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immi4u
Junior Member
Joined: 21 Jun 2012
Posts: 16
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 Posted: Sun Aug 26, 2012 1:01 pm Post subject: |
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| king2be98 wrote: | Immi4u,
What were the reasons for your refusal and how did you prepare your grounds for appeal. Did you do it yourself, or are you going to have legal representation if it goes to court? |
Mine was refused on paragraph 281 (iii) subsisting marriage ....... I have not include any kind of communication with the original file except few photograph of our wedding but now send extra evidences of communication including email, Skype log, kik messanger conversation, text messages( while in Pakistan), international SMS exchanged, few greeting cards . It's about more than 100 pages conversational record . My appeal has been lodged via legal representative in uk.........
Hope these things will satisfy ECM ...... Thinks so
Cheers |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Tue Aug 28, 2012 8:46 am Post subject: |
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| immi4u wrote: | Hope these things will satisfy ECM ...... Thinks so
Cheers |
Yes if you provide evidence of communication then it's regarding whether or not they believe the marriage is subsisting or not, in this case if you provide an overwhelmingly large amount of supportting documentation proving this you will win. Something as straightforward as this, you didn't even need a lawyer for, but as with everyone else here. If they look at your case before the deadline, they will withdraw their original decision and you will be granted a VISA, whether that happens or not remains to be seen. |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Thu Sep 06, 2012 10:32 am Post subject: |
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immi4u,
Do you have any updates regarding your appeal? |
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immi4u
Junior Member
Joined: 21 Jun 2012
Posts: 16
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| Posted: Thu Sep 06, 2012 3:12 pm Post subject: |
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| king2be98 wrote: | immi4u,
Do you have any updates regarding your appeal? |
No not yet .... Still waiting from ECM to review with in the time given to them
What about ur case have u heard anything? |
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Mandarin
Member
Joined: 26 Jan 2012
Posts: 71
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| Posted: Thu Sep 06, 2012 3:24 pm Post subject: |
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Need a number or email address to book a TB test. I called Gerry's but they said the following number is the only one they have:
111 466 472
And it is perpetually busy! |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Fri Sep 07, 2012 7:26 am Post subject: |
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| immi4u wrote: |
Still waiting from ECM to review with in the time given to them
What about ur case have u heard anything? |
Our passport is handed in, should get it back soon, I'd say another few days, so not long for us.
As for yours, the good news is that there's a massive increase recently of the number of ECM reviews that actually take place, before they often didn't happen.
4 current appeals for members on this site immi4u and all have had their appeal withdrawn by the ECM and all are handing in their passport or have already handed them in. |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Fri Sep 07, 2012 7:33 am Post subject: |
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| Mandarin wrote: | Need a number or email address to book a TB test. I called Gerry's but they said the following number is the only one they have:
111 466 472
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My wife called the following number 051-111-466-472 and got a test, said only had to wait a couple of mins in queue, mind you, she did call about 9am to book, so have a go again. |
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twonations
Junior Member
Joined: 31 Jul 2012
Posts: 18
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| Posted: Fri Sep 07, 2012 5:53 pm Post subject: |
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| twonations wrote: | | twonations wrote: | Salams everyone, recieved txt for collection yestrday at 4 pm, was told to pick it up today at 2-3 pm. Went to gerrys isb. Visa refused. 123 days wait. My wife and i have been married 77 years, she and our 2 sons are British. And we have been living here in Pak ever since our marriage. I run a US call center and had submitted all the relevant docs along with a $40 k bank statement. Since we are all here had stated we will be living my brother in law in the UK initialy and then would move into our own place since we have enough fiunds.
The ECO stated the following observations for refusal:
1. No proof of tenancy for brother in law
2. $40k savings account shows no transactions
3. The funds shown are presumably not yours
He or she also states that based on these probabilities the visa is refused.
