Spousal Visa Application - Pakistan

akhan19 · Post by **akhan19** » Thu Dec 24, 2009 9:49 am

hi everyone

i found this forum yesterday and have found it to be one of the best for information and advise, than you to everyone who has posted on this site

i hope someone can help me out aswel, my wife applied for a visa 6 weeks ago, we got married about a month before the application

after reading the information on this website, i am extremely worried now that the application will be rejected, some people have gone in to a lot of detail with the evidence and i feel mine pales in comparison

what worries me most at the moment, is the contact side of the evidence, i went to pakistan in june and in my application, included stamps from my passport on entry and exit from pakistan

when i returned in august from pakistan, i contacted my wife via calling card and have done so everyday, but upon advise from others, i did not send any calling cards, i have not emailed my wife as she has no access to email where she lives,

i am worried that they will say there is not enough evidence to prove contact with her

also, i called her today to get her reference number and she told me it was

islamabad/131109/108233/1

but when i go on the website to track and enter her date of birth,it says invalid search

can anyone advise if i have the number incorrect or maybe show me a example reference number, she sent it from islamabad

batleykhan · Post by **batleykhan** » Thu Dec 24, 2009 9:54 am

Mohammad

See the Private message that I sent you

ukusman · Post by **ukusman** » Thu Dec 24, 2009 12:59 pm

islamabad/131109/108233/1

Hi, in order to track it the initial "islamabad" should be only three digits either ISB not to sure maybe someone will be able to advise what the initials are for the islamamabd vac as the mirpur VAC initials are QML.

t_a786 · Post by **t_a786** » Fri Dec 25, 2009 2:00 pm

Hi, Mr Khan and RM786,

Can you please explain what is going on. I got married in march 09. My hubby submitted papers on 28 April 09. After long wait they rejected as i have explained previously. I submitted his appeal in uk ECO office 2nd sep 09. My MP got involved. ECO said my appeal was late. but it wasn't because we didn't get the decision until 19th august 09. after long letter and conversation with MP they desided to take the appeal not late. I phoned AIT people they said they don't have the documents. And that they can't tell me anything as it is my hubby' case. Then my hubby sent permission letter to them to say I have all the rights to deal with his case.

My MP contacted them AIT they said they are not expecting papers to reach them by 16th March 2010. What does that mean.

They refused to answer me and my MP.
My MP said wait for the ECO people to make the decision.
I don't know what is happening. They wrote to my hubby so thay said. But my hubby in Pakistan Karachi didnot recieve any papers at all. 3 months ago.

I don't what is going on where are the papers. I don't what to do? Who to contact. I sent three times permission letters recorded delivery. They said they don't have it yet.

What shall I do?

Please help.

batleykhan · Post by **batleykhan** » Fri Dec 25, 2009 7:09 pm

You can do one of two things:

Get your hubby to make a new application ensuring you correct the reasons that he was refused on first time around and hope for the best.

As far as your appeal goes

Applied 29th April 09
rejected 8th May 09
Recieved response 18th Auguast 09
Lodged Appeal 2nd Sep 09,

Why was it rejected in May , yet it took 3.5 months for you to recieve response /refusal notice?. If that is the case I can understand why the AIT or BHC are saying your appeal was lodged out of time.

Is there a date on the refusal notice taht your husband recieved and he should have signed for.... what date is on there.

If you say that AIT have said your appeal is in time, then the time they have given you (March 2010) is the latest time that the ECO must get the appeal papersto AIT, if the ECM has reviwed it and still has refused it.

It will be then listed down for an oral hearing where you have to attend to represent your hubby.

Like I have said if you dont want to wait, then reapply againmaking sure you have all the correct docs.

RM786 · Post by **RM786** » Sat Dec 26, 2009 5:35 am

Hi t_a786,

You are in exactly the same situation as me. Just be patient and relax as the chances are they will not overturn the decision. When they have reviewed your case if the do not overturn they will send all documents to AIT. Ait will then set up a hearing date within the next 2 - 3 months. Best thing is to get some immigration advice or let a solicitor deal with the appeal. I think re-applying can be waste of money as they know it will be your second application and you have an appeal in process. So just relax i know its hard but things will get better Inshallah. As i am abit nearer in the qeue to you i will keep you updated thanks.

akhan19 · Post by **akhan19** » Sun Dec 27, 2009 9:17 am

Could anyone be kind enough to advise me of the prefix to the tracking number if the case was submitted in Islamabad, i would be extremely appreciative of your advice, many thanks

i have the numbers but do not know the letters that go before

zoomaj · Post by **zoomaj** » Sun Dec 27, 2009 10:59 am

Hi Guys,
i need your help on this one
my Mrs has e mailed me the call in letter and its asking for so much info!

the following needs to be taken with the call in letter apparently

1st Question " your passport and the passports of any members of your family if mentioned above"
at the top of the letter its got my name and my wifes! so how on earth does she get hold of my passport when im here in the UK!unless they want a copy???

