Spousal Visa Application - Pakistan

hello im BACK!!!!
yahoo yahoo!!!
im back!!!

remember me people....?

i am desperate wife and im desperate for my husband....he is currently in pakistan with me for a whoooollee month!!....im enjoying every bit of it!

more than 90 working days hav passed so far since 5th may when i applied from karachi for my spouse visa....and still no no reply...

batlay khan uncle ... how r u sir?.......how did ur ramazan rozay go?....i felt so left out and missed u all when the stupid fourm people kicked me out.

thanks for ur speacial prayers piyaray batley khan uncle jee....i m very happy now that my hubby is here with me for a whole month

i miss u all....

plz remember me in ur duas....it looks like i'll be going at the end of the year to my hubby....these bloody bloody stupid visa processing people!!!!
i hate them all soo much!

under the clean white man face...there all a bunch of super rotten 'achaar' tomoatos!

take care all

keep in touch

D_W

PEACE!

Welcome back Desperate_Wife

Spouse’s settlement case refused, I am writing this with a heavy heart at a troubled time.

My wife submitted her settlement application in Islamabad, Pakistan in early June. She went to collect her documents on Friday September 25th and discovered it had been refused. My wife is utterly devastated and beside herself. I have tried my best to reassure her but she’s inconsolable.

The grounds for refusal were, you failed to provide a reason why in 3 years you did not apply for a visa for your marriage. Stamps on your husband’s passport but no evidence that he visited you whilst he was in Pakistan or that your marriage was subsisting during these visits or there has been contact with your sponsor in the UK.

I guess they completely dismissed the photos enclosed (non taken on a subsequent visit), the letters we wrote, phone cards (which I understand are not conclusive proof), itemised phone bill before my wife switched over to phone cards (her bad).

They also cast doubt on my wages. I submitted Wage slips, Employers Letters (on submission working for 7 months) and a P60 (£7500). However my downfall, I only provided 1 ½ months bank statements (Balance ranging from £700 to £1700). My brother needed help paying his offset mortgage hence my account was showing zero before this. I have plenty of banks statements in my possession now, but the horse has bolted.

After a generous £600 application fee for a derisory amount of work (UKBA like a thick slice of jam on their bread) and no background checks, they took 4 months to refuse the decision, completely inept. So unfair they can pull your heart strings, the strain is unbearable, *cyanide capsule > gulp*.

Can anyone please provide me with some crumbs of comfort, advice would be most welcomed.

Hi DW

Nice to see you back here. I think a few of us missed you and your wicked sense of humour.

I notice that you are still waiting for your hubbys visa. I did pray for you and inshallah,just a little bit more of sabr and you never know what might happen.

DW - one word of advice and I hope you take heed......please please be careful with your comments and opinions of others. whilst the majority have no problem,it only takes one to complain and you might find yourself in trouble.

I hope you are enjoying your time with your hubby by the way

Okay this is my rebuttal (grounds for appeal).

My father passed away coupled with the fact my wife’s mother needed caring for which explains the 3 year delay for the application (documentary evidence will be provided).

The ECO failed to consider the documents before him of our contact/relationship, photos, letters, phone cards.

Or will it be necessary to schedule a hastily arranged trip to Pakistan on a fact finding mission to gather more evidence. Fresh photos outside the Islamabad Stock Exchange with the date and time flashing merrily away in the foreground plus an extra stamp on my passport (yay).

I have plenty of bank statements at my disposal will they suffice, or shall I provide further evidence, freshly furnished employment letter, wage slips etc. Should I mention the money loaned to my brother corroborated by a letter.

How does that sound in the grand scheme of things? Do I have a strong case?

Diverging from the topic, ECOs are incompetent and the UKBA is a fools paradise (The Home Secretary will vouch for that). Once an ECO raised an objection with an inadvertent clerical error in a relative’s documentation but whilst raising the issue and subsequently rejecting the case made a catalogue of grammatical errors himself.

Okay this is my rebuttal (grounds for appeal).

