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Applying for settlement spouse visa from chennai-india

Post by vetri » Sat Dec 09, 2017 8:11 pm

I am married to a British citizen this year around nov 25th . We both met at work in june"16. We worked for the same company and we fall in love when she was on her onshore assignment to india. I am in the same company now but she had moved to a different one and now living and working in london. Now that i am looking forward to apply for settlement spouse visa from Chennai with an intention to settle with my wife. My wife she is properly settled that is her ancestral origin is Britain. I would like to know am i applying for the right visa ? if not which is the right one ? what are the list of documents i should submit. I see stories of rejections , if any one could help me get through this successfully there would be no one grateful than you.

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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Tue Dec 12, 2017 2:26 pm

Any helping hand ..? Please . My success depends upon your support and help a good deed will bring you a good karma ...thanks

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Re: Applying for settlement spouse visa from chennai-india

Post by CR001 » Tue Dec 12, 2017 2:28 pm

Spouse settlement visa, form VAF4A and Appendix FM/SE.
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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Wed Dec 13, 2017 10:54 am

Thank you so much ...

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Re: Applying for settlement spouse visa from chennai-india

Post by CR001 » Wed Dec 13, 2017 11:05 am

For the online process to apply for the correct visa, you select as follows :

Settlement
>>Settlement
>>>>Husband

Feel free to continue asking any questions in this topic as you progressed.
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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Wed Dec 13, 2017 7:55 pm

Thank you, Here is the list of documents that i have come up with for filing ... I have queries in few of the them. Please see below .

List of documents

From applicant side
Completed Visa application form VAF4A
Completed online visa application form
Passport copies of self ( Newly applied with my wife name bearing in the passport)
One passport size colour photograph
National identity card(Aadhar card)
Previous 2 passport
TB certificate
Evidence of marriage
Evidence of divorce
Evidence of current employment
Evidence of english language( 10th,12th grade & University engineering degree)
bank statement 6 months
payslips 6 months ( ++ evidence that Indian salary earnings more than minimum requirement of 18600 pounds)
letter from bank (Account balance, name, date opened)---- what letter should it be ?
Resume
Offer letter from current organization
Current organization SAP snapshot declaring my wife as dependent
Tax return
Provident Fund Statement showing 6000 pounds savings
Evidence to show current salary is more than 18600 pounds minimum requirement- Payslip & offerletter
Payscale.com salary report to show any new job in UK will get me salary more than 18600 pounds
Evidence of my property(Sale deed & construction agreement)

From sponsor
sponsor ship letter
evidence of property ownership
Land registry document
mortgage statement
lease documents current property
rent book or tenancy agreement for the house rented in woodford under sponsor name and if it is being inherited then supporting documents + property deed
rent paid to sponsor proof
council tax statements 2017
property inspection report
utilities bills(gas/ electricity/ water ) 2016-2017
Current employment proof
other income proof ( rental )
savings proof ( cash savings)
P60
settlement sum documents ( My wife & her sister are in the process of inheriting deceased mothers property's)
Driving licence
Job contract previous employer
Job contract current employer
evidence total annual income from employment & non employment exceed above > £18600
passport copies
birth certificate

Relationship proof

marriage certificate
wedding photo
pics from all out trip together
e-mails, whats app chats(Screen shots/ Transcripts), calls track from whats app)
Hotel stay evidence got most of them .
Travel evidence ( ticket, visa,boarding pass etc)

Misc
Documents submitted for Tourist visa by me to meet sponsor in march"17 when her mother expired

Query :
1) My wife came to india around may 16 and she left around sep"16. we kept meeting each other every two month since Sep"16 . Will this be a accounted for subsisting relationship ? My wife did stay with me in my home, met my parents and we do even have pictures taken with my parents and my family members . Will this be considered for genuineness of relationship ?

2) Importantly on the sponsors financial requirement. My wife was made redundant during Feb"17 and was paid out 12000 pounds. My wife's mother expired this year around mar"17 followed by my wife being made redundant by her previous employer. From mar"17 untill oct"17 she didnt take any job or work due to grief and bereavement i.e 8 months she didnt had any job or work. The source of fund planned to file is
from employment source i.e 2 months of salary(5832 pounds) from jan to Feb"17 + 12000 pounds ( payout) + Insurance payout(Non- employment) = 81832 pounds . Will this meet the financial requirements ?

