Pakistan UK Spouse visa appeals

[2011maryam]

Hey everyone it's my first time on this, a bit of help would be greatly appreciated. So let me start, previously my husband was a overstayer his visa expired in 2009 the same year I met him. We got engaged in 2011, we put up a case of human rights in 2012 and it got rejected we then continued on to religious marriage (nikkah) in 2013. We was mislead by our solicitor at the time. Then we had a court hearing, and the judge felt we had a genuine relationship but he went on to say that I did not meet the financial requirements so the case got refused. Between all of this my husband got detained for 15 days. Last year, we thought that it was better for him to go back voluntarily, in order for me to apply for spousal visa,so that I could meet all the financial requirements so that he could return smoothly. In order for me to meet the requirement of earning and accommodation I worked 2 jobs. I applied for the spouse visa in November and it got refused yesterday. What I would like to ask is upon the refusal of my case the reasons given by the person who assessed my case was:

1) relationship not genuine
2) the second job I only obtained to meet the requirement
3) my husband when he got detained was accused of giving false identity (when he sat down in the station he gave his own name and details, but gave other information at the scene because he was in a vehicle who belonged to a friend)
4) they accused my husband for working without permission as they "saw" on his bank statements. However, his bank statements only show money coming in from myself and other family moments to support him as he was not working at the time.

The question I have is the options given by my solicitor is to appeal or to prepare for a review to take place of my case, my question is which one of this would you suggest and why?

Thank you,

Heena

Firstly so sorry about your refusal ino how down and upset u may be feeling at the moment but dont worry everything happens for a reason....
Looks like u have had a very long journey so far i hope everything is sorted quickly

Id like to just explain to u that "review" and "appeal" is one thing first it goes to a review which is a 15 week deadline in which the eco has the chance to change their mind, once deadline is up then u have to wait for a court hearing all this is a very lengthy process many of us have been waiting 4/5 months after our reviews being declined for court dates.

In your case i would say go for the appeal as they will keep refusing u if u apply again and u need to get your point across to them in court, i am 99% sure u won't get the visa at review stage as u have many strong refusal points.

Once u get a court date u should be able to explain all the situation to them regarding your husband and hopefully this will clear things up. On the point of your job id say keep the 2nd job going as if u leave it their point is then valid.

I really hope things work out for u sis

Goodluck x

Firstly, thank you for your quick response.

I would like to add that I have valid reasons and evidences against the points that they have claimed, wouldn't this make a difference?

Heena

My hubby was also a overstayer and we have a child aswell we didn't get it at review stage.
I have my hearing on Monday now

[MGH]

Hey everyone it's my first time on this, a bit of help would be greatly appreciated. So let me start, previously my husband was a overstayer his visa expired in 2009 the same year I met him. We got engaged in 2011, we put up a case of human rights in 2012 and it got rejected we then continued on to religious marriage (nikkah) in 2013. We was mislead by our solicitor at the time. Then we had a court hearing, and the judge felt we had a genuine relationship but he went on to say that I did not meet the financial requirements so the case got refused. Between all of this my husband got detained for 15 days. Last year, we thought that it was better for him to go back voluntarily, in order for me to apply for spousal visa,so that I could meet all the financial requirements so that he could return smoothly. In order for me to meet the requirement of earning and accommodation I worked 2 jobs. I applied for the spouse visa in November and it got refused yesterday. What I would like to ask is upon the refusal of my case the reasons given by the person who assessed my case was:

1) relationship not genuine
2) the second job I only obtained to meet the requirement
3) my husband when he got detained was accused of giving false identity (when he sat down in the station he gave his own name and details, but gave other information at the scene because he was in a vehicle who belonged to a friend)
4) they accused my husband for working without permission as they "saw" on his bank statements. However, his bank statements only show money coming in from myself and other family moments to support him as he was not working at the time.

The question I have is the options given by my solicitor is to appeal or to prepare for a review to take place of my case, my question is which one of this would you suggest and why?

Thank you,

Heena

Hi, I think your husband was refused under paragraph 320(11) this is a discretionary refusal, overstaying alone cannot be used as a reason for refusal, there have to be aggravating circumstances, eg, absconding, deception, using false identity, there is a long list. This can be used as a reason for refusal every time you apply. You will have to go to court and explain to the judge. I have had my spouse visa appeal heard last week, my reason for refusal included overstaying and absconding. I am currently awaiting the decision of the tribunal.