My father passed away coupled with the fact my wife’s mother needed caring for which explains the 3 year delay for the application (documentary evidence will be provided).

Good reason for not visiting wife,but what proof have you got to say you kept in contact with your wife ( copies of love letters, email conversation, phone calls with proof of bills ( tel cards are not acceped as they can not prove you called your wife)

The ECO failed to consider the documents before him of our contact/relationship, photos, letters, phone cards.

Are you talking about documents you handed in with your application - if so how old are they - if they are long time ago, then they are no good - what other proof do you have in the 3 yrs since you got married that you kept in contact with your missus?

Or will it be necessary to schedule a hastily arranged trip to Pakistan on a fact finding mission to gather more evidence. Fresh photos outside the Islamabad Stock Exchange with the date and time flashing merrily away in the foreground plus an extra stamp on my passport (yay).

No its to late to do that now - you should have done it earlier, it would have been helpful

I have plenty of bank statements at my disposal will they suffice, or shall I provide further evidence, freshly furnished employment letter, wage slips etc. Should I mention the money loaned to my brother corroborated by a letter.

Its a bit late for these now. The ECO makes the decision on the documents that you present at the time of application. Had you provided these at the time, you probally would not be in the predicament that you are in now

How does that sound in the grand scheme of things? Do I have a strong case?

In my opinion you have a 50/5o chance of suceeding with your appeal.

You have made a very common mistake that I have seen time after time. You and your family probally have hastily your marriage without giving careful thought and consideration about first getting your employment, bank satements, accomodationetc ready. You probally thought about this after the marriage and by th etime you have managed to get these sorted out, 3 yrs have passed by. during this time you probally had very minimum contact with your wife. this is why you have no proper proof that you kept conatct with your wife. This is why teh ECO does not believes your marriage subsists in the context of a normal marraige

Diverging from the topic, ECOs are incompetent and the UKBA is a fools paradise (The Home Secretary will vouch for that). Once an ECO raised an objection with an inadvertent clerical error with a relative’s documentation but whilst raising the issue and subsequently rejecting the case made a catalogue of grammatical errors himself.

I know they can be a pain the arse, but you havent exactly helped your self , have you?.

I know its easy to blame others when things like this happens, so here is a challnge foryou to prove yourself right and teh ECO wrong by challenging their decision and proving them wrong.

Thank you for your thoughtful reply Batley Khan "the Oracle", you weave your magic for the public good.

50/50 on appeal, I better keep that from my wife, she is teetering on the brink, I don't want to push her over into the abyss.

That leaves me with no other option, my only saving grace is to revisit Pakistan (I was there last year).

Photos were taken after marriage, letters are scattered throughout the 3 years and phone cards (the bane of your life Batley) plenty but not conclusive proof. My wife switched from itemised billing to phone cards alot cheaper but a costly mistake, her bad.

Will my bank statements suffice? or shall I furnish a fresh employment letter, more wage slips, write to the tax office etc.

If the appeal fails then my fate is sealed? That's beyond imaginable. Perhaps a child (fruits of our labour) will be irrefutable proof that our marriage is subsisting. I am too young and irresponsible to be diaper changing and I hate the smell of fresh vomit, dam.

dear baitley i submitted as proof of contact that i visited my wife twice, this includes travel tickets, in out stamps on my passport letters sent to her and but for my phoecall i submitted my lycatel call historywith calls to her number and she submitted her ufone call history will this be enough or do u think i should have submitted my landline phone bill aswell, the landline record only has the access numbers on them and not her number so at the time i didnt think it was import\ant and neither did my lawyer

Hi, D-Wife

It is so nice to hear from you. I am still waiting for my husband as I have sent his appeal in uk office. I have not heard a thing yet. They took 4 months to refuse. I can't wait. I told my MP to get involve to solve the matter quickly.

Lets hope and pray.

I am so happy to see you back my friend. Have a good time in Pakistan.

