Settlement visa application from India - 2011

[pazpatel]

hi, i just wanted to share my experience with you.

I am British and living in England, my husband is Indian.

Submitted settlement visa 22.03.12
Visa sent to BHC in New Delhi 26.03.12
Paperwork ready for collection 28.05.12

Went to collect his paperwork today and the visa had been refused, only on the basis he didnt submit his English test results, he only submitted his certificate. They could have simply asked us to supply the one peice of paper required, but they were satisfied that he had passed the english test and had gained the required level needed..

The thing that makes me really angry about this refusal is, the standard paragraph at the bottom of the refusal notice was
"I have also taken account of artical 8 of the Human Rights Act. I consider that refusing this application is justified. I do not beleive that this application will interfere with family life, as you and your spouse can continue to enjoy that in India"

I am not too sure what they were thinking when they wrote this, as i am 5000 miles away in England.

I am going to send the paperwork off for appeal, will keep you posted with times scales.

That is the most bull shit I have ever heard in my life.... Im soooo sorry about that news. I cannot even start to explain my thoughts.

Keep me / us posted on the appeal process. What is the process anyway do you know?

[angie36]

Thanks for your kind words, i really do not know what planet these people live in...
As far as what i can tell about the appeal process, is, you do not send any documents to the BHC anymore, before you could send your documents back to the officer who refused your application to see if they can overturn the decision, but now the paperwork just gets sent to the appeals office in the UK. The website just goes on about the fees you have to pay now and not alot else, they do not mention how long the appeal will take, only you have 28 days to submit any new paperwork.
I think it is all about making money now.
Personally i think its a waste of a judges time just looking at one peice of paper that needs to be submitted.

[lucy_2011]

@sheezkhan,

congrats for winning the biggest battle of ur life!

@angie,

im really sorry to hear abt this stupid refusal they've sent u... plz send the paperwork asap with the test doc they r asking for so that u both can reunite soon... its not a major issue however, these fools should have asked to submit the doc if they felt it was missing... its soo funny, some people just get away wid it and some r just stuck even when they submit the certificate...

i never submitted one as i studied in canada before coming to uk for 1.5 yrs....
so, the moral of the story is they really dnt care and want to follow their own rules, they bend the rules acc to their own wish...
gud luck wid appeal and keep us posted...


@ paz,

gud that u have booked the ticket to india... mira i guess really u coz this is the peak of frustration time....

also, plz browse thru my posts to find out the appeal process and many others as we have shared our experiences here...
nothing's wrong wid ur paperwork... just write an email to BHC, AHM and find out what's happening quoting ur reference number/file number....
may b they just forgot to update u...

[pazpatel]

@sheezkhan,

congrats for winning the biggest battle of ur life!

@angie,

im really sorry to hear abt this stupid refusal they've sent u... plz send the paperwork asap with the test doc they r asking for so that u both can reunite soon... its not a major issue however, these fools should have asked to submit the doc if they felt it was missing... its soo funny, some people just get away wid it and some r just stuck even when they submit the certificate...

i never submitted one as i studied in canada before coming to uk for 1.5 yrs....
so, the moral of the story is they really dnt care and want to follow their own rules, they bend the rules acc to their own wish...
gud luck wid appeal and keep us posted...


@ paz,

gud that u have booked the ticket to india... mira i guess really u coz this is the peak of frustration time....

also, plz browse thru my posts to find out the appeal process and many others as we have shared our experiences here...
nothing's wrong wid ur paperwork... just write an email to BHC, AHM and find out what's happening quoting ur reference number/file number....
may b they just forgot to update u...

Hi Lucy - Yes I called and email VFS today and last week, they just say it is under process. I even called BHC, they told me to get my wife to call, she did and they told her still under process, 54 days is average at the moment. We are on 60 days now.

Its still nto changed today so do not think I will hear anything today, not sure if they are open on Monday or Tuesday, but I guess next week.

I have approached my MP now too

[neerajverma]

@angie,
Haven't you provide original english test certificate with statement of results and entry tciket confirmation?


Regards
Neeraj verma

Applied @VFS jalandhar on 08 May 2012
Present status in application forwarded to BHC.

[pazpatel]

@angie,
Haven't you provide original english test certificate with statement of results and entry tciket confirmation?


Regards
Neeraj verma

Applied @VFS jalandhar on 08 May 2012
Present status in application forwarded to BHC.

Which English test have u done? I think we only got a certificate, we where able to see on line and then a certificate in post. I need to speak to my wife but pretty sure we just had a certificate and some document explaining the results etc.

This is IELTS she done.

What documents did you have?

