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Spousal Visa Application - Pakistan

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

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

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batleykhan
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Post by batleykhan » Thu Sep 24, 2009 10:48 pm

Batley Khan when a settlement visa is issued can the person go back to pakistan within the two year period ? From my Knowledge the person is allowed to go back but no more than 90 days in one go. Is this correct Please advise ?
You can go back at any time within the two year period.The 90 days that you refer to is not exactly true. There is no minimum or maximum period for which you can stay out of teh country.It depends on people circumstances.

Obviously if you stay out to long, it means you have to first of all apply and pay for FLR ( further leave to remain) and the ILR (indefinite leave to remain) which could work out quite expensive.

If you dont stay out to long then you apply for ILR straight away, thus saving yourself about £400.

Hope this helps.

Ps: Sorry was busy with Ibaadat and making duas for alll of you during Ramzan, thats why I was not posting

batleykhan
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Post by batleykhan » Thu Sep 24, 2009 10:57 pm

NSHALLAH, evrything gonna be ok. Ask your husband to scan n email the refusal letter to you so you can consult with a good lawyer in uk and submit the appeal on behalf of your husband in the UK. Which city are you from ?
You must send the original Refusal Notice and AIT2 form,(not email) to your sponsor as he needs to complete the original AIT Form and must send the original Refusal Notice when appealing ( Copy versions of the above forms are not accepted for appeal purposes....... bear that in mind)

Also remember your appeal form must be lodged within 28 days of the day you were HANDED the refusal notice... not the date that it is dated.... otherwise your right of appeal is gone.

sahdi
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Post by sahdi » Fri Sep 25, 2009 7:02 am

salaam r1z

so sorry about ur hubbys visa, u must be devastated, maybe you can post the exact reason for your refusal, and members can help you out. Keep strong, and keep your faith ur Allah.

SjD624
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Post by SjD624 » Fri Sep 25, 2009 10:26 am

Hi batleykhan,

Thank you so much for your detailed response it's really appreciated. It seems from some of the earlier responses and your reply that an appeal can take well up to 6-8 months.

I spoke to a lawyer regarding our case and he assured me that I would get a January hearing if we apply now, though he didnt give me a straight answer of how long from then it would take to get the visa. He just went,"It could be 1-2 months inshaAllah or so".

He also told me its better to appeal than to reapply as my appeal may take long but has a v good chance of success. However I still feel as I'd take my chances with a second application as atleast then I know I will get a result by Jan.

Really confused whether to appeal or re apply. just have till the first week of Oct to decide. :(

learner007
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WHO TO CONTACT ?

Post by learner007 » Fri Sep 25, 2009 2:33 pm

Hiya i just need a bit of advice please

My Husband contacted BHC in islamabad few weeks ago and they sent him a letter saying that they cannot
trace his visa application and advised him to contact UKBAIG HUB in London.
We contacted them and they were unable to trace it either.
Now we have contacted our Local MP and she spoke to them yesterday on our behalf and told us
that they could not find his application and they will be contacting Islamabad and will update her.

I am really worried as I never thought that this could happen

Any advice what to do or who to contact

Please Hep!!!!

sabah
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Re: WHO TO CONTACT ?

Post by sabah » Fri Sep 25, 2009 2:42 pm

learner007 wrote:Hiya i just need a bit of advice pleaseplease can you send me your private email sister i am in the sam situation i have give you abu dubah number you call them maybe you hav elick i am not having much also all you can do is pray my husbands application is untracable then tey say name is wrong i just have got mp invilved also there is nothing more you can do and neither me just keep pushing the mp ok i keep you in my dua MAY ALLAH BLESS YOU I KNOW THE PAIN I HAVE MANY A ISSUE ALL I CAN DO IS PRAY TO ALLAH (swt) NOT EVAN A LEAF CAN MOVE WITHOUT HIS SAY SO,,IT IS ALL IN HIS HANDS,WHENDID YOU APPLY SISTR AS I SAID TELL YOUR MP I TOLD MINE A FEW CWEEKS AGO BUT I DONT HAVE MUCH LUCK SO I TELL MY HUSBNAD TO SEND ALL THE FILE COPY TO ME IN ENGLAND.I SHALL THEN INSHA ALLAH PASS IT OVER TO MY MP.SEE HPW IT GOES FROM THERE TAKE CARE 4WARD YOUR EMAIL SISTER.MY HUB APPLIED 22ND JULY SAME CIRCUMSTANCE LIKE YOU. :cry:

My Husband contacted BHC in islamabad few weeks ago and they sent him a letter saying that they cannot
trace his visa application and advised him to contact UKBAIG HUB in London.
We contacted them and they were unable to trace it either.
Now we have contacted our Local MP and she spoke to them yesterday on our behalf and told us
that they could not find his application and they will be contacting Islamabad and will update her.

I am really worried as I never thought that this could happen

Any advice what to do or who to contact

Please Hep!!!!

learner007
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Post by learner007 » Fri Sep 25, 2009 3:11 pm

Salam Sabah

Plz check your inbox

bazzy_1
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Post by bazzy_1 » Fri Sep 25, 2009 3:13 pm

Hi Sabah /Learner007,

Which gerry's office did you apply from, and what is the online status of the applications?

Its maybe an idea to try the gerry's office maybe they still have the paperwork.
Regards,

Baz

learner007
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Post by learner007 » Fri Sep 25, 2009 3:20 pm

bazzy_1 wrote:Hi Sabah /Learner007,

Which gerry's office did you apply from, and what is the online status of the applications?

Its maybe an idea to try the gerry's office maybe they still have the paperwork.

Dear Bazzy_1

My husband applied from Islamabad on 14th July

He did contact GerryFedex and they have confirmed that its still with British High Commission.
He did go there to find out but they dont have anything with them
Don't know who else to contact
Embassy didnt respond back once we asked where its gone and provided with the copy of his Tracking number

The online status says the date it was applied on and says
"Application forwarded to Islamabad OC on"

TOPGUN
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Post by TOPGUN » Fri Sep 25, 2009 5:01 pm

batleykhan wrote:
NSHALLAH, evrything gonna be ok. Ask your husband to scan n email the refusal letter to you so you can consult with a good lawyer in uk and submit the appeal on behalf of your husband in the UK. Which city are you from ?
You must send the original Refusal Notice and AIT2 form,(not email) to your sponsor as he needs to complete the original AIT Form and must send the original Refusal Notice when appealing ( Copy versions of the above forms are not accepted for appeal purposes....... bear that in mind)

Also remember your appeal form must be lodged within 28 days of the day you were HANDED the refusal notice... not the date that it is dated.... otherwise your right of appeal is gone.

Well when my visa got refused last year, i scanned my refusal letter and emailed it to my wife in the UK. She contacted her lawyer in manchester and downloaded the AIT2 form from internet and she herself with the help of her lawyer filled up the AIT 2 form on my behalf and submitted it to the given address written in the AIT2 form. Then after the review of my appeal they gave the hearing date in april 2009 and the judge gave his decision in my favor. It doesnt matter, your lawyer in the UK or the sponsor,spouse, can lodge an appeal on your behlaf. Its better to consult a good lawyer over their. They only charge 300 pounds for it. They will write the whole case on your behalf with all the facts and figure and with all the previous proofs of documents.

Regards,

batleykhan
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Post by batleykhan » Fri Sep 25, 2009 6:58 pm

Sjd624

Look at this link- clearly shows it can take up to 26 -29 weeks for Appeal Procedure.