Love t-a786 Missed you .....

batleykhan wrote: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

Thanks again BatleyKhan and also 2036789. Great information, this has been very helpful. Also I would like to point out that BatleyKhan is completely right about where to send your appeal. If you are submitting an appeal it is best to send the appeal to the ECO where your visa application was refused. This will deffinitely save you time.
If you are sure that your application and documents were in order then appeal. If you can not wait as long as 5-7 months then reapply.

Important thing is the grounds for refusal.

May Allah help us all in our decisions and bless us with success in our endeavors.

R1z wrote: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

I am assuming all cases are reviewed it's automatic, I've been reading in some cases it can take a considerable time to review a case, upto 3 months, i'll add the link later.

I need some clarification when you should lodge an appeal. 28 days after the refusal date printed on your refusal notice. Or 28 days after you were informed of the decision (served with the decision).

Chavy wrote:
I am assuming all cases are reviewed it's automatic, I've been reading in some cases it can take a considerable time to review a case.

I need some clarification or when you should lodge an appeal. 28 days after the refusal date printed on your refusal notice. Or 28 days after you were informed of the decision (served with the decision).

Yes, as far is my understanding and recent research, all cases are reviewed. Please view these links for further information on the due process and processing time guides, thanks again to batleyKhan for these:


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

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

There is similar info for non-settlement cases as well. Furthermore you can call the AIT office and ask them for details.

If you are looking to appeal contacting the AIS may also be of some use :
http://www.iasuk.org/home.aspx

As for when to lodge your appeal, you should do this WITHIN 28 days from the date when you received the refusal notice. It's not after 28 days but rather before the 28 days go by. You can confirm this with others as well but I'm pretty sure it's true.

I hope this helps. May Allah help and guide us all.

Sorry SjD I intended to say within 28 days, Opsie so sorry for the misinformation *clanger*. Yeah I rang the AIT and they confirmed, its within 28 days after the notice is handed to you.

Since my Wife's settlement case was rejected on Friday 25th of September (a day of infamy which will live long in my psyche), I have extensively browsed the AIT site, it's all now indelibly imprinted in my memory. I crammed a thousand years of reading into a weekend, a mean feat *comatosed and constipated* need caffiene/kebabs.

Yeah I've comprehensively searched legal representation, did stumble across The Immigration Advisory Services, even though they are a non profit making charity, there rates are prohibitive for the likes of me (not entitled to legal aid). £140 for ONE hours advice face to face, lol. They can also be contacted via the phone, but again their charges are exorbitant.

For those who are not eligible for legal aid, some organisations/ independents offer free initial advice sessions and pro bono services (not an explicit innuendo it means free for the public good) e.g. Law Centres (usually evening sessions when legal representatives have finished their day job), Universities (when law students are under supervised training).

Thank you for your response SjD, you helped to settle my jangling nerves.

desperate__wife wrote:hello im BACK!!!!
yahoo yahoo!!!
im back!!!

remember me people....?

i am desperate wife and im desperate for my husband....he is currently in pakistan with me for a whoooollee month!!....im enjoying every bit of it!

more than 90 working days hav passed so far since 5th may when i applied from karachi for my spouse visa....and still no no reply...

batlay khan uncle ... how r u sir?.......how did ur ramazan rozay go?....i felt so left out and missed u all when the stupid fourm people kicked me out.

thanks for ur speacial prayers piyaray batley khan uncle jee....i m very happy now that my hubby is here with me for a whole month

i miss u all....

plz remember me in ur duas....it looks like i'll be going at the end of the year to my hubby....these bloody bloody stupid visa processing people!!!!
i hate them all soo much!

under the clean white man face...there all a bunch of super rotten 'achaar' tomoatos!

take care all

keep in touch

D_W

PEACE!

Hi D_W

Welcome back..

Was just wondering if you tried contacting BHC or emailing them and what response they are giving u.

My wife also aplied from karachi at the end of June. But if you have not heard anything until now then that dont fill me with any optomism either.

Hope you inshallah hear somthing soon so you can travel back with ur hubby

All the best

hi u ok how are things going.please check your mail

learner007 wrote: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!!!!

