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Wifes Settlement Visa - Refused ( Appeal)

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Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Awais786
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Wifes Settlement Visa - Refused ( Appeal)

Post by Awais786 » Sat Apr 26, 2008 7:40 pm

HI, I'm new to this website and hope you will all welcome me and help me out. i applied for a settlement visa for my wife on 26/03/08 my wife went to collect her docouments on 25/04/08 and was told that her visa was refused on the basis that:-
A) my bank statments were dated up untill december 2007
B) my marriage certifacate was not attested by the union council in pakistan therefor we dont think you are married

the fact is i travelled from the uk on 24/12/07 and got married on 11/01/08 so i had taken all my paper work with me including my bank statments i could not get new bank statments because i was in pakistan at the time also my marriage certificate was attested from 2 different places apart from the union council.

what do you think i should do should i appeal or start all over again because an appeal will take alot longer wont it

eliasuk4u
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Post by eliasuk4u » Sat Apr 26, 2008 9:29 pm

An appeal takes long time atleast 6 months to a year. I would rather resubmit with all the missing documents..

batleykhan
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Post by batleykhan » Sun Apr 27, 2008 4:32 pm

I would not appeal and pay in excess of £700 to start a fresh.If everybody was doing this, the ECO's would be refusing people on the most minutest of reasons. Just imagine how much money they will make if everybody did this. Send the appeal notice with current bank statements, and go back to the Union Council where your marriage was registered to get it stamped.

If on the other handed you are loaded with money and want to start fresh again and can afford it then do it, but that doesnt guarantee your wife will get visa. I accept the appeal will take at least 12 months, as i am finding out to my cost

MSS
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Post by MSS » Sun Apr 27, 2008 8:12 pm

My husbands visa was refused in august last year, and we got the appeal date in March this year - personally, if you're working and can afford it, then I would reapply now. Honestly, its not worth the hassle waiting and waiting, you just become bitter and end up hating everything and everyone. I couldnt work up until now, because I have a baby, but youve been working all this time, so just reapply with all the correct documents and get your wife here as quickly as possible - dont let time pass by, you'll regret it like me.

lesley15
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wife settlement visa(refused)

Post by lesley15 » Sun Apr 27, 2008 8:37 pm

Don't know if settlement visa works the same as spouse visa but if refused you have 28 days from refusal where you can put in for a review of their decision and add updated bank statements and get correct marriage certificates. May be worth asking proffessional advice.My husband and i are trying this as some of our documents were out of date.

MSS
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Post by MSS » Sun Apr 27, 2008 8:46 pm

I dont know about other countries, but in Islamabad, Pakistan they do not review appeal documents. It is just complete nonsense - I know this from personal experience. I was waiting for our documents to be "reviewed" for 7 months, and i got a hearing date instead. So don't get caught up in this "review business" just go ahead and apply again.

gollywood
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Post by gollywood » Sun Apr 27, 2008 10:05 pm

I would appeal in the UK at the AIT.

This way you can highlight the inconsistencies of the HO.

And represent yourself. You'll do a more passionate job as you know the facts inside out.

Awais786
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Post by Awais786 » Sun Apr 27, 2008 11:18 pm

Hi Guys,

Thank you for your replies much appreciated!!

i agree with gollywood if i appeal in the uk it wont take aslong as it would take in islamabad and i will be able to represent my self here in the uk

i am working i dont have a problem with paying £700 for a fresh case again its just 2 minor issues that they have pulled up on so i think its worth the appeal if i put in a new case again they might pick something else out knowing what they like

i have discussed it with my family and decided to appeal and see what happens from there worse comes to worse il put the case in again wish me luck guys il keep you updated

MSS
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Post by MSS » Mon Apr 28, 2008 7:36 pm

Awais, I too was naieve like you, thinking that it wouldnt take long appealing in the UK and that there were only minor issues they would deal with straightaway. You have to imagine, every other person thinks like you, and so how many appeals do you think they deal with in a day? They will not deal with your case quicker because there are a "few minor issues", they'll do whats easier for them, and drag it out to an appeal hearing. They will not review your case. Point blank. You will probably be given a hearing date in 6-7 months time - do you really want it to drag out that long when you know if you apply again, it will be dealt with in 10 working days????