My wife and I are distressed, devastated, depressed, fatigued and clueless
They have given an appeal from and i have 28 days, I have sufficient company accounts and a relative ti show a tenancy contract who is also the landlord and can provide a letter stating ample of room for us to stay initially till we find our own.
How can the ECO assume that the funds are not ours when they checked my bank account which is my name. And its a personnal savings account??? How unethical and brutal
Brothers and sisters we are down and any suggestions on how to go about the appeal will be a great help, also does a judge hear the appeal, and should we expext something better from him/her.
May Allah have mercy upon us. Ameen |
King,
I really appreciate the time you took out to jot down this detailed guide and a headsups.
As for the Funds, I had shown a personnal bank statement as they had asked for it, but I have sufficient Company Bank account statements to show the transactions...ample of proof..
As for the tenancy here are the problems:
My brother in law currently rents out a two bedroom apartment, which as per the 'adequate accommodation requirements' is not enough for us and our two sons below the age of 10
As we are both outside the UK, it really beats me how and why would they expect to satisfy this pre-condition when we havent even reached there and have not been issued a visa yet.
I mean how many relatives would one have who would have 2 rooms vacant for the next 6 months for us or for anyone for that matter.
Now since we have the funds and with additional company accounts shown would prove the it is MY money and funds, therefore when we get there we can rent a property
or Should my brother in law, rent out a 3 bedroom and send back a tenancy agreement, also showing the landlords permission for us to stay there when we get there after 6 months IF the appeal is successfull, the problem there is, neither my brother in law can afford the upkeep of the 3 bed house/apartment or we pay for it where we wont live for the the next 8 months and god knows if ever. There has to be some other way around this? Right?
What if my wife were to travel to the UK and rent an apartment within this week, since we have 25 days to go, attach the tenancy contract which would be on my brother in law and her name to the appeal with all the other financial proof and send it by post there? She can either take the kids with her or leave them here with me, in any case which would be ripping us apart, and wait for the appeal there, to show up in person if it ever gets to the court, would this ensure a better outcome? would this be the right thing to do, because sitting here in the limbo for another 8 months after the previous 6 months looks like a nightmare....kindly would appreciate you and all to suggest...would her representing our case make it stronger, since we applied in march and the appeal is considered part of the same on going process so therefore the 18600 earning precondition does not apply?
Or should we hire a lawyer, where at? and how? How would he or she be able to expedite the process and ensure a better judgement given the current ridiculous tenancy problem we we face?
This forum has been a great help to others, and I thank all in advance for all the support, King, your input certainly came as fresh air.
Looking forward to your suggestions
W/salam |
22 days to go for appeal
We have decided to do an an online appeal this week, followed by sending the supporting documents as proof for:
1. A cousin's letter who owns a house and has 3 spare bedrooms to meet the adequate accomodation refusal point
2. My previous Company bank statements to show ample of earning as proof for the 'Savings account statement i had provided with the application" which they objected to doubting it to be my money. Its been there 9 months now anyways.
I have three Questions, and i would be very kind if someone can asnwer/advise
Q1. Is my cousins letter enough or will anyother documents from her be needed? that i should be attaching to the supporting documents?
Q2. Since we will be requesting for a an Oral Hearing instead of a paper hearing, I will be naming my wife as the representative, who I plan to send over if ever gets to court...would this be the right thing to do? Or make the case stronger?
Q3. Since we applied back in march, do the new rules apply on the appeal or is it considered as part of the ongoing process of the march application submitted, since as per the Old rules she needs not earn 22000 a year, which she cannot do anyways since we are both living outside the UK been married 7 years. She is British national so therefore can appear for the hearing in person?
Expert Advice will be greatly appreciated, I am on a critical stage and do not want to make any more mistakes on the appeal.
