yours sincerely,

nosah · Post by **nosah** » Wed May 16, 2012 7:51 am

we will go to egypt to do it there they refused to do in india can you imagine?

Anyway, could you please advice me does he need to do the english test again as he did it in india and the certificate from there, are the people in the embassy will asked him to get an english certificate in egypt?

Post by **geriatrix** » Wed May 16, 2012 9:24 am

Before anyone can respond appropriately, you need to clarify who have you received these email replies from? VFS or BHC?

nosah · Post by **nosah** » Wed May 16, 2012 1:22 pm

from

Yours sincerely,

Casework Team
Visa Services
UK Border Agency

Tel (91) 44 42192151
Fax (91) 44 42192320
(91) 44 42192155
Email Chennai.VisaEnquiry@fco.gov.uk

Web www.ukba.homeoffice.gov.uk
www.vfs-uk-in.com

Find us on Facebook: http://www.facebook.com/ukba.in.india

Post by **geriatrix** » Wed May 16, 2012 1:32 pm

Ask them why you have been advised so, which is in contravention of ECB05.
Insist that you need a response and clarification from an Entry Clearance Manager.

And, that in absence of a justification as to why your husband cannot apply for entry clearance from India (which ECB05 clearly states he can), you'll be complaining both at BHC Delhi and Home Office in UK.

Tip: Seek someone's help to draft the email.

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urgent help plz

urgent help plz