Its up to you, but please dont be naieve in thinking you are the only person appealing in the UK. Appealing in the UK doesnt mean it will be dealt with any quicker.

gollywood
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Post by gollywood » Mon Apr 28, 2008 9:19 pm

Awais786 wrote:Hi Guys,

Thank you for your replies much appreciated!!

i agree with gollywood if i appeal in the uk it wont take aslong as it would take in islamabad and i will be able to represent my self here in the uk
It does take time - our appeal date took 6 months to arrive.

However, its a great way to beat the HO! Much easier than reapplying as they basically just like to fail without reading, hoping people wont appeal.

When you appeal, they are embarrasedby the presiding judge who doesnt hold back!

eliasuk4u
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Post by eliasuk4u » Tue Apr 29, 2008 12:12 am

its a great way to beat the HO! Much easier than reapplying as they basically just like to fail without reading
We are not at war with Home office, the issue is how quickly one can bring his loved ones who is on the other side of the earth.

batleykhan
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Post by batleykhan » Tue Apr 29, 2008 9:52 pm

Awais
I sent my appeal papers to IAT in Leicester. They have sent two reminders to Islamabad, but there has been no respnse. My appeal date is 9/5. I am going to represent myself, and I am going to point out the incompetence of the HO and BHC in Islamabad.

The jist of this post,is dont think you will get things moving faster if you appeal here in UK than Pakistan. The problem lies with the ECO in islamabad who should get their finger out of their backside and get some work done. people have paid over £700 to lodge an application. I bet these ECO take 10 minutes looking at the documents before either granting or refusing visas

aeroman
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REVIEWS ARE MANDATORY!!!

Post by aeroman » Thu May 01, 2008 9:32 pm

REVIEWS ARE MANDATORY!!!

Gentlemen,

1. If you submit to AIT in U.K, then step 1 is that AIT send it straight back to POST (islamabad) for review by Entry Control manager (ECM). This document sending can take a few weeks from U.K to Pakistan. To avoid that, send it ASAP to Islamabad via DHL etc.

2. The ECM has to review the appeal, because he has to prepare a FULL and DETAILED report on why it was still refused, for sumbission to the AIT for a court hearing by a immigration judge in U.K, who looks at the this review report.

I know this because I was at one of these appeal hearings last week for a family member and and I put these questions to them.

They said: "ECM AT POST HAS TO REVIEW THE APPEAL FIRST"

Also I can tell you that from the date the appeal arrived in the embassy, the ECM has upto 16 weeks (4 months) in which to notify the AIT of review decision. it usually takes upto 3 months for your appeal to get to the ECM desk for review, and upto 1 month for AIT to get update.

I am also going through my wife's visa process and Insha-Allah we will have the decision overturned on review.

Provided you satisfy each point in refusal letter, they have no reason not to overturn the decsion on review, and Insha-Allah grant entry clearance without it having to go to AIT for hearing.

Hope this helps chaps.
Good Luck.
Allah Hafiz

MSS
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Post by MSS » Sun May 04, 2008 1:08 pm

OK....yes, review's are mandatory, but do they carry them out? NO. I have evidence stating the fact that my husband's case was not reviewed until I actually lodged a complaint on the UKVisa's webpage, and the ECM himself (Peter Winters, in Islamabad) replied to me the following day stating that the case would be reviewed on that particular day (3 months after we submitted the case for review) - coincidence?? NO, I dont think so....

The root cause of the problem here is the ppl working in the BHC - stuck up Pakistani's who think they are so important because they're working in the BHC - how many of you have had the phone slammed down on you when you have called the Gerry office or the BHC? These people have no manners, and talk down to you like you're a piece of c**p, when I know I'm more educated than they'll ever be. They're rude people who obviously have no phone ettiquette, or any idea that they're dealing with people's lives. The BHC should seriously consider re-training all their battery hens they have working there.