3) This is my third marriage . My first marriage survived only for a month and we got legally divorced. My second marriage ended up the court saying that the marriage performed is not legal and hence null and void. I have a 2 yr old son from my second marriage. Both of the above two marriages are through dating website and arranged. The third one being a love marriage . My question is will my past relations will bring any challenges to the visa applications ? if yes what are they ? and how would i substantiate and what i should be aware about while filing ?

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Re: Applying for settlement spouse visa from chennai-india

Post by CR001 » Thu Dec 14, 2017 8:44 am

vetri wrote:
Wed Dec 13, 2017 7:55 pm
Thank you, Here is the list of documents that i have come up with for filing ... I have queries in few of the them. Please see below .

List of documents

From applicant side
Completed Visa application form VAF4A
Completed online visa application form
Passport copies of self ( Newly applied with my wife name bearing in the passport)
One passport size colour photograph
National identity card(Aadhar card) Not required.
Previous 2 passport
TB certificate
Evidence of marriage Is this the marriage certificate? Translated if not in English.
Evidence of divorce Is this in English? Which divorce is this for?
Evidence of current employment Not required.
Evidence of english language( 10th,12th grade & University engineering degree) Is your degree a foreign degree or a UK degree?? 10th, 12th grade etc, what is that?
bank statement 6 months Whose bank statements are these?
payslips 6 months ( ++ evidence that Indian salary earnings more than minimum requirement of 18600 pounds) Not required. Your income is completely irrelevant to a spouse visa application.
letter from bank (Account balance, name, date opened)---- what letter should it be ? Not required unless relying on £62,500 savings.
Resume Not required.
Offer letter from current organization Not required.
Current organization SAP snapshot declaring my wife as dependent Not required.
Tax return Not required.
Provident Fund Statement showing 6000 pounds savings Not required.
Evidence to show current salary is more than 18600 pounds minimum requirement- Payslip & offerletter Not required.
Payscale.com salary report to show any new job in UK will get me salary more than 18600 pounds Not required.
Evidence of my property(Sale deed & construction agreement) What is the purpose of submitting this?

From sponsor
sponsor ship letter
evidence of property ownership
Land registry document
mortgage statement
lease documents current property
rent book or tenancy agreement for the house rented in woodford under sponsor name and if it is being inherited then supporting documents + property deed
rent paid to sponsor proof
council tax statements 2017
property inspection report
utilities bills(gas/ electricity/ water ) 2016-2017
Current employment proof
other income proof ( rental )
savings proof ( cash savings) How much is the cash savings? How long have they been held in the bank?
P60
settlement sum documents ( My wife & her sister are in the process of inheriting deceased mothers property's)
Driving licence Not required.
Job contract previous employer Not required.
Job contract current employer
evidence total annual income from employment & non employment exceed above > £18600
passport copies
birth certificate Not required.

Relationship proof

marriage certificate
wedding photo
pics from all out trip together
e-mails, whats app chats(Screen shots/ Transcripts), calls track from whats app)
Hotel stay evidence got most of them .
Travel evidence ( ticket, visa,boarding pass etc)

Misc
Documents submitted for Tourist visa by me to meet sponsor in march"17 when her mother expired

3) This is my third marriage . My first marriage survived only for a month and we got legally divorced. My second marriage ended up the court saying that the marriage performed is not legal and hence null and void. I have a 2 yr old son from my second marriage. Both of the above two marriages are through dating website and arranged. The third one being a love marriage . My question is will my past relations will bring any challenges to the visa applications ? if yes what are they ? and how would i substantiate and what i should be aware about while filing ? Which court said the second marriage was null and void? What evidence do you have of this?
You are submitting far too many documents.

You need to be 100% clear on how your spouse is going to meet the financial requirement and submit all the relevant documents to prove the paper trail and where the money comes from.