[2011maryam]

Hey everyone it's my first time on this, a bit of help would be greatly appreciated. So let me start, previously my husband was a overstayer his visa expired in 2009 the same year I met him. We got engaged in 2011, we put up a case of human rights in 2012 and it got rejected we then continued on to religious marriage (nikkah) in 2013. We was mislead by our solicitor at the time. Then we had a court hearing, and the judge felt we had a genuine relationship but he went on to say that I did not meet the financial requirements so the case got refused. Between all of this my husband got detained for 15 days. Last year, we thought that it was better for him to go back voluntarily, in order for me to apply for spousal visa,so that I could meet all the financial requirements so that he could return smoothly. In order for me to meet the requirement of earning and accommodation I worked 2 jobs. I applied for the spouse visa in November and it got refused yesterday. What I would like to ask is upon the refusal of my case the reasons given by the person who assessed my case was:

1) relationship not genuine
2) the second job I only obtained to meet the requirement
3) my husband when he got detained was accused of giving false identity (when he sat down in the station he gave his own name and details, but gave other information at the scene because he was in a vehicle who belonged to a friend)
4) they accused my husband for working without permission as they "saw" on his bank statements. However, his bank statements only show money coming in from myself and other family moments to support him as he was not working at the time.

The question I have is the options given by my solicitor is to appeal or to prepare for a review to take place of my case, my question is which one of this would you suggest and why?

Thank you,

Heena

Hi, I think your husband was refused under paragraph 320(11) this is a discretionary refusal, overstaying alone cannot be used as a reason for refusal, there have to be aggravating circumstances, eg, absconding, deception, using false identity, there is a long list. This can be used as a reason for refusal every time you apply. You will have to go to court and explain to the judge. I have had my spouse visa appeal heard last week, my reason for refusal included overstaying and absconding. I am currently awaiting the decision of the tribunal.

MGH

Mine was exactly the same 320(11) -
How do u think it went with u?
Did u get a indication as to how it went?
Did u talk much or was it ur solicitor?
My dates on monday feeling so nervous

[MGH]

MGH

Mine was exactly the same 320(11) -
How do u think it went with u?
Did u get a indication as to how it went?
Did u talk much or was it ur solicitor?
My dates on monday feeling so nervous[/quote]

I think it went well, no indication from the judge, I made a lengthy submission, said much more than my solicitor, do you have a statement from your husband to give the judge? Any children from a previous marriage?

[worried1]

Hi
I appealed in December 2015
Money was taken out of account January 2015
Since then i have heard nothing
No email nothing
Please how do i contact the appeal courts to ask
What is the situation with my appeal
I have done a paper hearing.
Thankyou

[MGH]

Hi
I appealed in November 2015
Money was taken out of account December 2015
Since then i have heard nothing
No email nothing
Please how do i contact the appeal courts to ask
What is the situation with my appeal
I have done a paper hearing.
Thankyou

Do you have a solicitor? If so he will receive notification if the appeal has been successful at the review stage, usually takes around 15 weeks, why did you opt for a paper hearing? Would it not have been better to attend an oral hearing and present your case to an immigration judge in person?

[2011maryam]

MGH

Mine was exactly the same 320(11) -
How do u think it went with u?
Did u get a indication as to how it went?
Did u talk much or was it ur solicitor?
My dates on monday feeling so nervous

I think it went well, no indication from the judge, I made a lengthy submission, said much more than my solicitor, do you have a statement from your husband to give the judge? Any children from a previous marriage?[/quote]

MGH

I have pm u

[stillwaiting123]

Hi
I appealed in December 2015
Money was taken out of account January 2015
Since then i have heard nothing
No email nothing
Please how do i contact the appeal courts to ask
What is the situation with my appeal
I have done a paper hearing.
Thankyou

U should recieve a review deadline date in 2/3 weeks inshallah

[farrukh786786]

@rosie.x and all others with February deadline did all you check your status through shieffield.islambad ???
Kindly update with good news In sha ALLLAH

[worried1]

Hi
I appealed in November 2015
Money was taken out of account December 2015
Since then i have heard nothing
No email nothing
Please how do i contact the appeal courts to ask
What is the situation with my appeal
I have done a paper hearing.
Thankyou

Do you have a solicitor? If so he will receive notification if the appeal has been successful at the review stage, usually takes around 15 weeks, why did you opt for a paper hearing? Would it not have been better to attend an oral hearing and present your case to an immigration judge in person?

The only reason a paper hearing was done, was because
We didnt send in any chat history, and they said that
P60 is fake and one month no NI or tax was being paid
One of the western union slip wasnt signed so they
Belived no mony was transferd
And finally why my spouse lives in a seperate town to
Where spouse works
Ok we got chat history for a whole year
HMRC have given us letters with the same P60
That BHC said was fake and HMRC showd all contributiond
Upto date and are being paid
The western union receipts all in order showing
Money has been genuinly transferd
And also a letter confirming where i live has
Got nothing to do with how i go to work as in their minds
We are suposed to reject a job if it is not nxt door to
Where we live
Everything is there so they can see
There is nothing to debate about
That is why paper hearing was done

[stillwaiting123]

Hi
I appealed in November 2015
Money was taken out of account December 2015
Since then i have heard nothing
No email nothing
Please how do i contact the appeal courts to ask
What is the situation with my appeal
I have done a paper hearing.
Thankyou

Do you have a solicitor? If so he will receive notification if the appeal has been successful at the review stage, usually takes around 15 weeks, why did you opt for a paper hearing? Would it not have been better to attend an oral hearing and present your case to an immigration judge in person?

