Spousal Visa Application - Pakistan

exact wording...

I have refused your visa application on this occasion because I am not satisfied on the balance of probabilities that you meet all of the requirements of paragraph 281 of the immigration rules.

I note that you were married in pakistan on 13/10/2009 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 were married. You have not provided a nikah nama or any evidence that your marriage has been registered.

And it was rejected on the 14th of december. I have 10 days left to appeal.

Jameel17 wrote:And it was rejected on the 14th of december. I have 10 days left to appeal.

you dont have 10 days to appeal. you have 28 days from today (its the day your wife collects her passport from the Gerrys).

your visa was refused becasue you submitted nikah khuwani instead of a nikah namah. Not to worry nikah khuwani has been confirmed by the bhc to be a valid certificate of marriage. Does you nikah namah haev a mufti stamp on it ?

The good thing is you dont need to attach any further evidence to your application just a letter along with the following article (aslong as the marriage certificate was the sold reason of refusal:

UK Border Agency: Nikkah Khuwani certificates (31/12/2009)
Further to reports about refusal of visa applications submitted with new Azad Jammu and Kashmir Nikkah Khuwani certificates, the UK Border Agency has said:
"The UK Border Agency operation at the British High Commission in Islamabad conducts robust checks on visa applications. These checks are not specific to Pakistan and the UK Border Agency has a duty to remain vigilant to guard against the risk of false documents being submitted with visa applications.


UK Border Agency has checked the validity of new Nikkah Khuwani certificates now being issued in AJK with the regional Ministry of Religious Affairs. It was right that the Agency took the time to check the validity and features of the new document.


"UK Border Agency can confirm that these checks have now been made and that genuine Nikkah Khuwani and Nikkah Nama forms from AJK submitted with marriage visa applications will be accepted as evidence of marriage for the purposes of a UK visa application. Visa applicants who have previously submitted the new Nikkah Khuwani forms and were refused solely on the basis of the validity of marriage certificate should submit an appeal to the UK Border Agency in London directly.

Please note the following address for the UK Visa Section in London: UK Visa Section, 7th Floor Apollo House, Croydon CR9 3RR. On receipt of this appeal their application will be re-considered."


http://ukinpakistan.fco.gov.uk/en/newsr ... d=21513885

I am on TIER 1 Skilled worked visa, I applied for Spouse visa of my wife from Lahore and it got rejected on the basis that "You are under the age of 21 and therefore do not qualify as spouse of your sponsor in UK"

But in fact the age limit for Spouse visas of all PBS (Tier 1234) is 18. It is clearly mentioned here:
http://www.ukba.homeoffice.gov.uk/sitec ... artner-age

and
http://www.ukba.homeoffice.gov.uk/sitec ... policy.pdf

Now the problem is they also didn't give the right to appeal and mentioned "Any future applications also fall to be refused until (the age of 21)"

Please advice me what should I do? to whom I should contact... how can i clear these things to them ?

Please guide me ?

thanks.

usman, yeh nikah namah does have muftis stamp on it.

JAMEEL

i am extremely sorry to hear of the rejection, for someone also waiting on a decision, i can understand how devastating it is, good news is tho, as ukusman said, you should win the appeal easily

just now, i had a look on the visa status site and it said that my wifes application has been processed and is ready for collection but she has not recieved a call yet, this just changed today as i checked it yesterday, i cant wait to call her tomorrow and tell her to check at the centre and see if its in

i too, am worried i my application could be rejected for the same reason, please wish me luck fellow brothers, inshallah, we will all reach the time we can be with our loved ones

akhan19 wrote:JAMEEL

i am extremely sorry to hear of the rejection, for someone also waiting on a decision, i can understand how devastating it is, good news is tho, as ukusman said, you should win the appeal easily

just now, i had a look on the visa status site and it said that my wifes application has been processed and is ready for collection but she has not recieved a call yet, this just changed today as i checked it yesterday, i cant wait to call her tomorrow and tell her to check at the centre and see if its in

i too, am worried i my application could be rejected for the same reason, please wish me luck fellow brothers, inshallah, we will all reach the time we can be with our loved ones

Hi Adnan,

Did your nikhah takes place in AJK??? And if so did you submit a nikah khuwani or nikah namah ? was it registered with union council ?

and also where did you submit and when ?

As alot of the applications who submitted in oct, nov and early december are all bein refused because they submited nikah khuwani. Just do dua if you submitted nikah khuwani that your case has not been processed as of yet.

it just seems to me that recently the ECO just goes right through the nikah khuwani page and sees if it states nikha namah or nikha khuwani and then refused instead of looking at the rest of the application. hence why the quick turn around of cases.

Jameel17 wrote:usman, yeh nikah namah does have muftis stamp on it.

Jameel this post is for you- i submitted this on another forum who had the same problem as you.