2nd Question "please confirm your intended date of travel and length of stay!"
what do we write for this please Mrs! 2mro and forever???

3rd question" up to date bank statement"
now is that mine or my mrs?? she's not even got a bank account!

4th Question a copy of HSMP letter!
whats that please??

Please help guys if anyone has been thru this scenario recently.

zoomaj · Post by **zoomaj** » Sun Dec 27, 2009 9:18 pm

on closer inspection

whats happened is they have issued the letter asking for everything but iv just rang my wife and she sed look at the ticks!

the ticks are very small and its only asking for the call letter, her passport, copy of mine and a TB Certificate and dates of travel etc!

few not so bad after all!

thanks again

batleykhan · Post by **batleykhan** » Sun Dec 27, 2009 9:50 pm

I thought that might be the case. Dont worry about it. Just ask your wife to take docs down and hand them over. Normally it takes about 4 - 5 weeks to come back.

Your wife must come to the Uk within 3 months of the visa being issued ( not 28 days like most people assume).

She must bring TB certificate with her on arrival in UK.

Hope this helps

zoomaj · Post by **zoomaj** » Sun Dec 27, 2009 9:52 pm

dont worry Batly khan il make sure she comes over in under 28 hours!!!

high_aimer · Post by **high_aimer** » Mon Dec 28, 2009 7:57 pm

akhan19 wrote:Could anyone be kind enough to advise me of the prefix to the tracking number if the case was submitted in Islamabad, i would be extremely appreciative of your advice, many thanks

i have the numbers but do not know the letters that go before

ISL

akhan19 · Post by **akhan19** » Mon Dec 28, 2009 8:40 pm

thanks

i appreciate it, just checked the status and extremely dissapointed to see it says forwarded to islamabad oc, ive heard it stays like that for AGES

submitted on 13/11,hope they hurry up, am really missing my wife

thank you again for your help

ukusman · Post by **ukusman** » Tue Dec 29, 2009 12:50 am

Hi,

I will be sending my wifes settlement papers next week inshallah. My visa got refused last time due to some papers that got misplaced and the eco claimed that several docs were not there.

So therefore i have hole punched corners of the orginal documents and placed a treasury tags to secure them ensuring they dont get lost or misplaced this time.So what i want to know is that Holepunching original documents does not compromise their legality or does it ? Batley khan if you could please advise

thanks

t_a786 · Post by **t_a786** » Tue Dec 29, 2009 1:41 pm

batleykhan wrote:You can do one of two things:

Get your hubby to make a new application ensuring you correct the reasons that he was refused on first time around and hope for the best.

As far as your appeal goes

Applied 29th April 09
rejected 8th May 09
Recieved response 18th Auguast 09
Lodged Appeal 2nd Sep 09,

Why was it rejected in May , yet it took 3.5 months for you to recieve response /refusal notice?. If that is the case I can understand why the AIT or BHC are saying your appeal was lodged out of time.

Is there a date on the refusal notice taht your husband recieved and he should have signed for.... what date is on there.

If you say that AIT have said your appeal is in time, then the time they have given you (March 2010) is the latest time that the ECO must get the appeal papersto AIT, if the ECM has reviwed it and still has refused it.

Hi,

They reject in May because, there was no prove that bank where I pay my mortgage and bill, statement. I had only sent saving accounts statements. Not the normal bank statement.
They reject it as there was no prove that I was paying mortgage and bills.
There were no date on page 4 of AIT form for appeal. No signature. My hubby signed it when He got the papers, after coming out of garry's office. There was not evidence of we recieving the docs late. Embessy sent docs, status changed on website on 18th August I told my hubby to contact. He got papers 19 August. No reason or covering letter to say why they sent it late. It was rejected long time ago.
This system in Pakistan is rubbish. They should have emailed or contacted me. But no. Kept the papers for long time. AIT said they are not expected all docs to be recieved until 16th March 10. What does that mean?

Many thanks for your help.

anelka · Post by **anelka** » Tue Dec 29, 2009 2:18 pm

BatleyKhan, did you think of somehting on my case?

Would I be better of appealing or re applying?
If I was to re apply or appeal, what should I do? just transfer money into my personal account and show that?

Thanks

batleykhan · Post by **batleykhan** » Tue Dec 29, 2009 8:17 pm

Salaam Anelka

I am sorry for delay in replying to your post.

I have had a long think after speaking to my son,and I have come to the conclusion that you should fill the AIT2 form( appeal form) with a detailed explanatory reason why the funds you have deposited into your saving accoiunts is not as much as the income your accounts show ( because you withdraw most of the money from your company accounts to pay for daily cost thus there is no need to transfer large amounts from account to other.

Hopefully this should make sense and the ECO will become aware of your sittuation.Thre is a possibility that after a review of your case upon receipt of teh appeal , they might change mind and issue visa,thus saving you from reapplying and paying the fee again.

I know it will take about three months before it will be reviewed,and in anticipation that they might still refuse it, if i was in your shoes i would start putting money into your saving accounts on a regular basis, so if you decide you do not want to go through appeal procedure, you can reapply whilst your appeal is running, and if you get visa 2nd time around jsut witdraw appeal.