Your income in India and employment and 'potential' job in the UK is completely irrelevant to your application.
Char (CR001 not Casa)
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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Thu Dec 14, 2017 4:49 pm

Please find my response in bracket .... thank you so much for the help.

From applicant side
Completed Visa application form VAF4A
Completed online visa application form
Passport copies of self ( Newly applied with my wife name bearing in the passport)
One passport size colour photograph
National identity card(Aadhar card) Not required.
Previous 2 passport
TB certificate
Evidence of marriage Is this the marriage certificate? Translated if not in English. (Yes it is marriage certificate & it is in english )
Evidence of divorce Is this in English? Which divorce is this for? ( this divorce if from my first marriage from district family court & the second one stating marriage is invalid from city famil court of civil cases from chennai)
Evidence of current employment Not required.( Ok)
Evidence of english language( 10th,12th grade & University engineering degree) Is your degree a foreign degree or a UK degree?? 10th, 12th grade etc, what is that? (My degree is a foreign degree i.e is from india and i did check my university is listed in NARIC "Vellore Institute of Technology"
bank statement 6 months Whose bank statements are these? ( Mine )
payslips 6 months ( ++ evidence that Indian salary earnings more than minimum requirement of 18600 pounds) Not required. Your income is completely irrelevant to a spouse visa application.(Ok)
letter from bank (Account balance, name, date opened)---- what letter should it be ? Not required unless relying on £62,500 savings. (Letter from my bank about my account details, if it is not required fine then.)
Resume Not required.
Offer letter from current organization Not required.(Ok)
Current organization SAP snapshot declaring my wife as dependent Not required.(Ok)
Tax return Not required.(Ok)
Provident Fund Statement showing 6000 pounds savings Not required.(Ok)
Evidence to show current salary is more than 18600 pounds minimum requirement- Payslip & offerletter Not required. (Ok)
Payscale.com salary report to show any new job in UK will get me salary more than 18600 pounds Not required.(Ok)
Evidence of my property(Sale deed & construction agreement) What is the purpose of submitting this?(Additional support on my financial requirement if any )

####( Apart from the one which you have mentioned not required , am i good to go with the rest of them listed above as fine ? If not, please mention what are the other supporting documents i should carry, please ? )

From sponsor
sponsor ship letter
evidence of property ownership
Land registry document
mortgage statement
lease documents current property
rent book or tenancy agreement for the house rented in woodford under sponsor name and if it is being inherited then supporting documents + property deed
rent paid to sponsor proof
council tax statements 2017
property inspection report
utilities bills(gas/ electricity/ water ) 2016-2017
Current employment proof
other income proof ( rental )
savings proof ( cash savings) How much is the cash savings? How long have they been held in the bank?(9000 pounds held for 6 months till date)
P60
settlement sum documents ( My wife & her sister are in the process of inheriting deceased mothers property's)
Driving licence Not required. (Ok)
Job contract previous employer Not required.(Ok)
Job contract current employer
evidence total annual income from employment & non employment exceed above > £18600
passport copies
birth certificate Not required. (Ok)

Relationship proof

marriage certificate
wedding photo
pics from all out trip together
e-mails, whats app chats(Screen shots/ Transcripts), calls track from whats app)
Hotel stay evidence got most of them .
Travel evidence ( ticket, visa,boarding pass etc)

Misc
Documents submitted for Tourist visa by me to meet sponsor in march"17 when her mother expired

3) This is my third marriage . My first marriage survived only for a month and we got legally divorced. My second marriage ended up the court saying that the marriage performed is not legal and hence null and void. I have a 2 yr old son from my second marriage. Both of the above two marriages are through dating website and arranged. The third one being a love marriage . My question is will my past relations will bring any challenges to the visa applications ? if yes what are they ? and how would i substantiate and what i should be aware about while filing ? Which court said the second marriage was null and void? What evidence do you have of this? ( City family court of civil cases in Chennai said the marriage is null and void . I have the court notice along with order originaly signed in green ink by the judge herself .)

4) Any feedback on the first two queries from my first post ?

5) My wife has also applied for X visa in UK which is under progress . Will it be of any conflict for my Settlement visa ?

