Post
by roadcross » Tue Oct 02, 2007 1:46 am
Hi
your answer is below
hi all,
My husband is in UK on HSMP visa valid for 2 years. He received his Entry clearance in August, after which we got married
after which we got married ? you mean got married exactly after when your husband got HSMP? didn't he mention anywhere in his applications that he is married or he mention himself as single ?
and he is now in UK from September 8th 2007 working for a good company.
I recently applied for Depandant visa and was refused for Entry clearance as the reasons were:
1. They have a doubt that whether husband is in UK or not
Yes because you have not supplied any evidence which can show your husband presence in the UK. presence can be prove normally from immigration officer stamped when he was arrived at UK airport. or company joining letter .....( offer letter not work here...because that was an offer which was not clear that either he has accepted that offer upon arrival into United kingdom or he change mind or whatever...
2. Also whether he can accommodate me
you made very big mistake by providing that your husband is living with his friend...so how can you show that he will accomodate you ....the first thing upon arrival your husband should got own house on rent and should make the tenancy agreement and should give the same address to his company employer, to banks and account dept for wage slip to be post on such address so that he can prove that he is living on the same address with so many documentry prooof.....and you should apply after when he get at least his first wage and first few wage slip if slip is on weekly basis .....or only one was enough ..of monthly ....
The documents that we have submitted are:
1. My husband's visa, offer letter **** Not strong evidence
2. Also my husband's friend's tenancy agreement as he is currently staying with him. ******* Your big mistake by showing that he himself is living with someone else ......by showing his friend tenancy agreement...
3. My financial details like CA statement and my job details, my bank statements etc..
Now i have been refused, i was given a chance to appeal within 28 days from the date of rejection i.e. 14th september 2007.
I am 95% confident that you will get visa in appeal .....because depandent visa case not that big deal for tribunal ....as they are on the basis of reality ...but bit its only misjudge sometime by ECO as they are receiving burdons of application and they have only 10 minutes for each application to decide about it....so sometime its very hard to go through every details.....
you don't need to provide anything in the appeal ..you only submit your document on the basis you applied before ..and only mention some details in covering letter ..what was happen...and whate other information you will be providing ...later......because this appeal process will take at least few months ..and when you receive hearing date ...then the tribunal will ask to submit any document which can ....stronger your case....you also mention your husband address and other details so that he can appear on hearing date.......till that point you might get 4-5 wages slips plus bank statment ...because the appeal will clear in 5-6 month if you sent directly to Home Office....if you submit into embassy localy...then it will take more time ......from 8 to 12 months because that will come in diplomatic bag ......in bundle.....these are the terms ...which they are using for the proccess..
So i have to appeal before 12th of October 2007. By that time, my husband would be getting his first salary, so we can provide his bank statements for a month, also he has booked a flat and we can also provide tenancy agreement along with his offer letter and office ID card as proofs. ******these thing you can submit later when you receive hearing date ......but if you have them in hand you can also submit it now ..because Home Office sometime send the application for reviewing to the same ECO ..who refuse the case ..and in rare case the ECO accept additional document and allow your appeal ...but that is upto luck ...otherwise ..the whole appeal proccess will take 5-6 month in direct appealing to AIT.GOV.UK
But my doubt is , can anyone help me with the process of appeal and hos is it done. Do i need to send the documents once again along with the appeal form or only the appeal form.
you can send the those document which supplied to embassy ..but you can clear your point by writing to them in extra pages......on that on what presumption of ECO ...you got refuse ......and what ground you are thinking that the decision is unlawfull .......you should clear every point ...and also mention that your husband has got own house, wage slips statment will be provided once the notice of hearing will be decided.
Kindly assist.
I hope it will help...
Regards.