You can ask AIT for an expedite hearing if you have difficult personal circumstances, but it is at their disretion if they want to grant it

http://www.ait.gov.uk/Documents/Appeals ... ftheUK.pdf

http://www.ait.gov.uk/Documents/Appeals ... nTheUK.pdf

batleykhan
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Post by batleykhan » Fri Sep 25, 2009 7:33 pm

Well when my visa got refused last year, i scanned my refusal letter and emailed it to my wife in the UK. She contacted her lawyer in manchester and downloaded the AIT2 form from internet and she herself with the help of her lawyer filled up the AIT 2 form on my behalf and submitted it to the given address written in the AIT2 form. Then after the review of my appeal they gave the hearing date in april 2009 and the judge gave his decision in my favor. It doesnt matter, your lawyer in the UK or the sponsor,spouse, can lodge an appeal on your behlaf. Its better to consult a good lawyer over their. They only charge 300 pounds for it. They will write the whole case on your behalf with all the facts and figure and with all the previous proofs of documents.
Topgun

I think you will find that it has all changed lately.The AIT2 form downloaded fromAIT webite willbe accpted if lodged with AIT in UK, but not if lodged with the BHC abroad.Plus the BHC wants original refusal notice with the AIT2 form, given to the applicant upon refusal.

As for the£300 you say lawyers charge, is this just for completing the form or is it a full represenation. If its the latter than thats damn cheap for the whole shaboodle, but if its just for comleting the form, then that is very expensive.

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Post by R1z » Fri Sep 25, 2009 8:50 pm

salaam to all, thank you for your concern but alhamdulillah I'm ok.

Firstly it was rejected because they assumed I was on public funds-I'm not too sure of this reason (could be the P60 for the previous year when i was on Jobseekers Allowance) although I had given employment letter, My contract of Employment and previous employment contract, including wage slips. I too work as a Teaching Assistant therefore have a net earning of over 1000 a month - they may have looked at previous bank statement before I had started my full-time employment. I had included 6months bank statements so I'm not too sure why they've missed some of the information.

Lastly, I included letters, cards and phone cards as means of staying in contact with my husband - they don't think we have strong evidence to show we are in contact. How else am I to show this? And how did we meet before marriage - this doesn't make sense so how does one prove this!!

Thank you all for your concern. Any comments would be much appreciated.

Inshallah will pray for all brothers and sisters worldwide.
Salaam - Jazakallah

batleykhan
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Post by batleykhan » Fri Sep 25, 2009 9:02 pm

Riz

You need to write down exactly what it says on the refusal notice. That is more important than what your opinion is as to why you were refused. From the wording of the notice, we will be able to tell you exactly why you were refused and what you can do about it.

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Post by TOPGUN » Fri Sep 25, 2009 9:31 pm

Batelykhan,

Yes you are right, as my wife lodged appeal on my behalf inside the UK, so she used the scanned copy of my refusal letter and downloaded form from the website. But if the appellant wants to send it through BHC, Islamabad thn he/she should send the original documents(refusal letter & AIT2 form) signed by the him/her.

GBP 300 for whole representation. Yeah its cheap. Actually my wife did her internship with those solicitors during her A levels, so they gave her some 200 discounts :) , otherwise mostly solicitors charge 500.

My suggestion for R1z is that she should lodged the appeal on her husband's behalf inside the UK as she is telling that they had given stupid reasons for refusal so they can give more stupid reasons for delaying or refusing again or misplacing the appeal form or applications. Its safe to lodged an appeal directly with AIT.

Regards,

learner007
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Gerry's Update

Post by learner007 » Sat Sep 26, 2009 10:42 am

Latest News from Gerry's

23 September 2009: Settlement visa applications in Pakistan. Please note that the UK Border Agency is currently meeting its target processing time of 12 weeks for the majority of settlement applications. It is taking the full 12 weeks to process settlement applications so please do not make any enquiries about your application before this 12 week period. Enquiries regarding the processing time of your settlement application will not be replied to unless the 3 month period has passed. We recommend that you take this into account when making your settlement application to avoid any disappointment
Last edited by learner007 on Sat Sep 26, 2009 11:56 am, edited 1 time in total.

batleykhan
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Post by batleykhan » Sat Sep 26, 2009 11:33 am

My suggestion for R1z is that she should lodged the appeal on her husband's behalf inside the UK as she is telling that they had given stupid reasons for refusal so they can give more stupid reasons for delaying or refusing again or misplacing the appeal form or applications. Its safe to lodged an appeal directly with AIT.
I would cerainly not recommend she does above.