6) My wife is planning to submit the redundancy pay out of left over 9000 pounds held for 6 months till date + 2 months( oct & nov "17) new job salary ( 6000 pounds) + insurance pay out (64000 pounds) as proof for financial requirements. Will this suffice the need ? please advice, also does the 9000 pounds from the redundancy payout will be considered as cash savings or Income from employment ? please clarify what can be shown for financial requirements ? We are waiting for the insurance pay out of 64000 pounds for filing. Can i use the letter from the insurance firm about the insurance payout while filing if we don t get the payout before filing ? please advice ..

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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Thu Dec 14, 2017 4:57 pm

i forget to answer these 10th, 12th grade etc, what is that? (10th and 12th grades are schooling , we call them as Higher Secondaries education here in india, Both of the grades has english language as one of the curriculum. Also my university does have english language for the first two semester and most of my curriculum is taught in english and my degree is in english . Does my higher secondary i e junior college certificate + University engineering degree certificate suffice the need for english language requirements ? + most of the organization i worked for 13+ years has english as the business language.Will this suffice the need for the english language requiements ? please advice ....

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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Thu Dec 14, 2017 5:00 pm

CR001 i dont know your name, but you are of a great help. Please keep doing the good job. Huggs to you

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Re: Applying for settlement spouse visa from chennai-india

Post by CR001 » Thu Dec 14, 2017 5:01 pm

Evidence of divorce Is this in English? Which divorce is this for? ( this divorce if from my first marriage from district family court & the second one stating marriage is invalid from city famil court of civil cases from chennai)
I have asked this already but what evidence do you have of the second marriage being null and void? Why did they declare it 'null and void'??
Evidence of english language( 10th,12th grade & University engineering degree) Is your degree a foreign degree or a UK degree?? 10th, 12th grade etc, what is that? (My degree is a foreign degree i.e is from india and i did check my university is listed in NARIC "Vellore Institute of Technology"
To use a foreign degree to meet the English requirement, you need UKVI red route NARIC assessment.
bank statement 6 months Whose bank statements are these? ( Mine )
Not needed unless you are relying on savings.
Evidence of my property(Sale deed & construction agreement) What is the purpose of submitting this?(Additional support on my financial requirement if any )
You are misunderstanding the 'financial requirement'. It is your spouse in the UK that has to prove they meet the financial requirement unless you are relying on savings.
####( Apart from the one which you have mentioned not required , am i good to go with the rest of them listed above as fine ? If not, please mention what are the other supporting documents i should carry, please ? )
Yes, which is why I only commented on the bits not required.

evidence of property ownership
Land registry document
mortgage statement
lease documents current property
rent book or tenancy agreement for the house rented in woodford under sponsor name and if it is being inherited then supporting documents + property deed
rent paid to sponsor proof
Are these being submitted only to prove the paper trail for the rental income, i.e. not proof of where you will live when you get to the UK?
council tax statements 2017
property inspection report
For which property, the one she rents out or the one she lives in?

utilities bills(gas/ electricity/ water ) 2016-2017
Current employment proof
other income proof ( rental )
savings proof ( cash savings) How much is the cash savings? How long have they been held in the bank?(9000 pounds held for 6 months till date)
P60
settlement sum documents ( My wife & her sister are in the process of inheriting deceased mothers property's)
What is her employment income? What is her rental income? The deceased property documents presumably you mean the various documents and processes in the estate probate. Until the probate estate is concluded, these are likely irrelevant at this point.