The only reason a paper hearing was done, was because
We didnt send in any chat history, and they said that
P60 is bad quality and one month no NI or tax was being paid
One of the western union slip wasnt signed so they
Belived no mony was transferd
And finally why my spouse lives in a seperate town to
Where spouse works
Ok we got chat history for a whole year
HMRC have given us letters with the same P60
That BHC said was bad quality and HMRC showd all contributiond
Upto date and are being paid
The western union receipts all in order showing
Money has been genuinly transferd
And also a letter confirming where i live has
Got nothing to do with how i go to work as in their minds
We are suposed to reject a job if it is not nxt door to
Where we live
Everything is there so they can see
There is nothing to debate about
That is why paper hearing was done

Sounds like u have some strong grounds
Inshallah should go in your favour

[worried1]

BHC also said that P60 is fake
Now HMRC had alot to say about that
They sent the same P60 with the HMRC stamp
So lets see how BHC can wriggle out of this one lol

[farrukh786786]

@worried1 did you involve a solicitor ?? Infact nearly everyone who chooses to appeal have strong evidences but the fact is BHC want to play things and make things complicated , in my opinion you have A LOT of refusals points you should choose oral hearing options as you can see just for english test refusal are waiting for court and got unsuccessful review.
Dont make u feel down but want to help u May Allah make u luckiest to win at review stage.Did your solicitor wrote a strong grounds of appeal letter ??

[MGH]

BHC also said that P60 is bad quality
Now HMRC had alot to say about that
They sent the same P60 with the HMRC stamp
So lets see how BHC can wriggle out of this one lol

Good luck and all the best.

[farrukh786786]

I really dont understand bhc behaviour in Pakistan let check Indain appeal timeline India bhc reviews every case within 28 deadline time and reviews it with such a honesty but here in ISLAMBAD they have double standards ,here one sister got review unsuccessful with the same reason of refusal of english test and she provided same evidences like one who got successful .Still BHC want to play things you should provide every single thing with strong ground of appeal so they couldnt reject u .
You have waited too long for notice of appeal ,I'm afraid it seems u had missed ground of appeal section isnt ?

[worried1]

@worried1 did you involve a solicitor ?? Infact nearly everyone who chooses to appeal have strong evidences but the fact is BHC want to play things and make things complicated , in my opinion you have A LOT of refusals points you should choose oral hearing options as you can see just for english test refusal are waiting for court and got unsuccessful review.
Dont make u feel down but want to help u May Allah make u luckiest to win at review stage.Did your solicitor wrote a strong grounds of appeal letter ??

The solicitor has put in very strong words on the cover
Letter
All these things that the visa was refused, BHC could
Have asked for them, but they did not do this
As in other cases i know paperwork was asked
And once recieved visa was issued
They refused the visa on minor things that could have
Been resolvec if asked for.
If ALLAH wills whether paper or hearing in shaa ALLAH
My appeal be accepted
People go from london to birmingham to work
So that was no excuse
Chat history they could have asked for
They could have asked for the HMRC letter
They could have asked why i am living in seperate town
To where i work
The western union reciepts are all in order
The reason was as one reciept was not signed
So they believe no mony was transfered
But we also have receipt of the agency where
Money was transferd
All these things are minor
Which they could have asked for
As BHC have been calling sponsers to ask qestions
So in shaa ALLAH
ALLAH wills

[farrukh786786]

@worried1 good luck then !!

[farrukh786786]

Dcfitness did u recieve any confirmation of ur decision being overturned or a call in letter ?

[asif_sharif]

still waiting

[stillwaiting123]

still waiting

Snap!

Don't worry inshallah this year we will be with our spouses

[asif_sharif]

was supposed to get a decision on wether my case is going to get expedited got the call on the 29th saying that a letter is in the post STILL NOTHING !

[stillwaiting123]

was supposed to get a decision on wether my case is going to get expedited got the call on the 29th saying that a letter is in the post STILL NOTHING !

What will the letter contain!?
And whos it from?

[asif_sharif]

was supposed to get a decision on wether my case is going to get expedited got the call on the 29th saying that a letter is in the post STILL NOTHING !

What will the letter contain!?
And whos it from?

a decision on expediting my case. some lady higher up in the courts tribunal sevices fran/francis levente

[stillwaiting123]

was supposed to get a decision on wether my case is going to get expedited got the call on the 29th saying that a letter is in the post STILL NOTHING !

What will the letter contain!?
And whos it from?

a decision on expediting my case. some lady higher up in the courts tribunal sevices fran/francis levente

Can anyone get it done? Or is it just so u can get a quicker date?

[farrukh786786]

still waiting

did u send any evidences to support ur expedite request or just ur mp requested tribunal ? How do u know that lady name ??