There are many solicitors out there who will tell you anyhthing to make money. If you look at my previous post where i stated the following - if you appeal you may receive one out of three responses which are :

1- You will get a letter stating your case was relooked at and the initial decision will not be changed ( this will be a total lie if it is not overturned providing the nikah nama issue was only the reason for refusal. You have evidence that the new marriage document (nika khawani) is valid so does bhc who confirm this and are asking people to send their appeals for reconisderation.

2) We did not relook at your case .... because we do not have enough resources to do so : Surely the eco having a relook at your case will use far more less resources and tax payers money than a full blown appeal which will require a judge, home office staff and so on. The appeal would use far more resrouces than reconsideration So therefore this is when your MP comes in to play - who could force the ECO to reconsider as the BHC agree that the reason for such refusal was incorrect

3) The case will be reconsiderd : you will receive call letter and your wife can submit her passport and visa will be issued.

So now the choice is yours what you decide to do.

desertman wrote:I am on TIER 1 Skilled worked visa, I applied for Spouse visa of my wife from Lahore and it got rejected on the basis that "You are under the age of 21 and therefore do not qualify as spouse of your sponsor in UK"

But in fact the age limit for Spouse visas of all PBS (Tier 1234) is 18. It is clearly mentioned here:
http://www.ukba.homeoffice.gov.uk/sitec ... artner-age

and
http://www.ukba.homeoffice.gov.uk/sitec ... policy.pdf

Now the problem is they also didn't give the right to appeal and mentioned "Any future applications also fall to be refused until (the age of 21)"

Please advice me what should I do? to whom I should contact... how can i clear these things to them ?

Please guide me ?

thanks.

This is crazy! It seems they've employed a bunch of idiots in Abu Dhabi.

You should write a letter/email to the Entry Clearance Manager with reference to their guidance notes. I am sure he/she will take notice and overturn the stupid decision.

thanks high_aimer

yeh you r right, they r idiots nd r confused by themselves. They r mixing up all the rules.

thanks for advice, i will do so nd will send them the email and letter as well.

let see they change their decision or not.

ukusman wrote:GOOD NEWS REGARDING NIKAH KHWANI

READ BELOW

UK Border Agency: Nikkah Khuwani certificates (31/12/2009)
Further to reports about refusal of visa applications submitted with new Azad Jammu and Kashmir Nikkah Khuwani certificates, the UK Border Agency has said:
"The UK Border Agency operation at the British High Commission in Islamabad conducts robust checks on visa applications. These checks are not specific to Pakistan and the UK Border Agency has a duty to remain vigilant to guard against the risk of false documents being submitted with visa applications.
UK Border Agency has checked the validity of new Nikkah Khuwani certificates now being issued in AJK with the regional Ministry of Religious Affairs. It was right that the Agency took the time to check the validity and features of the new document.
"UK Border Agency can confirm that these checks have now been made and that genuine Nikkah Khuwani and Nikkah Nama forms from AJK submitted with marriage visa applications will be accepted as evidence of marriage for the purposes of a UK visa application. Visa applicants who have previously submitted the new Nikkah Khuwani forms and were refused solely on the basis of the validity of marriage certificate should submit an appeal to the UK Border Agency in London directly. Please note the following address for the UK Visa Section in London: UK Visa Section, 7th Floor Apollo House, Croydon CR9 3RR. On receipt of this appeal their application will be re-considered."


http://ukinpakistan.fco.gov.uk/en/newsr ... d=21511000

so no need for solicitors to carry out appeals if visa was refused solely on the basis of nikah khwani not bein valid. Also no further documents required either hehe. Just submit all the original documents you initially submited and your case will hopefully be reconisdered. Batley Khan after all you dont require a union council stamp in AJK The Mufti stamp is sufficient

Hi ukusman

Thanks for posting the above thats a relief to hear

Can i ask one question though: Does the Nikkah Khawani 'ENGLISH' version have a physical stamp from the Mufti's office??

Ive just checked my one and it has the name of the Hafiz etc that attended the Nikkah inlcuding name of union council office but not a physical stamp on the English version from a Mufti office? It has however been attested by a solicitor in Mirpur with their stamp - Is this how its should be and is this fine?

I have'nt applied yet will do in February when my Mrs turns 21 so got some time to sort this out

Thanks

zs786 wrote:

ukusman wrote:GOOD NEWS REGARDING NIKAH KHWANI

Hi ukusman

Thanks for posting the above thats a relief to hear

Can i ask one question though: Does the Nikkah Khawani 'ENGLISH' version have a physical stamp from the Mufti's office??

Ive just checked my one and it has the name of the Hafiz etc that attended the Nikkah inlcuding name of union council office but not a physical stamp on the English version from a Mufti office? It has however been attested by a solicitor in Mirpur with their stamp - Is this how its should be and is this fine?

I have'nt applied yet will do in February when my Mrs turns 21 so got some time to sort this out

Thanks

Hi
Your translated copy does not require a muftis stamp and is fine aslong as it has been attested by a solicitor.

