URGENT - UK settlement visa refused. - PLEASE ADVICE

[amu]

Hi,

Please can I get advice on my husband’s settlement visa case.

We filed settlement visa application on Dec 2011 in India. We got back notice of decision on Feb 2012 stating that the application is rejected on following basis:-

THE DECISION
1) You state that you married your wife in 1974 and lived together for more than 35 years in India. You have not submitted any enough evidence of you both living together.
Your sponsor went to UK in 2003 and obtained her British Passport in 2008. You have not submitted any evidence to show that you have maintained a relationship with your wife over the last 8 years.
2) You earn £650 per month, so I am not satisfied that there will be adequate maintainance for you and your sponsor without recourse to public funds.
3) Furthermore, no reason has been advanced as to why your sponsor could not come to India and enjoy family life here in India.


Some Details:
My age: 55 years
My husband’s age: 58 years
My husband’s nationality: India
Marriage Date: 1974
Date I received my British Passport: 2003
My current salary: £650 (temporary job)
Living with my son and daugther-in-law in UK (They have provided accomomation letter for me and my husband)
We had submitted our marriage certificate and marriage photos.

My travel details:-
1) 1974 – 2003 : India (lived with husband)
2) Feb 2003 – June 2003 : UK
3) July 2003 – 2007 : India (lived with husband)
4) 2007 – 2008 : UK
5) 2008 – 2011 : India (lived with husband)
6) 2011 – till date : UK (moved to UK since my son moved to UK in 2008 and now he has British Passport)


My questions:-

1) Is it worth in my case to appeal? Or I will be better off with fresh new application?
2) How much appeal process will cost me? At the end same cost as new application?
3) How much time will it take to pass through entire appeal process?
4) What evidences can be shown to justify the refusal points mentioned above? Please advice on all possible evidences and explanation I can give to satisfy ECO


Thanks. Your help will be much appreciated!!

[Azhaar]

Hi,

Please can I get advice on my husband’s settlement visa case.

We filed settlement visa application on Dec 2011 in India. We got back notice of decision on Feb 2012 stating that the application is rejected on following basis:-

THE DECISION
1) You state that you married your wife in 1974 and lived together for more than 35 years in India. You have not submitted any enough evidence of you both living together.
Your sponsor went to UK in 2003 and obtained her British Passport in 2008. You have not submitted any evidence to show that you have maintained a relationship with your wife over the last 8 years.
2) You earn £650 per month, so I am not satisfied that there will be adequate maintainance for you and your sponsor without recourse to public funds.
3) Furthermore, no reason has been advanced as to why your sponsor could not come to India and enjoy family life here in India.


Some Details:
My age: 55 years
My husband’s age: 58 years
My husband’s nationality: India
Marriage Date: 1974
Date I received my British Passport: 2003
My current salary: £650 (temporary job)
Living with my son and daugther-in-law in UK (They have provided accomomation letter for me and my husband)
We had submitted our marriage certificate and marriage photos.

My travel details:-
1) 1974 – 2003 : India (lived with husband)
2) Feb 2003 – June 2003 : UK
3) July 2003 – 2007 : India (lived with husband)
4) 2007 – 2008 : UK
5) 2008 – 2011 : India (lived with husband)
6) 2011 – till date : UK (moved to UK since my son moved to UK in 2008 and now he has British Passport)


My questions:-

1) Is it worth in my case to appeal? Or I will be better off with fresh new application?
2) How much appeal process will cost me? At the end same cost as new application?
3) How much time will it take to pass through entire appeal process?
4) What evidences can be shown to justify the refusal points mentioned above? Please advice on all possible evidences and explanation I can give to satisfy ECO


Thanks. Your help will be much appreciated!!

in the last 8 years if you kept in contact with your husband then there would be any kind of phone conversations, letters, e-mails etc..

you could send them copies of phone explained bills, e-mail conversations (printout)... letters if any..

about your income-- its very Low..
you can ask your son to provide letter stating that he can as well support your application (assuming that your husband is his father)..

so he can support both of you, and your income would be an advantage as well..

try that and see

thank you

[amu]

Thanks.

1) I have already started to gather all the evidences that we lived together, specially during that 8 years period when I was on and off between UK and India. As you have suggested:- phone bills of UK and India, emails, letters, bank statements of India and UK, and all other address proof evidences.

2) Yes, my husband is the father of my son. And he is willing to support the application. What documents will I need from him? His bank balance, P45 of last 2 years and supporting letter will be sufficient? Is it okay if I do not submit his bank statements?

3) I am also a shareholder of the company of which I am employee of. I will get dividend of around £3500 soon. Can I also show that as my income source?

4) ECO (case officer) had also mentioned in my Notice of Decision that why can't I live with my husband in India? Why my husband needs to come to UK to enjoy family life? What explanation can I give to that? Me and my husband wish to live together with our son and daugther in law in UK.



Please advice.

Thanks!

[Azhaar]

Thanks.

1) I have already started to gather all the evidences that we lived together, specially during that 8 years period when I was on and off between UK and India. As you have suggested:- phone bills of UK and India, emails, letters, bank statements of India and UK, and all other address proof evidences.

2) Yes, my husband is the father of my son. And he is willing to support the application. What documents will I need from him? His bank balance, P45 of last 2 years and supporting letter will be sufficient? Is it okay if I do not submit his bank statements? it would be betterif u could show b.statements but if u cant then payslips and tenancy agreement for the place where u all live but make sure it wont b over crowded..
3) I am also a shareholder of the company of which I am employee of. I will get dividend of around £3500 soon. Can I also show that as my income source?

this is really good

4) ECO (case officer) had also mentioned in my Notice of Decision that why can't I live with my husband in India? Why my husband needs to come to UK to enjoy family life? What explanation can I give to that? Me and my husband wish to live together with our son and daugther in law in UK.

because you both want to live around your son and his family.. another thing is you are now settled here and its your right to have your husband with you..



Please advice.

Thanks!

[amu]

Will it be worth to appeal or go for fresh new application?