3) This is my third marriage . My first marriage survived only for a month and we got legally divorced. My second marriage ended up the court saying that the marriage performed is not legal and hence null and void. I have a 2 yr old son from my second marriage. Both of the above two marriages are through dating website and arranged. The third one being a love marriage . My question is will my past relations will bring any challenges to the visa applications ? if yes what are they ? and how would i substantiate and what i should be aware about while filing ? Which court said the second marriage was null and void? What evidence do you have of this? ( City family court of civil cases in Chennai said the marriage is null and void . I have the court notice along with order originaly signed in green ink by the judge herself .)
Why did they declare the marriage null and void?? What do they mean the marriage performed not legal??
4) Any feedback on the first two queries from my first post ?
I haven't answered them as I am not sure.
5) My wife has also applied for X visa in UK which is under progress . Will it be of any conflict for my Settlement visa ?
What do you mean by 'X visa in UK'??
6) My wife is planning to submit the redundancy pay out of left over 9000 pounds held for 6 months till date + 2 months( oct & nov "17) new job salary ( 6000 pounds) + insurance pay out (64000 pounds) as proof for financial requirements. Will this suffice the need ? please advice, also does the 9000 pounds from the redundancy payout will be considered as cash savings or Income from employment ? please clarify what can be shown for financial requirements ? We are waiting for the insurance pay out of 64000 pounds for filing. Can i use the letter from the insurance firm about the insurance payout while filing if we don t get the payout before filing ? please advice ..
Should be ok provided she submitted strong evidence of where all the money comes from.
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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Thu Dec 14, 2017 5:08 pm

You need to be 100% clear on how your spouse is going to meet the financial requirement and submit all the relevant documents to prove the paper trail and where the money comes from.

I have mentioned in my previous post. Apart from the two months salary from new job which is income from employment . ie 6000 pounds . We are puzzling how to show the redundancy pay out should it be income from the employment or a cash savings. And further will the ECO accept the 64k insurance payout as cash savings ? these are the sources where we have the money coming from. Please advice ...

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Re: Applying for settlement spouse visa from chennai-india

Post by CR001 » Thu Dec 14, 2017 5:10 pm

The £64k alone would meet the requirement if the money is hers and hers alone (i.e. not shared with sibling) and held in an accessible account in her name and she has ALL the relevant paperwork.

2 months payslips unfortunately is not enough. It has to be 6 months minimum.
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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Thu Dec 14, 2017 5:46 pm

CR001 wrote:
Thu Dec 14, 2017 5:01 pm
Evidence of divorce Is this in English? Which divorce is this for? ( this divorce if from my first marriage from district family court & the second one stating marriage is invalid from city famil court of civil cases from chennai)
I have asked this already but what evidence do you have of the second marriage being null and void? Why did they declare it 'null and void'??

"( City family court of civil cases in Chennai said the marriage is null and void . I have the court notice along with order originally signed in green ink by the judge herself.

Actual statement recorded in the court ...
I filed for Restitution of Conjugal rights ie asking her to come and live with me along with my son ... My ex wife deserted me along with my one month old son to her native place and do not return but filed a case on me on the grounds of cruelty .... At the same time i have filed a case in marital home that is chennai for asking her to come and live with me

Actual statement recorded in the court ...

" The petitioner/Husband resubmitted the petition stating that this is a second marriage to both the parties, they couldnt not register the marriage in the church, but the marriage was solemnized as per christian rites and customs and registered the marriage under tamil nadu marriage registration act and the marriage certificate for the same is enclosed here with ...

The court notice along with order as follows ...
Heard, Records perused. When the petitioner filed the petition under the divorce act for restitution he has to prove that the marriage was held as provided under the said act. As per section 5 of the act the marriage has to be performed by the persons mentioned there in and they have to maintain marriage register and submit to the registrar of marriage. Periodically they also issue marriage certificate to the parties. The alleged marriage performed other than the manner provided under the act is void and not valid marriage at all. Therefore he cannot invoke the provisions of the divorce act. whether it is first or second marriage the same will not alter the provisions of law. Under the act there is no bar to solemnize marriage to the divorcee or widower. The registration certificate issued under tamil nadu act (State Act) will not help to decide the validity of marriage . He has to prove that the marriage was solemnized under section 5 of the christian marriage act. In the circumstances, in the absence of producing the marriage certificate issued under the christian marriage act ie (Special marriage act marriage certificate) the restitution petition under section 32 of the divorce act cannot be entertained....

I actually should have got marriage through special marriage act i have chosen a wrong marriage act i e state marriage act for marriage certificate hence the marriage is null and void...... Hope this is clear ..?

