To whom it my concern,My partner was an illegal immigrant living in the UK as such for 5 years. We met a year ago (17 Jan 2009) fell in love and got engaged. He has no criminal record here in UK or India and has never applied for citizenship in the UK. He has returned to India (6 weeks ago) as it took 5 months for his passport to be issued from the Embassy of India-UK. I am flying out to India with my family on the 6 Feb 2010 as we are getting married on 21 Feb 2010. My understanding it that he must complete a VAF4A form (settlement visa) and we must provide the correct supporting documents; 12 months payslipsP60Mortgage agreementBillsBank/credit statementsRelationship items (phone bills/photo's/greeting cards)Photocopy of my passport that has been certified by my solicitor.I currently rent my property that I purchased on a 6 months contract only as to help me save some money towards the wedding and furniture as after we marry we hopefully intend to live there. (should I take this information with me?)My question to you is what is the likey hood that my partner will be granted the settlement visa based on the information above.Kind reagrdsConcerned and worried.
Province/Country relating to question : India
UK visa website and Home office website
If you are currently renting then this acceptable so long as you are able to make the rental payments and will have sufficient income to support and maintain your partner until he chooses to find work. You should also obtain a letter from the landlord giving his consent to your husband to live with you and evidence of utility bills for that address. You could also obtain HM Land Registry Office Copies relating to title.
Payslips should be backed up by P60’s and an official letter from your employer.
You should provide clear evidence of your past relationship with your partner and considering he was here for 5 years then this should be straightforward. You could obtain supporting letters from friends and family to confirm their knowledge of your past relationship.
Based on this answer and what you say you should be fine.
Trust this answers your question.
Please don’t forget to click accept! And I will be glad to offer some additional information at no extra charge.
Thank you for your response, however reading form your reply prehaps I have not made a few points clear, hence this hasn't answered the points below:
I(1) purchased a property in July 2009 and to save money for the wedding and furniture I (as the landlady) have rented out my property for 6 months only (from Sept 09-Feb 2010) I have a copy of the tencacy agreement. Should I delcare this information to the Visa entry officer and on the VAF4A form? We intend to move in on our return from India.
(2) My partner has lived here for 5 years, but I met him in Jan 2009 and have relationship documents for this one year period to the present day only. Evidence of photo's include our Indian engagement, my newly purchased property, day's out and special occasions etc.
(3) Please could you confirm how long the process in India takes for this kind of Visa as I am only there for 6 weeks.
If you own and rent a property then this demonstrates you are in receipt of additional rental income and that you or your partner are therefore less likely to be a risk to public funds - so yes, you should provide evidence of this including ownership papers in relation to the property.
What you say in point number 2 seems fine.
90% of settlement applications are decided within 60 days (8 weeks) so your partner might need to start the process before you leave for India.
Thank you again for your prompt relpy. I have put together a file of the information that they may request to see, please confirm if it will be sufficent?
- Original birth certificate
- Passport photocopy certified by my solicitor & orginal passport
- P60 & offical letter from my employer
- 12 months of wage slips
- 12 months bank statement & credit card
- LTR tax form on purchase of property
- Mortgage completion statement
- Mortgage statment for the last year (on request form my bank)
- Buildings & contents insurance documents
- Life Insurance & mortgage payment protection docs
- Greeting cards
- Photo albuum
-Telephone bills & international calling cards for these last 4 weeks to contact my partner in India.
- Letters from friends & family (4 in total)
- Tenacy agreement contract
- Water/Gas/Electric bill prior to me letting the property
Also I have a letter from a family friend who will offer him fulltime employment in his LTD company on arrival until he finds suitable employment in his own trade/skill once qualified as my partner is a builder.
Also do I click on accept now or when this advice is completed?
Kindly click accept as I have provided you two separate answers so far and I will be happy to provide additional information at no extra charge once you do so.
13 years specialist skill in UK Immigration & Nationality Law
I have accepted, please provide the additional information as mentioned
A solicitor would need to have sight of all the documents to try predict how an entry clearance officer is likely to view and assess whether you and your partner meet the criteria.
You appear in my opinion to have provided a good volume of documents including spanning back 12 months in some cases and assuming there is satisfactory evidence based on your income level and type of accommodation you intend to live in to show you can maintain and accommodate your partner as would appear to be the case from what you say, then it would appear that you will be able to reasonably meet the criteria.
It’s impossible to know how the ECO might view some of the documents but assuming they are original documents containing all necessary information then I cannot see why the application would be refused.
If you are still worried then you should make an appointment to see qa solicitor and get a more thorough view of all the supporting documents.
Ok all my documents are orginal and I have also done photocopies too.
Thank you agian for all your advice it has been greatly appreicated. I live in the West Midlands I don't suppose you can recommend any good solicitor? Had bad expereince with the previos one.
I know of one good immigration solicitor that specialises in entry clearance appeals with a very good success rate particularly I believe from within India named Greenfields in Edmonton North London on Tel: XXX XXXX X166.
Best of luck.
Yes did ring but £59 for 30 mins is too much to pay....london prices. Will try some in Birmingham.
Thank you again for your advice most helpful.
Your welcome - although i can tell you that i charge a minimum of £75.00 per 30mins (discounted from £240.00 per hour - its not all profit!) so its really about paying a reasonble price for an appropriate level of service based on experience and skill - in accordance with Law Society guidance.
Best of luck with your case.
You are right and I have rethought and managed to book myself in for a telephone consultation.
Thank you and yes fingers crossed!
Best of luck!
Not sure if you remember me, but I got married in India on the 21.02.10 and my husband submitted his settlement visa application on the 05.03.10. It has been 11 weeks now and we have heard nothing. I have been on other UK visa website and they have adviced me that his visa wil be refused due to 320 (11) as he entered and lived in the UK for 5 years illegally.
Is this the case?
Any advice will be greatly appriecated.
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