Best Wishes |
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Takesforever
Newbie
Joined: 29 Aug 2012
Posts: 3
Location: Karachi
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| Posted: Sat Sep 08, 2012 12:07 pm Post subject: |
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| twonations wrote: | | twonations wrote: | | twonations wrote: | Salams everyone, recieved txt for collection yestrday at 4 pm, was told to pick it up today at 2-3 pm. Went to gerrys isb. Visa refused. 123 days wait. My wife and i have been married 77 years, she and our 2 sons are British. And we have been living here in Pak ever since our marriage. I run a US call center and had submitted all the relevant docs along with a $40 k bank statement. Since we are all here had stated we will be living my brother in law in the UK initialy and then would move into our own place since we have enough fiunds.
The ECO stated the following observations for refusal:
1. No proof of tenancy for brother in law
2. $40k savings account shows no transactions
3. The funds shown are presumably not yours
He or she also states that based on these probabilities the visa is refused.
My wife and I are distressed, devastated, depressed, fatigued and clueless
They have given an appeal from and i have 28 days, I have sufficient company accounts and a relative ti show a tenancy contract who is also the landlord and can provide a letter stating ample of room for us to stay initially till we find our own.
How can the ECO assume that the funds are not ours when they checked my bank account which is my name. And its a personnal savings account??? How unethical and brutal
Brothers and sisters we are down and any suggestions on how to go about the appeal will be a great help, also does a judge hear the appeal, and should we expext something better from him/her.
May Allah have mercy upon us. Ameen |
King,
I really appreciate the time you took out to jot down this detailed guide and a headsups.
As for the Funds, I had shown a personnal bank statement as they had asked for it, but I have sufficient Company Bank account statements to show the transactions...ample of proof..
As for the tenancy here are the problems:
My brother in law currently rents out a two bedroom apartment, which as per the 'adequate accommodation requirements' is not enough for us and our two sons below the age of 10
As we are both outside the UK, it really beats me how and why would they expect to satisfy this pre-condition when we havent even reached there and have not been issued a visa yet.
I mean how many relatives would one have who would have 2 rooms vacant for the next 6 months for us or for anyone for that matter.
Now since we have the funds and with additional company accounts shown would prove the it is MY money and funds, therefore when we get there we can rent a property
or Should my brother in law, rent out a 3 bedroom and send back a tenancy agreement, also showing the landlords permission for us to stay there when we get there after 6 months IF the appeal is successfull, the problem there is, neither my brother in law can afford the upkeep of the 3 bed house/apartment or we pay for it where we wont live for the the next 8 months and god knows if ever. There has to be some other way around this? Right?
What if my wife were to travel to the UK and rent an apartment within this week, since we have 25 days to go, attach the tenancy contract which would be on my brother in law and her name to the appeal with all the other financial proof and send it by post there? She can either take the kids with her or leave them here with me, in any case which would be ripping us apart, and wait for the appeal there, to show up in person if it ever gets to the court, would this ensure a better outcome? would this be the right thing to do, because sitting here in the limbo for another 8 months after the previous 6 months looks like a nightmare....kindly would appreciate you and all to suggest...would her representing our case make it stronger, since we applied in march and the appeal is considered part of the same on going process so therefore the 18600 earning precondition does not apply?
Or should we hire a lawyer, where at? and how? How would he or she be able to expedite the process and ensure a better judgement given the current ridiculous tenancy problem we we face?
This forum has been a great help to others, and I thank all in advance for all the support, King, your input certainly came as fresh air.
Looking forward to your suggestions
W/salam |
22 days to go for appeal
We have decided to do an an online appeal this week, followed by sending the supporting documents as proof for:
1. A cousin's letter who owns a house and has 3 spare bedrooms to meet the adequate accomodation refusal point
2. My previous Company bank statements to show ample of earning as proof for the 'Savings account statement i had provided with the application" which they objected to doubting it to be my money. Its been there 9 months now anyways.
I have three Questions, and i would be very kind if someone can asnwer/advise
Q1. Is my cousins letter enough or will anyother documents from her be needed? that i should be attaching to the supporting documents?