Instead she should send the appeal formback to Abu Dhabi or London(whoever dealt/refused it).

The reason why I would do this is to save her self some time.

What happnes is when you lodge your appeal here in the UK with AIT in Leicester, is that they send all your documents back to the Entry Clerance Manager at the place where she applied and was refused.

AIT send this bypost and can take up to 6 WEEKS.

Upon receipt of the appeal the ECM will review the earlier decision in view of what you have said in your appeal notice and and any new documents that you have attached.

If he decides he is satisfied now,he will authorise the issue of visa without the appeal going any further.

If on the other hand he is still not satisfied, he will stick to teh original decision. If he does that , then he will inform AIT in writting.

The AIT will then start to find a date for your hearing. However this date can take up to 20 weeks ( this is time given to the ECO to get his bundle of papers ready for the hearing)


Now if you send it direct to the BHC post abroad,you will save the 6 weeks that it takes for AIT to get the papers to the BHC. The ECM will be able to make the deciosn a bit earlier in view of this.

Remember the only person who can change the original decsion initially is teh ECM not anybody at AIT.

Infact AIT cant change any decison till the day of the hearing when the Adjudicator of the hearing will make the final deciosn in either parties favour.

The only time I would recommend that you send your appeal papers to AIT is when you feel you dont have enough time to get them to post abroad witin 28 days.

Furthermore your advise to Riz is to appeal, its easy saying that, but appealing is not always the best soloution all times. Sometimes it is advisable to reapply and make sure you dont make the same mistakes.

Only appeal if you can disprove the reasons why you were refused at your appeal hearing.

I think it all depends what Riz was refused for. I know she has stated what she "assumed" she was refused for, but its the actual wording of the refusal that is important, because from that you can tell the real reasons why she was refused.

Hope this advice is useful to you.

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Post by R1z » Sat Sep 26, 2009 11:50 am

Salaam, thank you BatleyKhan and TOPGUN for your comments I really appreaciate it.

My friend (a junior solicitor) has advised me to go for a review - something similar to what Batleykhan is suggesting in order to save time and in hope that the original decision may be overturned.

I'm sorry I wasn't able to give you the exact refusal points as I am still awaiting the documentation which my husband has posted out to me, hopefully to reach here in 2days time.

Thak you, I will post further information on the forum as it reaches me.

Hope you too will eventually hear/sort out your spouse's visa..Inshallah
Salaam

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Post by 2036789 » Sun Sep 27, 2009 7:27 am

SjD624 i heard some where that you have an appea datel and reapply at the same time, so if youre fresh application is not accepted you can still go tothe appeal but confirm this with someonne with more knowledge about the procedure
MM

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Post by batleykhan » Sun Sep 27, 2009 10:38 am

SjD624 i heard some where that you have an appea datel and reapply at the same time, so if youre fresh application is not accepted you can still go tothe appeal but confirm this with someonne with more knowledge about the procedure
Yes it is possible to make a fresh application whilst you are waiting for your appeal date, but I dont see the point in that.

Why not just appeal if you have been hard done by teh ECO and can prove that he was wrong to refuse you in the first place?.

If you cant prove that because you made such a bad job of your application, then it may be best to reapply with a fresh application making sure that you dont repeat your earlier misatkes.

Remember if you reapply , you have to pay the full whack of a fee again (£585???)

Could work out to be bit expensive, unless you have rich sugar daddy paying for it :lol:

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