If unsuccesful 2nd time, you still have your appeal ( takes 6 months to get hearing) and you most likely win on appeal.

Dont just make a fresh application with out appealing as you only have one chance of suceeding wheras with appeal you have two goes.

Hope that helps

batleykhan · Post by **batleykhan** » Tue Dec 29, 2009 8:21 pm

This system in Pakistan is rubbish. They should have emailed or contacted me. But no. Kept the papers for long time. AIT said they are not expected all docs to be recieved until 16th March 10. What does that mean?

It measn the ECO has this length of time to get the appeal bundle of papers to the AIT in UK,so they can set a date for hearing here in teh UK.

batleykhan · Post by **batleykhan** » Tue Dec 29, 2009 8:25 pm

So therefore i have hole punched corners of the orginal documents and placed a treasury tags to secure them ensuring they dont get lost or misplaced this time.So what i want to know is that Holepunching original documents does not compromise their legality or does it ? Batley khan if you could please advise

At the front of the bundle write down all the docs that you are sending.

Make sure you keep copies of everything you send, as sometime you dont always get everything back.

The holepunching should make no diiference

Shakeel101 · Post by **Shakeel101** » Tue Dec 29, 2009 8:34 pm

b92753 wrote:Visa refused for following reason

My settlement visa has been refused for the following reason

"I not that you were in pakistan on 24th june 2009 and while you have provided a marriage certificate this document is not evidence of a valid marriage under the pakistan Muslim family ordinance 1961. For your marriage to be valid it must be registered with the union council where you married. You have not provided a Nikah Nama or any evidence that your marriage has been registered.

I am therefore not satisified that you are married to a person present and settled in the united kingdom or who is on the same occasion being admitted for settlement and refuse your application under paragraph 281 section (i) if the immigration rules"

However i did submit a Nikah Nama which was certified and attested and also translated in english and attested. Why did they refuse ?? I didnt the MFLO 1961 was extended to pakistan ? And therefore having the nikha namah attested by the mufti and or the (kutchery) was sufficient ?

Hi everyone, I am new to the forum, however I do have an update on this issue.

Check out this article in Jang News...

http://www.thenews.com.pk/daily_detail.asp?id=215292

LONDON: The British High Commission (BHC) in Islamabad has been accused of refusing hundreds of legitimate spouse visa applications from Azad Kashmir on the basis of confusion created by the recently-changed Nikah forms in Azad Kashmir.

The BHC has recently started refusing applicants with marriage certificates issued in the AJK en bloc on the basis that those certificates do not prove that a valid marriage has been contracted.

Affected families and their legal representatives state that the BHC is refusing to acknowledge that the Nikah forms or marriage certificates in the AJK have changed and no longer mirror those used in mainland Pakistan.

Thousands of people apply to join partners on spouse visas in the UK. A failure by the BHC to understand changes in local laws resulting in the revised marriage certificates being issued has led to unnecessary refusal of their applications, which is proving a nightmare for families.

Under the Pakistan Muslim Family Law Ordinance 1961, the prescribed form issued in Pakistan as proof of a marriage is a Nikah Nama and until recently the same Nikah Namas were also issued in the AJK. It is pertinent to mention that the Pakistan Muslim Family Law Ordinance 1961, which prescribes the form of marriage certificate to be issued in mainland Pakistan, does not apply in Azad Kashmir and this has been accepted in many Asylum and Immigration Tribunal decisions in the United Kingdom.

The government of Azad Kashmir recently prescribed a new form of marriage certificate known as â€˜Nikah Khawaniâ€™, which is then certified by a Tehsil Mufti. A Nikah Khawani is proof of a valid marriage having been contracted according to the AJK law.

A leading solicitor and immigration expert, who is campaigning on behalf of the affected families, explained that a proclamation was made in May 1988 to amend the form of marriage certificate issued in the AJK to a Nikah Khawani but this change was not actually implemented until recently.

Muhammad Amjad of Dexter Montague solicitors told The News: â€œIt appears that in practice the AJK authorities have continued to issue Nikah Namas until very recently and have only now changed their practice in this regard.

Also...

I have created a facebook group to try and contact all affected members.

Anyone else who is affected, please join my group. I plan to contact legal firms dealing with the issue and try to get some community based action to help back our appeals. I will be contacting my MP writing a template letter and would ask all of you affected to contact your MP's too (with this letter) so they can contact the BHC and try to get action done quicker.

It is a long shot but in the past it has worked. Recently they pledged to finish the backlog of applications (in November) after pressure from the public on British and Pakistani government.

We always as Kashmiri's say we're not represented and we don't have unity and direction, I'm no messiah but i'm trying to take a stand, if you know anyone affected, please let them know.

And the end of the day, all i want is to be able to hold my wife in my arms again.

http://www.facebook.com/group.php?gid=2 ... 127&ref=mf

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Spousal Visa Application - Pakistan

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