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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Thu Dec 14, 2017 6:20 pm

Evidence of english language( 10th,12th grade & University engineering degree) Is your degree a foreign degree or a UK degree?? 10th, 12th grade etc, what is that? (My degree is a foreign degree i.e is from india and i did check my university is listed in NARIC "Vellore Institute of Technology"
To use a foreign degree to meet the English requirement, you need UKVI red route NARIC assessment.
"Can you share more details on the Naric assessment ? What am i supposed to do from my side ? And what is the time line for the same ? And is it a complex process ? etc thanks

evidence of property ownership
Land registry document
mortgage statement
lease documents current property
rent book or tenancy agreement for the house rented in woodford under sponsor name and if it is being inherited then supporting documents + property deed
rent paid to sponsor proof
Are these being submitted only to prove the paper trail for the rental income, i.e. not proof of where you will live when you get to the UK?

These proofs are to show the rental income from the rented property which is shared between my wife and her sister. ie 1000 pounds/2 = 500x 12 = 6000 pounds
She has two houses one is rented and the other is where my wife and myself are going to live. The living house is under mortgage transfer to my wife and my sister in law. This is where i am going to live.

council tax statements 2017
property inspection report
For which property, the one she rents out or the one she lives in?

Council tax statement and the property inspection report for the one she lives in

utilities bills(gas/ electricity/ water ) 2016-2017
Current employment proof
other income proof ( rental )
savings proof ( cash savings) How much is the cash savings? How long have they been held in the bank?(9000 pounds held for 6 months till date)
P60
settlement sum documents ( My wife & her sister are in the process of inheriting deceased mothers property's)
What is her employment income? What is her rental income? The deceased property documents presumably you mean the various documents and processes in the estate probate. Until the probate estate is concluded, these are likely irrelevant at this point.

Employment income for the Jan"17 & Feb"17 is around 4000 pounds. Income from Oct"17 & Nov"17 is 4500 pounds. She was unemployed inbetween. The deceased property documents is estate probate , Yes correct. I dont understand probate estate concluded . My wife and her sister have appeared in the court for oath and they have even paid the property taxes while inheriting. Can you please elaborate in detail please ? And how this would affect my filing ...
5) My wife has also applied for X visa in UK which is under progress . Will it be of any conflict for my Settlement visa ?
What do you mean by 'X visa in UK'??
x-visa is entry level visa applied by foreign spouses to live with ex-pat husbands living and working in india . This is a non-work visa issued for two years. These applies for spouses married to indian citizens as well.

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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Fri Dec 15, 2017 1:33 pm

CR001 any feedback ? Your feedback and guidance is valuable .. thanks

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Re: Applying for settlement spouse visa from chennai-india

Post by CR001 » Fri Dec 15, 2017 1:38 pm

My view is that you are over complicating your application and trying to submit too much which means the important things are likely to be missed completely and end in a refusal. You need to simplify it. If you meet the requirements using savings, then use the savings. No other evidence is needed.

Her salary will be irrelevant as she has no evidence for 6 months employment.

For your foreign degree, you need the UKVI NARIC, link below. Costs £150, same as the English test. You will be required to submit the NARIC assessment PLUS your original degree certificate.

https://www.naric.org.uk/visas%20and%20 ... /FAQs.aspx

Personally, I would ignore the rental income if what is being received is then split in two. Who gets paid the rental income and how is it paid to the person (cash, bank etc)?

X visa is irrelevant.
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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Fri Dec 15, 2017 2:04 pm

CR001 wrote:
Fri Dec 15, 2017 1:38 pm
My view is that you are over complicating your application and trying to submit too much which means the important things are likely to be missed completely and end in a refusal. You need to simplify it. If you meet the requirements using savings, then use the savings. No other evidence is needed.
Would you please help me on the simplification ? What are the important ones i should submit ? Also will any way my son from previous marriage have an impact ? Is there anything i should be aware about it ? Pleas suggest. Today i received a message from my wife that the insurance money will be paid out today probably. I will confirm it. But it is shared between herself and her sister.

Her salary will be irrelevant as she has no evidence for 6 months employment.