*Mythed* I am receiving conflicting advice about the 28 day rule to appeal. Rang the AIT again, now in complete contrast to their earlier response are insisting it's within 28 days of the refusal date stated in the refusal notice. Not when the documents were handed to you. Can anyone shed any light on this matter.

There have been delays over Eid is informing applicants of their decisions.

Its when the refusal notice was handed over to your wife when she went to collect passport ( 25th September, you have stated somewhere).

ITS NOT THE DATE YOU WERE REFUSED WHICH IS THE DATE ON THE REFUSAL NOTICE.

In Pakistan the refusal notice can be handed over to you sometimes as much as 3 weeks after you are refused

So you count 28 calendar days from the date she was handed the notice at Fedex

You have to get your Appeal Notice lodged within the 28 days either at the BHC post where you were refused ( can take 5 days in post to get to Pakistan).

If you cant get it in there on time, then its best you post it to AIT in the UK.

Remember if you dont appeal on time, your chances are gone and you will have no alternative but to reapply again.

If you dont have all the documents ready to send off with appeal, dont worry, you can send them a few weeks later.

Hope this helps, so if I was you I would start thinking how you are going to prove the ECO wrong in what he said in refusal.

HI SIS please check you mail.

bazzy_1 wrote:

desperate__wife wrote:hello im BACK!!!!
yahoo yahoo!!!
im back!!!

remember me people....?

i am desperate wife and im desperate for my husband....he is currently in pakistan with me for a whoooollee month!!....im enjoying every bit of it!

more than 90 working days hav passed so far since 5th may when i applied from karachi for my spouse visa....and still no no reply...

batlay khan uncle ... how r u sir?.......how did ur ramazan rozay go?....i felt so left out and missed u all when the stupid fourm people kicked me out.

thanks for ur speacial prayers piyaray batley khan uncle jee....i m very happy now that my hubby is here with me for a whole month

i miss u all....

plz remember me in ur duas....it looks like i'll be going at the end of the year to my hubby....these bloody bloody stupid visa processing people!!!!
i hate them all soo much!

under the clean white man face...there all a bunch of super rotten 'achaar' tomoatos!

take care all

keep in touch

D_W

PEACE!

Hi D_W

Welcome back..

Was just wondering if you tried contacting BHC or emailing them and what response they are giving u.

My wife also aplied from karachi at the end of June. But if you have not heard anything until now then that dont fill me with any optomism either.

Hope you inshallah hear somthing soon so you can travel back with ur hubby

All the best

Bately Khan my fellow Yorkshire man you warm the cockles of my heart.

Yes I follow your drift, since Pakistani spouse settlement applications are being dealt with in the UK, there is around a 2-3 week delay in informing applicants of their decision, leaving about 1 week to lodge an appeal, lol, that would be appear unreasonable.

But then you could fabricate the date to extend the appeal, unless Gerrys (aka Fedex) keep records, I have scrutinised my wifes documents which were scanned and dispatched by email, there is no stamp or appeal within date, only a refusal date. Also begs the question what about those who don't pick up their documents when they are due.

My wife's refusal date was on the 11th of September, lol, and the date she was informed of the decision was 25th of September, lol. I sent her down, because I knew Gerry's would take a whole week to call her in because they have a phetish for green passports, I don't know.

I have rang the AIT again and now I am keeping the score. 1 response (British Pakistani operator) adamant within 28 days when you received the documents and 2 responses (Caucasions) insisting within 28 days of refusal date (2-1).

Chav

I think you will find that your wife will have signed to say she has recieved the Refusal Notce/passports etc from Fedex, therefore I am afraid you cant fiddle the system.

Take my word for it just count 28 calendar (not working ) days from the day it was handed to your wife, and that is when you have to get the papers in.

See your pm box

Batley I've edited the above post please read it again.

Okay I'll ring her, lol.

Lol they censored the word phetish so I changed the spelling to bypass the bots defences

SjD624 wrote:

Chavy wrote:
I am assuming all cases are reviewed it's automatic, I've been reading in some cases it can take a considerable time to review a case.