[pazpatel]

Thanks for your kind words, i really do not know what planet these people live in...
As far as what i can tell about the appeal process, is, you do not send any documents to the BHC anymore, before you could send your documents back to the officer who refused your application to see if they can overturn the decision, but now the paperwork just gets sent to the appeals office in the UK. The website just goes on about the fees you have to pay now and not alot else, they do not mention how long the appeal will take, only you have 28 days to submit any new paperwork.
I think it is all about making money now.
Personally i think its a waste of a judges time just looking at one peice of paper that needs to be submitted.

What englist test did he do? I think we just had a certificate that's it... My wife done ielts?

[neerajverma]

in UKBA website the approved english test provider list is available in which they have mentioned to provide original certificate+statement of results+entry ticket confirmation. IELTS or key english test at level A1 is acceptable.

Thanks.

[m1234]

Hi

We have applied for our settlement visa on 20th March and have not heard anything yet either.

Was wondering if anyone knew if the response you get that your application has been processed is by text or by phone call?

[LondonCalling2012]

Hi Angie, I just wanted to tell you that my papa's spouse visa was refused on silly matters aswell. we can totally understand how you must be feeling. My mum & I came to India to even apply after she recently married him.

The ECO also said to him 'you have no family life so this will not affect Article 8.'

Please do appeal straight away, do you have a good solicitor?

hi, i just wanted to share my experience with you.

I am British and living in England, my husband is Indian.

Submitted settlement visa 22.03.12
Visa sent to BHC in New Delhi 26.03.12
Paperwork ready for collection 28.05.12

Went to collect his paperwork today and the visa had been refused, only on the basis he didnt submit his English test results, he only submitted his certificate. They could have simply asked us to supply the one peice of paper required, but they were satisfied that he had passed the english test and had gained the required level needed..

The thing that makes me really angry about this refusal is, the standard paragraph at the bottom of the refusal notice was
"I have also taken account of artical 8 of the Human Rights Act. I consider that refusing this application is justified. I do not beleive that this application will interfere with family life, as you and your spouse can continue to enjoy that in India"

I am not too sure what they were thinking when they wrote this, as i am 5000 miles away in England.

I am going to send the paperwork off for appeal, will keep you posted with times scales.

[wAliMeer]

Hi

We have applied for our settlement visa on 20th March and have not heard anything yet either.

Was wondering if anyone knew if the response you get that your application has been processed is by text or by phone call?

Hi,

people who applied around that date are hearing about their visas so i hope your's is on its way too. fingers crossed for you

[m1234]

Hi

We have applied for our settlement visa on 20th March and have not heard anything yet either.

Was wondering if anyone knew if the response you get that your application has been processed is by text or by phone call?

Hi,

people who applied around that date are hearing about their visas so i hope your's is on its way too. fingers crossed for you

Hi,

Many thanks, i really hope thats the case, and you hear about yours soon too

[syma]

Thanks for your kind words, i really do not know what planet these people live in...
As far as what i can tell about the appeal process, is, you do not send any documents to the BHC anymore, before you could send your documents back to the officer who refused your application to see if they can overturn the decision, but now the paperwork just gets sent to the appeals office in the UK. The website just goes on about the fees you have to pay now and not alot else, they do not mention how long the appeal will take, only you have 28 days to submit any new paperwork.
I think it is all about making money now.
Personally i think its a waste of a judges time just looking at one peice of paper that needs to be submitted.

hey angie, all i can say is the best thing for you is to submit the appeal ASAP. also submit it online as another member here submitted online a month after me ( i did it by post) and he recieved the notice of pending appeal before me and the deadline given to gime is earleir than mine, for some reason online submission seems to get processed quickly..good luck.

[pazpatel]

Hi

We have applied for our settlement visa on 20th March and have not heard anything yet either.

Was wondering if anyone knew if the response you get that your application has been processed is by text or by phone call?

Hi, have you heard anything yet m1234?

P

[*Nazia]

Hi

We have applied for our settlement visa on 20th March and have not heard anything yet either.

Was wondering if anyone knew if the response you get that your application has been processed is by text or by phone call?

Hi, have you heard anything yet m1234?

P

It is bank holiday so the embassy are closed today as they were yesterday because of the Queen's Jubilee.

Should hopefully be back on track after this week.

[pazpatel]

Hi

We have applied for our settlement visa on 20th March and have not heard anything yet either.

Was wondering if anyone knew if the response you get that your application has been processed is by text or by phone call?

Hi, have you heard anything yet m1234?

P

It is bank holiday so the embassy are closed today as they were yesterday because of the Queen's Jubilee.