For your foreign degree, you need the UKVI NARIC, link below. Costs £150, same as the English test. You will be required to submit the NARIC assessment PLUS your original degree certificate.

https://www.naric.org.uk/visas%20and%20 ... /FAQs.aspx

Personally, I would ignore the rental income if what is being received is then split in two. Who gets paid the rental income and how is it paid to the person (cash, bank etc)?
[/quote]Both my wife and her sister gets paid through bank deposits
X visa is irrelevant.
[/quote]

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Re: Applying for settlement spouse visa from chennai-india

Post by CR001 » Fri Dec 15, 2017 2:11 pm

So how much insurance money exactly is your sister getting?

Why would your son be an issue? You are not applying for a visa for him. I would be more concerned that HO raises a question regarding your second marriage etc.
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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Fri Dec 15, 2017 2:21 pm

CR001 wrote:
Fri Dec 15, 2017 2:11 pm
So how much insurance money exactly is your sister getting?

Not my sister , My wife . She will be getting half of it or she could bargain with her sister and can have the entire money .. Please consider 64000/2 = 32000 pounds


Why would your son be an issue? You are not applying for a visa for him. I would be more concerned that HO raises a question regarding your second marriage etc.
No i am not applying visa for him . In india the law is the child had to be with their mother untill the age of 5 yrs. Any custody will be provided post 5 yrs through court case unless on special circumstance like mental disability or mother expired etc ... My son currently living with my ex-wife for the past two years . Why do you feel HO raise question about my second marriage ? when you mean second marriage are you referring to the one with my ex-wife ? And what sought of concerns do you foresee that HO would raise ? In both of my arranged marriage its the womens who wanted to get rid off me... Doesnt not my divorce petition and orders support to address the concerns ? Please advice ...

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Re: Applying for settlement spouse visa from chennai-india

Post by CR001 » Fri Dec 15, 2017 2:24 pm

And what sought of concerns do you foresee that HO would raise ?
The fact that your second marriage does not have a divorce certificate. I don't know if HO will accept the 'null and void' information you mentioned. You have to prove to HO that you are/were free to marry to meet the requirements for a spouse visa.

No issue regarding your son.
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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Fri Dec 15, 2017 6:08 pm

CR001 wrote:
Fri Dec 15, 2017 2:24 pm
And what sought of concerns do you foresee that HO would raise ?
The fact that your second marriage does not have a divorce certificate. I don't know if HO will accept the 'null and void' information you mentioned. You have to prove to HO that you are/were free to marry to meet the requirements for a spouse visa.

No issue regarding your son.
point taken. I will have this explored with my lawyer who worked on it tomorrow. But being more rationale when the court itself had said the marriage is not legal and invalid why would there be a divorce required....? Because i used the same court order to process my UK tourist Visa and My passport which bears my british wife name in it .....Any thoughts ???

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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Fri Dec 15, 2017 6:26 pm

And untill i satisfy this rule ..
E-ECP.2.9. (i) Any previous relationship of the applicant or their partner must have broken down permanently, unless it is a relationship which falls within paragraph 278(i) of these Rules; and

Broken down by court itself stating the marriage is not legal .... Any thoughts?

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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Tue Dec 19, 2017 12:16 pm

CR001 wrote:
Fri Dec 15, 2017 2:24 pm
And what sought of concerns do you foresee that HO would raise ?
The fact that your second marriage does not have a divorce certificate. I don't know if HO will accept the 'null and void' information you mentioned. You have to prove to HO that you are/were free to marry to meet the requirements for a spouse visa.
The court order says marriage is invalid i.e it never happend at all legally.

"You have to prove to HO that you are/were free to marry to meet the requirements for a spouse visa."- How ??? Technically i am not married to any one untill the recent one. How would i prove that i am free to marry ?


No issue regarding your son.
[/quote]

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Re: Applying for settlement spouse visa from chennai-india

Post by vetri » Tue Dec 19, 2017 12:25 pm

Between with regards to my earlier post where i have stated i will return consulting with my lawyer . The statement from lawyer is as follows ..

"You are not technically married by law for the court to give you a divorce certification. Hence it is not applicable. if you are not married to anyone legally you are free to marry anyone as you wish"

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