Q2. Since we will be requesting for a an Oral Hearing instead of a paper hearing, I will be naming my wife as the representative, who I plan to send over if ever gets to court...would this be the right thing to do? Or make the case stronger?
Q3. Since we applied back in march, do the new rules apply on the appeal or is it considered as part of the ongoing process of the march application submitted, since as per the Old rules she needs not earn 22000 a year, which she cannot do anyways since we are both living outside the UK been married 7 years. She is British national so therefore can appear for the hearing in person?
Expert Advice will be greatly appreciated, I am on a critical stage and do not want to make any more mistakes on the appeal.
Best Wishes |
Salam,
my case is quite similar to yours apart from a few things, i would like to advise from my own experience.
i also have been living back in Pakistan for the last six and half years, and also have 2 kids all family being British apart from myself but have myself lived and studied in the UK for over 6 years and all through the years that we have lived here we have visited the Uk for atleast twice every year as my inlaws reside there and have many friends and family there.
Now as you can see from my signature by the Grace of Alllah recieved the visa yesterday although with a glitch as they want me to take a Life in the Uk test once i am in the Uk and thus apply straight away for Indefinite, they overlooked the fact that i already have a pass certificate for the same which was submitted with the application. My solicitor in the Uk is dealing with the Embassy to get it resolved. Bottom line being though that visa has been granted.
The pont of telling you the background being so as to tell you of the similarities with our cases with both myself and the mrs being here in pak.
As far as your accommodation factor, what i was advised from my solicitor was to get in touch with estate agents in the area where i want and ask them for your requirements and the time when you are plannin to move, they will start sending you details of appropriate properties. All such correspondence should be submitted with the application, thus showing the ECM that is what you plan to do once you land. i could have submitted a letter from my father or brother in law to stay with them, but the solicitor advised that you would need to show a council certificate and property documents to show that there is vacant space. Also being a family with 2kids you need two bedrooms excluding the lounge.
As far as your funds are concerned you need to show where the funds have come from with all reciepts and deposit slips, cheques copies ( obviously this being in the case that funds are coming all of a sudden for example sale of car or gift etc), if it is from your company in the shape of salary, commissions or bonuses this should be shown with the due pay/commission/bonus slips. Also to be included should be your tax certificates for each year.
Basically all money being deposited into your accounts should be accounted for, ECM should be able to track all money coming in.
Your third point of refusal is related to the second. if you can satisfy these points i dod not think that it would go to court and you would not need to send your wife.
Everything needs to be explained in detail in a cover letter so as the ECM to understand all such transacations.
Also as you are appealing the same regulations are applicable to yourself as when you applied thus no need to worry bout the minium wage requirement.
Hope some of this can be of help to yourselves, do feel free to pm me for any other questions.
_________________
Application submitted: KHI: 08/03/12
Under process @ BHC: 21/03/12
RFC: 07/09/12
Visa Granted |
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twonations
Junior Member
Joined: 31 Jul 2012
Posts: 18
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| Posted: Sun Sep 09, 2012 8:42 am Post subject: |
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Thanks for the input 'Takesforever'
Can anyone kindly tell me what the difference between an oral hearing and a paper hearing is?
of what i have read on the www.justice.gov.uk is a bit confusing
Does an Oral hearing mean the paper hearing is over ridden or if I appeal via the paper hearing, it is the end of it???
Kindly please hurry, since i need to put an appeal in as soon as possible online.
Also my above questions remain partially unanswered, of someone can be more specific I would really appreciate it.
Takesforever Congrats on your visa, you have put another ray of hope for us. Thank you. |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Sun Sep 09, 2012 10:12 am Post subject: |
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| twonations wrote: | Q1. Is my cousins letter enough or will anyother documents from her be needed? that i should be attaching to the supporting documents?