I need some clarification or when you should lodge an appeal. 28 days after the refusal date printed on your refusal notice. Or 28 days after you were informed of the decision (served with the decision).

Yes, as far is my understanding and recent research, all cases are reviewed. Please view these links for further information on the due process and processing time guides, thanks again to batleyKhan for these:


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

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

There is similar info for non-settlement cases as well. Furthermore you can call the AIT office and ask them for details.

If you are looking to appeal contacting the AIS may also be of some use :
http://www.iasuk.org/home.aspx

As for when to lodge your appeal, you should do this WITHIN 28 days from the date when you received the refusal notice. It's not after 28 days but rather before the 28 days go by. You can confirm this with others as well but I'm pretty sure it's true.

I hope this helps. May Allah help and guide us all.

Guys, Please be informed that not all cases are reviewed... spoke to BHC and was confirmed that due to large number of application the cases are not reviewed they are just sent back to AIT for hearing.

I know most of us feel it would be reviewed as per the AIT's procedure but actually story is bit different.

Still would recommend you send appeal to BHC as it would save you about 6 weeks...

So Navbulls which cases meet the review criteria? Do you have to explicitly state you would like the case to be reviewed? Provide us with an explanation to substantiate your claims, you cant leave us in limbo with such a sweeping statement.

Chavy wrote:So which cases meet the review criteria? Do you have to explicit state you would like the case to be reviewed? Provide us with an explanation to substantiate the claims, you cant leave us in limbo with such a sweeping statement.

Well you dont have any criteria. The normal procedure is that case should be reviewed once they recieve the appeal, but this procedure is hardly followed ( As per BHC ). Mostly once AIT asks BHC to prepare bundle they have to review it... but what I have heard, these days they are not reviewing.

Guys, Please be informed that not all cases are reviewed... spoke to BHC and was confirmed that due to large number of application the cases are not reviewed they are just sent back to AIT for hearing.

I disagree slightly with this comment. (Sorry Nav)

The links that are attached above are HO guidelines and procedures.

If the BHC do not comply with their guidelines or procedure every appeal case at the AIT will be thrown out.

The ECM job is to review and reconsider all decisions on receipt of an appeal notice. It doesnt take more than probally 10 minutes to make his mind up to either issue visa or still refuse.

If he refuses the BHC will inform AIT of this. AIT will then try and sort out a date for hearing.

The ECO/ECM is given about 4 months to send bundle of papers to AIT in time for hearing ( sometimes the incompetent buggers wont even do this and tHE Adjudicator has no alternative but to authorise issue of visa... to teh annoyance of teh applicant whose time has just been wasted for no apparent reasons).

When you send teh appeal notice and have given your reasons, you would normally ask the matter to be reviewed.

batleykhan wrote:

Guys, Please be informed that not all cases are reviewed... spoke to BHC and was confirmed that due to large number of application the cases are not reviewed they are just sent back to AIT for hearing.

I disagree slightly with this comment. (Sorry Nav)

The links that are attached above are HO guidelines and procedures.

If the BHC do not comply with their guidelines or procedure every appeal case at the AIT will be thrown out.

The ECM job is to review and reconsider all decisions on receipt of an appeal notice. It doesnt take more than probally 10 minutes to make his mind up to either issue visa or still refuse.

If he refuses the BHC will inform AIT of this. AIT will then try and sort out a date for hearing.

The ECO/ECM is given about 4 months to send bundle of papers to AIT in time for hearing ( sometimes the incompetent buggers wont even do this and tHE Adjudicator has no alternative but to authorise issue of visa... to teh annoyance of teh applicant whose time has just been wasted for no apparent reasons).

When you send teh appeal notice and have given your reasons, you would normally ask the matter to be reviewed.

Aslaam O'alaikum Khan Uncle,

I completely agree and respect what you have said in the above quote, but trust me on this as I have been told that BHC has stopped reviewing "Personal Experience". Would be updating you on this shortly!


Regards

Nav