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visa and appeal refusal

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Amo2012
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visa and appeal refusal

Post by Amo2012 » Wed Nov 24, 2010 8:56 am

thanks for ur reply ..........but what i want to know is
1- what visa will she get if she applies to give her plab 2 exam in uk????????????/

2-if she enters as a student in uk as per tier 4 then can she file a new case for spouse visa from london only......is it allowed to change ur immigration status when ur on a student visa in uk by fulfilling all the requirements for spouse visa....................

geriatrix
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Re: visa and appeal refusal

Post by geriatrix » Wed Nov 24, 2010 9:33 am

ultragujar wrote:1- what visa will she get if she applies to give her plab 2 exam in uk????????????/
Business visitor. Not possible to change immigration status from within UK.
ultragujar wrote:2-if she enters as a student in uk as per tier 4 then can she file a new case for spouse visa from london only......is it allowed to change ur immigration status when ur on a student visa in uk by fulfilling all the requirements for spouse visa....................
Possible.


regards

Amo2012
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visa and appeal refusal

Post by Amo2012 » Fri Nov 26, 2010 2:06 pm

batleykhan wrote:
would have been to get your nikah done again in Pakistan after your divorce absolute and show the ECO that you got married after the divorce absolute. This however could be regarded as deception as in fact you had done your nikah with your Pakistani wife before, so may not be a good option and i would not recommend this.
In what way would this be classed as deception. The ECO is already aware that you had got married before you got your DA.Therefore carrying out a second nikkah after obtaining a DA and reapplying would in my opinion make no difference. Also it is not an offence for the same couples under Pakistani or Islamic or law to carry out a second nikkah to the same person.

Re-registering your marriage should not be a problem as long as you pay the fees. You will obviously have to use this date as your official marriage date and not the first one

I would think that Minty second point is more likely to be deception as applying for a fiance visa, when infact teh ECO is already aware that you are married albeit not for Uk Immigartion legislations.
hi all....

cud u please let me know the way to fill in the form for remarrying purpose, i mean, will it be the same nikah nama form that was used firstly when i was getting married to my wife in pakistan or will it be a different nikah nama for cases like ours.
if its the same nikah nama that was filled earlier by the qazi sahib then what shud we write in the column that says the status of the bride and the groom at the time of getting married....point 5 in nikah nama that says
"wether the bride is a maiden,widow,divorcee"........earlier we wrote maiden...so what shud we write now???/

thanks

sam2008
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Post by sam2008 » Tue Nov 30, 2010 1:18 pm

hello everybody,
i have the same case like ultragujar......could not get spouse visa due to the fact that our marriage date was before the date of my husband's decree absolute from his previous marriage...

got some questions if someone can help:
what if my husband(british citizen)go to the germany or any other european country, settling down there and sponsoring me for the spouse visa for that country, will it affect my case in the same way or the rules are different for european countries..............
in another scenario, if german or european laws are same like uk regarding marriage then what if i do get a student visa for germany, can i get marry to my husband there in germany on student visa to make our marriage valid under european laws.....

your advice is much appreciated.............

pennylessinindia
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Post by pennylessinindia » Wed Dec 01, 2010 3:37 pm

avjones wrote:that's the confusing bit, then. You got ILR on the basis of the marriage, but you'd already gone through a divorce you considered valid before that. So the marriage wasn't present and subsisting, unless I've missed something.
Interesting that the OP choose to ignore this point
pennyless

avjones
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Post by avjones » Wed Dec 01, 2010 9:38 pm

pennylessinindia wrote:
avjones wrote:that's the confusing bit, then. You got ILR on the basis of the marriage, but you'd already gone through a divorce you considered valid before that. So the marriage wasn't present and subsisting, unless I've missed something.
Interesting that the OP choose to ignore this point
On the face of it, looks pretty dodgy.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

Amo2012
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visa and appeal refusal

Post by Amo2012 » Fri Dec 03, 2010 4:18 pm

hi avjones and pennylessinindia:

please see below my case in short and advice me on that too , also please inform me what's dodgy in it:

married with BC in 2004
got ILR on the bases of marriage with BC in Oct 2006
married ended islamically on Nov 2006(though it is not recognized by UK laws)

2nd marriage to Pakistani citizen on Apr 2007 in pakistan
Baby born on Apr2008

got DA from british court from BC wife on May 2009

applied for my wife(pakistani)'s spouse visa on jul 2009

got british citizen in 2010


do you think that i have broken any law of any court.........

kind regards,

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