Q2. Since we will be requesting for a an Oral Hearing instead of a paper hearing, I will be naming my wife as the representative, who I plan to send over if ever gets to court...would this be the right thing to do? Or make the case stronger?
Q3. Since we applied back in march, do the new rules apply on the appeal
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I'm not an expert, but I can help you on these questions.
A1. You will need your cousin to provide a title deed, which can be printed off online for about £10. This is a document which shows who owns the property and what the status of the house is. Without evidence outright that your cousin owns the property, you may not get a withdrawal on the review stage and they may take you to court.
A2. Most people send the spouse or a lawyer to to the hearing, it's not like those massive court cases you see on TV, it's a very small hearing with just a handful of people and the average person can easily handle the situation. You have no problems here, just tell your wife to tell the truth on every matter and provided you meet all the criteria, the judge will rule in your favor.
A3. The old rules apply, anyone who applied before July 9, if they are refused, the appeal will be handled according to the laws before July 9. As you applied with those rules in place not the new ones. Basically your argument and anyone's would be, I applied knowing the old rules and not the new ones, hence nothing to worry about there. If you meet the criteria of the old rules you'll get your overturned decision. If you apply this week online. Then expect a notice of pending appeal in mid October and a deadline date of somewhere in Feb, with a possible court date in April. Hopefully it doesn't go that far though. |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Sun Sep 09, 2012 10:15 am Post subject: |
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| twonations wrote: |
Can anyone kindly tell me what the difference between an oral hearing and a paper hearing is?
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An oral hearing is one where you attend court to fight for your case. A paper hearing is one where you don't, the judge analyses by himself and decides accordingly. Most people like oral hearings because if the judge has any issues or is confused about something, he can ask you there and you can answer, with a paper hearing you can't do that. |
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twonations
Junior Member
Joined: 31 Jul 2012
Posts: 18
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| Posted: Sun Sep 09, 2012 1:33 pm Post subject: |
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| king2be98 wrote: | | twonations wrote: | Q1. Is my cousins letter enough or will anyother documents from her be needed? that i should be attaching to the supporting documents?
Q2. Since we will be requesting for a an Oral Hearing instead of a paper hearing, I will be naming my wife as the representative, who I plan to send over if ever gets to court...would this be the right thing to do? Or make the case stronger?
Q3. Since we applied back in march, do the new rules apply on the appeal
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I'm not an expert, but I can help you on these questions.
A1. You will need your cousin to provide a title deed, which can be printed off online for about £10. This is a document which shows who owns the property and what the status of the house is. Without evidence outright that your cousin owns the property, you may not get a withdrawal on the review stage and they may take you to court.
A2. Most people send the spouse or a lawyer to to the hearing, it's not like those massive court cases you see on TV, it's a very small hearing with just a handful of people and the average person can easily handle the situation. You have no problems here, just tell your wife to tell the truth on every matter and provided you meet all the criteria, the judge will rule in your favor.
A3. The old rules apply, anyone who applied before July 9, if they are refused, the appeal will be handled according to the laws before July 9. As you applied with those rules in place not the new ones. Basically your argument and anyone's would be, I applied knowing the old rules and not the new ones, hence nothing to worry about there. If you meet the criteria of the old rules you'll get your overturned decision. If you apply this week online. Then expect a notice of pending appeal in mid October and a deadline date of somewhere in Feb, with a possible court date in April. Hopefully it doesn't go that far though. |
King2be98,
Thank you so much buddy! I;m just typing a draft for the appeal, any idea what a draft should start as? Im gonna do the appeal online, making sure i dont miss any points....my problem is to get a title deed now...does the UKBA rules mention a title deed anywhere, since it has alot of personal information on it as i am told by my cousin? |
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batleykhan
Moderator
Joined: 30 Jul 2007
Posts: 3285
Location: West Yorkshire
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| Posted: Sun Sep 09, 2012 3:55 pm Post subject: |
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Two nations my advice to you would be to get a solicitor to do the appeal for you, as your case sounds complicated.A knowledgeable person in this subject will know what to say and quote, which can make the difference in a visa being granted or refused 
_________________
http://www.immigrationboards.com/viewtopic.php?t=24261&start=20440 |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Mon Sep 10, 2012 7:39 am Post subject: |
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| twonations wrote: | | I;m just typing a draft for the appeal, any idea what a draft should start as? Im gonna do the appeal online, making sure i dont miss any points....my problem is to get a title deed now...does the UKBA rules mention a title deed anywhere, since it has alot of personal information on it as i am told by my cousin? |
Title deed doesn't have any personal information that you'd say they wouldn't share. It's bassically got stuff like the name of the owner/s, the type of property, what type of land it's on. When the house was built and if it's had any extensions etc. You'll need this, or at least an attested copy from a solicitor.
