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New article: Mission to get UK Spouse Visa from India (British Deputy High Commission)


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#1 Rashmin Patel

Rashmin Patel

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Posted 08 January 2012 - 09:46 PM

I am an Indian Citizen who was in the UK on a student visa for 5 years and 6 months. I met a girl in the UK in November 2008 and we fell in love.

We started dating and finally got married in August 2009. We paid 400 for a COA (Certificate of Approval) to get permission from the Home Office to get married. They issued us the COA.

After getting married I went to the Home Office to get my visa status changed from student to spouse visa. I paid another 675 as a visa fee but my application was refused because I did not have "sufficient attendance" in my college.

As my FLR(M) visa was refused I went back to India in January 2010 to apply for a spouse visa from India. My visa was also refused from India. The British Deputy High Commission in Bombay took 3 months to process my visa application and the Entry Clearance Officer (ECO) overlooked my documents and failed to understand the Chartered Accountants's balance sheets which were submitted with the application. This is why he refused my visa stating that my wife's income (5,700 per month) was not sufficient to support us both.

My wife has her own business and owns a house. All these supporting documents were submitted with the application. The ECO mentioned that I had not provided proof of attendance in a UK college however I did provide that proof in my documents and also mentioned in my application that I was refused FLR(M) from the UK because of insufficient attendance.

The ECO overlooked these documents as well. The ECO also mentioned in their refusal letter that we had not provided our telephone bills at the time of application. He wrote in the refusal letter "On the balance of probabilities our marriage was not subsisting". We were staying together for 6 months, how can we provide him the telephone bills for that period of time?

According to the ECO, he wanted me and my wife to settle in India. How can she leave her business and property and come to India. As she has been living in the UK since birth she won't be able to cope with the climatic and cultural changes. Now a public authority of a democratic country (UK) is interfering in our family life, this is against Human Rights!

We decided to appeal against the ECO's decision within 28 days as this was the deadline to launch the appeal. We created the grounds of appeal with a detailed explanation of the CA's balance-sheet. We aslo attached our phone and SKYPE call record and explained the grounds of refusal (Part 9 Immigration rule 320 (7b) and (7c)) which I found from the UKRESIDENT.COM website. This states that even if I had breached a previous UK immigration law that I am still entitled to a spouse visa.

We launched the appeal on the 24th of May 2010 and we got a letter from the British Deputy Commission in Bombay on the 20th of June 2010 stating that they had reviewed the application at Bombay and the Entry Clearance Manager (ECM) has overturned the ECO's decision.

I have qualified for the spouse visa so I had to send my passport to be stamped. I sent my passport the next day via DHL and I got my passport with the spouse visa stamp as well as other documents within 1 week. Now I am in the UK with my wife at last enjoying my married life.

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#2 lucy2011

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Posted 15 February 2012 - 06:16 PM

Hello Rashmin,

I'm one of those unfortunate people who have been targeted by BHC, Delhi. The ECO mentioned that our marriage was not subsisting as I was earlier on General Visitor Visa sponsored by my husband(we were family friends earlier). He sponsored me to look into ACCA colleges as I have a strong desire to study further.
However, after talking our parents permission, we both got married in UK in JUly, 2011 and no one objected. I applied for spouse visa from UK and it was rejected and they asked me to apply from India. Then I went back to Delhi withing 2 days to re-apply with all relevant docs. They refused me again and said I'm just looking for entry in UK.
We appealed in Oct 2011 with all proofs mentioning that our marriage is genuine and the ECO, I believe completely overlooked our docs and have decided to stay with his original decision.
Our hearing date is on Mar 2nd which happens to be my bday. Im hoping for the best.
Can u please help with an example of cover letter which u had sent with the appeal docs?

thnks in advance...




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