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ashmita (executive)     03 September 2012

Nri case

goodevening respected all the experts......this query is related to my friend.... she got married to a uk based nri...he took her to london on family visit visa....she came back to india after 4 months just to save her life.....then she filed dv act cases..and all other cases....then after almost 2 years court fixed her maintenance in delhi.....but her hubby doesn't comes to india.... then later she thought of going back to london and fight the case there....while applying for visa she filled up the form stating that she is married..and to show her source of income she mentioned that she is earning a package of 80,000rs every month....and that for next 2 years she will not leave her job bcoz of the company's bond.....but the reality is that she is earning hardly 10-16000rs every month on free-lancing....and she even mentioned the number of her hubby on the visa form....now her visa has been refused....she doesn't know the reason exactly..... most probably visa officials must hv contacted her hubby and he must hv come to know that his wife has stated abt her salary....sir can you please tell can her hubby show that as a proof in the court that his wife is earning 80,000rs every month? how can she save herself.....? since in the court she has shown that she is hardly getting 10,000pm..and in the visa form she has written that she is gtng 80,000pm....



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 9 Replies

MRRpersonality (Knows very little about Indian laws)     03 September 2012

She might have been told about the reasons for the visa rejection atleast orally.  They must have seen documentation irregularity or inconsistency with her application, or might not have seen enough reasons for her to visit.   UK allows for appeals, she can appeal for reconsideration.  If appeal does not work, then she can definitely re-apply.  May be there are certain violations during her previous visit to UK.

 

It is unlikely that they would have contacted her husband.

 

A simple straight forward suggestion for your friend that she should stop manipulating documentation for her convenience.  Will be harmful to her own self.  

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 September 2012

If the above information is true - she is not entitled to any maintenance. 

IF it is false - she can be prosecuted for having misrepresnted. Cheating proceedings can be initated against her, and she'd have a tough time getting maintenance, and rebutting her OWN Admission. 

1 Like

ashmita (executive)     03 September 2012

both the above experts.....thanks for the respond...... at present visa officials have asked her to show the proofs related to her salary..for this she will file an application stating some valid reason in order to save herself...... on the other hand she has stated in the form that she is married..and that her parents maintain her and that her husband has transferred some money from uk to her bank account.....so should she show those transactions? honestly her hubby has transferred 1 lakh rs in her account in all these 3 years....she is also planning to disclose the reality that her hubby doesn't take her back..and that she has filed few complaints also..and that her uncle stays in uk..and he is trying to settle the issue between them (thats the truth also) ..so that s why she wnts to visit uk.....so sir is it ok ?? uk officials might reconsider

MRRpersonality (Knows very little about Indian laws)     04 September 2012

She stated that she has a remuneration of Rs 80,000/- and is working in a company, without submitting the pay slips and verification of employment letter.  The visa officer is right in rejecting the application and requesting such proofs.  At this stage, the visa officer wants to see only the documentation that he has requested her to submit.  Failing to submit the requested documentation,  and instead going back with some other explanation will prove beyond doubt that  she indeed made false statements in the previous application a.  Any further attempts to convince them with some other explanations will only trigger questions in their mind that she might potentially illegally stay in the country and she will be denied entry to UK for 10 years for misrepresenting in  the via application process.  I advise against any such further attempts unless you have different facts or more information then you can talk to an immigration lawyer in person and find the correct remedy.

 

People need to understand that there is a big price to pay for  lies, be it in public or in private life.  As Bharat sir pointed out in the post earlier, she could even have been prosecuted for the false statements.  It is best to find ways to execute the DV court's order of maintenance in an appropriate manner.

 

As a matter of fact,  I sincerely appreciate your courage and honesty in presenting the facts without manipulation and seek the correct remedy at this juncture.

ashmita (executive)     04 September 2012

@ MRR sir: thanks a lot for the right opinion...... how should she save herself ? contacting an immigration lawyer would be right and proper at this stage ?

MRRpersonality (Knows very little about Indian laws)     04 September 2012

Save herself from what ? 

ashmita (executive)     04 September 2012

if suppose her husband comes to know about her visa thing that she has falsely stated about her salary....or if court comes to know about it..... its quiet possible that if her husband comes to know about her visa thing then he will show all this in the court.....

MRRpersonality (Knows very little about Indian laws)     04 September 2012

The visa applicaton is rejected for needing proof of income/employment, and stands rejected until such proof is given to them. Her husband has no access to this application at the visa office.


(Guest)

no wonder .....fools often get rejections ! ! god bless her husband ;)


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