As for the draft appeal, just writing a basic appeal with bullet points explaining where there was some mis-understanding or confusion. Don't insult the ECO for their decision, but explain where you think the misunderstanding lies, it will go down much better. |
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prince007
Member of Standing
Joined: 15 Jan 2012
Posts: 153
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| Posted: Wed Sep 12, 2012 11:31 am Post subject: |
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Congrats to all who have got there visa really happy for you lot, and for those waiting May Allah Give you Sabr And Kamyaabi. Ameen.
btw How come this form has gone soo quiet??.
please every1 pray for us, my wife's visa was refused back in march sent of the appeal end of march and just now in July they received the papers in embassy and we are still waiting for an reply, we also have a 2year old daughter Mashallah which is stuck there bcuz of all this. i just hope it gets overturned without having to go court. |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Wed Sep 12, 2012 1:50 pm Post subject: |
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What was your deadline date given to you? I'm guessing it's passed and you'll now go to court?
Call the tribunal, their number is on the Notice of Pending appeal, they will probably be able to provide you with information regarding what the UKBA have informed them, whether they have reviewed or not and whether or not they want to take the case the court or not. |
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Shazia1104
BANNED
Joined: 24 Aug 2012
Posts: 163
Location: Nottingham, UK
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| Posted: Wed Sep 12, 2012 3:19 pm Post subject: |
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Good luck to all those waiting...
_________________
Applied at Islamabad: 25/06/2012
Under process at BHC: 09/07/2012
Week 21... INSHA'ALLAH it will be granted soon. Please make dua people and my duas are with everyone out there. |
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prince007
Member of Standing
Joined: 15 Jan 2012
Posts: 153
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| Posted: Wed Sep 12, 2012 10:43 pm Post subject: |
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| king2be98 wrote: | What was your deadline date given to you? I'm guessing it's passed and you'll now go to court?
Call the tribunal, their number is on the Notice of Pending appeal, they will probably be able to provide you with information regarding what the UKBA have informed them, whether they have reviewed or not and whether or not they want to take the case the court or not. |
Deadline date is End Of October, it took so manys months bcuz of the back log, you reckon they will give some kinda information??. i just dont know whats gonna happen, this wait is getting hard to hack. Plz remember In ur Duas. |
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king2be98
- thin ice -
Joined: 19 Aug 2011
Posts: 508
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| Posted: Thu Sep 13, 2012 7:41 am Post subject: |
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| prince007 wrote: | | Deadline date is End Of October, it took so manys months bcuz of the back log, you reckon they will give some kinda information??. i just dont know whats gonna happen, this wait is getting hard to hack. Plz remember In ur Duas. |
A deadline date of Oct? Unacceptable, I had a deadline date of early Oct and we appeals 5 weeks after you. Have you lodged a complaint? You should.
As for what happens, well it depends on what they see in terms of your grounds for appeal, a lot of people are getting overturned decisions and even more on this site are getting withdrawals. I know now 5 people from this site and other who have had appeals withdrawn by the ECM in the review just in the last 3/4 weeks. |
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