So not to work. And make sure you plan before applying and dont rush things

hi ukusman

i submitted a nikkah nammah, i was married in dina, near jhelum and i specifically remember a council member coming to the niqqah ceremony to sign the nikkah nammah,

i called my wife today and the passport is ready for collection, she is going to collect it tomorrow which is also her birthday, inshallah, it will be accepted, that would be the best birthday gift for her, on the flipside, it could totally ruin her birthday if rejected

i think the nikkah nammah should be ok, the only thing i am concerned about is the evidence i submitted regarding contact, i sent a dvd of our wedding, some photos of us on and after the wedding and that is about it,

i have heard of people sending phone records, letters etc and i am extremely concerned i underestimated the requirement for proof of contact and a proper relationship

i will be devastated if it is refused

i will let everyone know what happens once i have found out

case submitted - 13/11/2009
call recieved - 05/01/2010
going to collect - 06/01/2010

brother jameel, could you advise what you sent as proof of contact with your wife as the reply you recieved seems to suggest they were satisfied with the evidence regarding contact with your wife


and also, has anyone been rejected just for sending photos and a wedding tape on the basis of lack of evidence for contact and a proper relationship

Akhan, I don't think they even watch the wedding tape. The photos will be looked at however. Do you have any emails sent to eachother? Or letters? Phone bills? If you've emailed eachother you can do a print screen shot.

no, my wife is from a village, no internet access for her, i have called her every day since i came back from pakistan so could get call records but did not submit this with my application, big mistake i know

i have a strong feeling the photos will be insufficient evidence

akhan19 wrote:no, my wife is from a village, no internet access for her, i have called her every day since i came back from pakistan so could get call records but did not submit this with my application, big mistake i know

i have a strong feeling the photos will be insufficient evidence

fingers crossed that everything goes well for you.

Salam brothers and sisters,

i have been unable to post as i have not had access to computer.

Alhamdullillah My wifes visa application was successful, she picked her passport up today.

Case submitted 19/11/2009
Internet status changed 04/01/2010
Collected today

im so happy how long does she have to come to the UK.

Well done and congratulations on your success.

One more happy couple

Hi, inshallah my wife will be resubmiting her application on friday.

For the contact with my wife i have not include any call history, email or sms. But heres a list of what i have included : -

-Photos of me and my wife from 2005 when i first met ( clearly see we were alot younger then than now)
- Photos of the wedding (June 2009)
- phots of outgoings togeather(june 2009)
-photos from october 2009 when i revisited my wife along with airline ticket receipts
- 2 Receipts showing money sent to my wife all togeather around (£350) over 6 months.
- 2 Envelopes along with their contents which were eid cards from my wife
- DHL shipment label when my wife sent the papers last time when her case was refused
- and about 6 calling cards and 5 lyca mobile receipts (added even though they dont prove anything)

I also provided a copy of my documents to my MP. Who has agreed that he will make representation even though every case is seen on its credibility and meeting the immigration criteria set

i think this should be sufficient. What do you think Batley Khan ? As your opinion as valued greatly.

thanks
usman

Hi my wife also got a call from Gerrys to pick her passport pls all make dua that we have good news

Submitted: 30/10/09
decison made from ukhub on 9/12/09
received call on 5/1/10
collection date 6/1/10

Thanks

suleman78692 wrote:Hi my wife also got a call from Gerrys to pick her passport pls all make dua that we have good news

Submitted: 30/10/09
decison made from ukhub on 9/12/09
received call on 5/1/10
collection date 6/1/10

Thanks

Hi Suleman,

Where in pakistan did you get married ? if in AJK did you sumbit nikah nama or nikha khuwani ?

I got married in Karachi

suleman78692 wrote:I got married in Karachi

Inshallah your wife will get her visa tomorrow. My duas are with you

akhan19 wrote:
brother jameel, could you advise what you sent as proof of contact with your wife as the reply you recieved seems to suggest they were satisfied with the evidence regarding contact with your wife

I didnt send any proof of contact. I collected all my papers and took them with me before the weddng. The sponser letter stated that it is an arranged marriage etc. Ive been keeping in touch with her after the wedding via lycamobile.

I submitted the following papers:

sponsorship form
marriage certificate (english translated)
Nikkah Khwani
photocopy of my passport with copy of the entry into pakistan stamp
photocopy of my ticket
6 month bank statements of 2 accounts
utility bill showing my current address
land registry
p60 for 2008-09
letter showing tax code change for the past year
pay slips (I get paid weekly so collecting these was a mission)
letter from work
copy of work ID
copy of birth certificate
letter from estate agent
wedding photos

Thats all I can remember from the top of my head lol. Ill keep on adding as I remember

After the useful info brother ukusman gave, im 1000% confident now

Hi There with grace of Allah my wife collected her passport with the Visa

I would like to thanks everyone on the forum who helped me out with the advise special mentions to batleykhan

Thanks