Spouse visa rejected

I m writing this on behalf of my father. He got married in 1971 in Pakistan and lived there for 30 years and had kids.
In late ninties he applied for british passports for his kids and application was rejected but after DNA test british passports were issued to all of his childerens and he moved to uk with them.

Since he was retired and over 70 he did not have a job so his wife could not apply for spouse visa. But few years ago rules were changed and if somebody was receiving attendance allowance he did not need to have minimum income of 18600 to sponsor his wife. So his wife applied for visa in islamabad pakistan.

it was refused because there was no NiKA NAMA(marriage certificate) and no pictures provided and last time they met were 10 years ago when she came to uk on visit visa as tourist, and as the officer could not verify that he refused visa.

My question is can he appeal against the decision? He does not have Nikah Nama(marriage certificate) as back in 1971 in small village in pakistan it was not mandatory to have one and pictures are lost and even if he did have them they wouldnt be really usefull if they are 44 year old.
And can DNA report which clearly says he is the father of his children and she is the mother be used as evidence.
I know it does not prove that he is married to her but in pakistan they can not have childeren legally without getting married.(dont know if judge would agree with that as it doesnt work like that here in uk)

I think the DNA evidence might work with other proofs from all the children. Perhaps the question you might need to be prepared for is,how come the last time they met was 10 years ago and they claimed to still be married? May be if you can provide evidence to this effect, the appeal might work.
You obviously need proof of communication, evidence to show they're still together and reasons why the last time they met was 10 years ago.

How did he prove that he was legally married when he had applied for his children's Briitish passports? The DNA tests would not prove that he was married.

Even if he was legally married, he still has to show that it's subsisting.

vinny wrote:How did he prove that he was legally married when he had applied for his children's Briitish passports? The DNA tests would not prove that he was married.

Even if he was legally married, he still has to show that it's subsisting.

Statutory Declaration from third party who was present at wedding on Stamp paper. They didnt say anything at that time but this time they say " I note you have provided Statutory Declaration from third party who was present at wedding, this is not acceptable evidence. I note you have provided call records, however these in isolation do not evidence ongoing relationship"

Rayking wrote:I think the DNA evidence might work with other proofs from all the children. Perhaps the question you might need to be prepared for is,how come the last time they met was 10 years ago and they claimed to still be married? May be if you can provide evidence to this effect, the appeal might work.
You obviously need proof of communication, evidence to show they're still together and reasons why the last time they met was 10 years ago.

He was with his 2 young childeren who were underage at that time so could not leave them and also he than needed care himself after 2004 from relative and was checked by doctor and awarded attendance allowance in 2004. Why she didn't come to visit him well she can't because they wont allow her and visit visa is only for 6 months and travel expenses are too much for a pensioner.

Just a quick question. When i appeal can i submit marriage certificate now it was issued last week but it says marriage took place back in 1971. Would judge consider this as new evidence and reject it?

If your appeal was lodged before 28 July 2014, then probably not.

If it was lodged after, then yes you may do so.

Obie wrote:If your appeal was lodged before 28 July 2014, then probably not.

If it was lodged after, then yes you may do so.

Thank you for quick reply
We have NOT lodged the appeal yet, so i can used that than.

But i have got 1 question, have you linked those link in wrong order?

No i have not.

Obie wrote:No i have not.

It mostly mentions "removal of person from united kingdom"

If you don't mind can you quote the exact wording from that link which would apply to us. she is not in uk.

Thanks in advance

I cited the legal provision applicable to Entry Clearance appeal prior to 28July 2014 under 85(5) and the one applicable to Entry Clearance after 28 July 2014, following the changes made to 85(5) .

Obie wrote:I cited the legal provision applicable to Entry Clearance appeal prior to 28July 2014 under 85(5) and the one applicable to Entry Clearance after 28 July 2014, following the changes made to 85(5) .

Thank you very much. You have made my day i was really having a bad day. Thanks once again