Should hopefully be back on track after this week.

No the BHC in India is open today, they where shut yesterday but open today. It says on the UKBA site and also my wife has called them this morning.

[m1234]

Hi

We have applied for our settlement visa on 20th March and have not heard anything yet either.

Was wondering if anyone knew if the response you get that your application has been processed is by text or by phone call?

Hi, have you heard anything yet m1234?

P

Nope nothing yet, have you heard anything yet?

[zeezeezee]

@ Paz - oh my-what an extremely long wait, must be hard what did they say to your wife when she called?! Is tomorrow the 60th working day I hope they are working on your application right now !!!
Must be difficult waiting so long!

[m1234]

@ Paz - oh my-what an extremely long wait, must be hard what did they say to your wife when she called?! Is tomorrow the 60th working day I hope they are working on your application right now !!!
Must be difficult waiting so long!

I know it's awful, im panicking and i applied on 20th March, i can't imagine how you would feel if you'd gone over the 60 days, What did they say when you rang?

I heard somewhere that the service agreement is upto 24 weeks!?! Is that correct?

[zeezeezee]

m1234

You have been waiting long too - My husband applied mid April- so i am not expecting news too quickly though i live in hope lol i hope your wait is over soon!!

The UKBA website says:

"If we have taken more than 15 working days (for non-settlement visas) or 3 months (for settlement visas) to process your application, and we have not published a news story to explain the delay, you can email the VFS call centre, who will forward your email to us for reply. You can find their contact details on the VFS Global in India website.We will not respond to your enquiry if you contact us before this time has elapsed"

So you are entitled to make enquiries after 3 months - I'm sure there is no news feeds stories published - i'm just not sure how helpful they are in responding to you after a 3 month period!! They also state:

"95 per cent of settlement applications within 12 weeks and 100 per cent within 24 weeks of the application date."

[m1234]

m1234

You have been waiting long too - My husband applied mid April- so i am not expecting news too quickly though i live in hope lol i hope your wait is over soon!!

The UKBA website says:

"If we have taken more than 15 working days (for non-settlement visas) or 3 months (for settlement visas) to process your application, and we have not published a news story to explain the delay, you can email the VFS call centre, who will forward your email to us for reply. You can find their contact details on the VFS Global in India website.We will not respond to your enquiry if you contact us before this time has elapsed"

So you are entitled to make enquiries after 3 months - I'm sure there is no news feeds stories published - i'm just not sure how helpful they are in responding to you after a 3 month period!! They also state:

"95 per cent of settlement applications within 12 weeks and 100 per cent within 24 weeks of the application date."

I really hope so zee,

i suppose thats better than nothing, we reach our 60 days next week, so may need to contact them, not sure if we'll get anywhere though.

I hope you dont have to wait as long as us, and you hear sooner as i believe the delay is due to the influx of applications due to the olympics, hopefully this will die down now and the response times will speed up once again.

Just don't like the waiting game .........

[pazpatel]

@ Paz - oh my-what an extremely long wait, must be hard what did they say to your wife when she called?! Is tomorrow the 60th working day I hope they are working on your application right now !!!
Must be difficult waiting so long!

Its very hard, I cant believe it..... It is 3 months today. Not sure why they are taking so long on mine. People who have applied after me have heard now, from the same office too.

Where did you apply from and when?

[pazpatel]

@ Paz - oh my-what an extremely long wait, must be hard what did they say to your wife when she called?! Is tomorrow the 60th working day I hope they are working on your application right now !!!
Must be difficult waiting so long!

I know it's awful, im panicking and i applied on 20th March, i can't imagine how you would feel if you'd gone over the 60 days, What did they say when you rang?

I heard somewhere that the service agreement is upto 24 weeks!?! Is that correct?

They just said it can take different length of time for different people, but our files is under process that it it. The guy who answers the phone probably just see's what we see on line. I have tried emailing BHC and VFS this morning so lets see what they say.

I also contact my MP this morning again too.

[zeezeezee]

I think you need to be firm and strict with them say you demand a explanation on the phone- ask to speak to someone above them- but obviously in a nice tone-otherwise they probably just say its under process- i hope they get back to you soon!

Hubby applied 12 April, from Hyderabad.

[angie36]

Hi all,
my husband did the University of Cambridge ESOL examination,
All we submitted was the original certificate, we didnt think they would need to see the test results, as the certificate had the A1 level written on it.
I have just spoke to someone in appeals, and they have said they give the officer who denied the application up 19weeks to decide if they want to over turn the decision or not.

As the visa only got refused on this one thing, is that all i need to submit as extra evidence??..