Anyway thats my view, and the main point I'm trying to get at here is that, if you case ever gets refused, just REAPPLY with the CORRECT papers....don't go down this appeal route - it breaks you, it really leaves you suicidal, and if you love your husband/wife, you won't care how much it costs, as long as they're with you....

TKhan
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Post by TKhan » Thu May 15, 2008 1:10 pm

Hi

My husbands application was refused today, and he has been given appeal papers whilst at the interview. He has been refused because of missing documents which we provided at the time of submission. Gerry's Fedex in Islamabad has lost certain papers, including wedding pics etc. I am heartbroken.

I don't know what to do!

I have told my husband to keep a copy of the appeal papers and send the originals to me. After that I want to send the missing docs to BHC in Islamabad, so that they can reconsider and I don't have to go down the appeal route.

Is it only the BHC in islamabad who can review the case or if I send it to AIT in UK will they review it or is that like appealing? I just don't want to deal with the incompetent idiots in Pakistan BHC anymore, I have had enough, I just want someone in UK to sort this out as this has happened through no fault of my own, Gerry's fedex has lost my original documents, which thankfully I have photocopies of. Someone please reply and help me out.

The though of fighting this thing out over a year is killing me.

khan85
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Post by khan85 » Thu May 15, 2008 1:18 pm

thats bad news TKhan.. :(

what did ur hubby say about the interview?? or did they just simply refuse it ??

sorry to hear that..

TKhan
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Post by TKhan » Thu May 15, 2008 2:17 pm

Hi Khan

At interview my husband told them that all the papers they are mentioning were provided, but have been lost by Gerry's - they said well take it up with Gerry's. and were not bothered at all that we have originally given the documents which they say they don't have. They were just not willing to listen at all.

What I don't understand is, why did they call my husband for an interview at all if they have so much paperwork missing and they were definitely not willing to consider granting the visa?

khan85
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Post by khan85 » Thu May 15, 2008 3:03 pm

hmm.. thats true why did they bother calling ur hubby in the first place?? they could have just simply rejected it..

i cant beleve how they can just mess things up like that, dont they even think for a sec thats its someones life there messing with..

MSS
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Post by MSS » Sun May 18, 2008 8:30 pm

Tkhan - well youre lucky that they called your husband in for an interview to ask about missing papers. They didnt even ask my husband to come for an interview and we had missing papers too. They refused it without even asking for additional documents. So until my husband gets his visa and hes here with me, I will think badly of the BHC in Islamabad, because they have ruined my life and my baby's life, and i seriously hope that all people working there have no serenity in their lives, because they've taken all the happiness in my life and thrown in down the drain.

TKhan
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Location: Manchester

Post by TKhan » Mon May 19, 2008 9:30 am

Dear MSS,

I know exactly what u must be going through, I am absolutely heartbroken.

However, I hope you are aware that even though they did not ask you to attend an interview, you can still send all your docs to there during the 28 days from the date of refusal and they do look at the missing docs you provide, and tell them in a covering letter that they lost the papers originally. You never know they could look at the supporting documents and overturn the decision.

t44bby
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Post by t44bby » Tue May 27, 2008 3:25 pm

PLEASE CAN SUMBODY HELP..I NEED TO TRACK MY HUSBANDS APLLICATION STATUS ON THE GERRYS WEBSITE..BUT I DONT KNOW HOW TO DO THAT..I MEAN HOW TO ENTER THE REF NO:..MY HUSBAND SUBMITTED HIS APPLICATION ON THE 15TH OF APR 08..NOT HEARD ANYTING AS OF YET..ALL THY SAY IS CALL IN COULE OV DAYS...

TKhan
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Location: Manchester

Post by TKhan » Wed May 28, 2008 10:00 am

Hi

Go to www.ukvacpk.com, then, track your passport, then simply enter the reference number you have been given and your husbands date of birth.

TKhan
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Joined: Sat May 03, 2008 8:36 am
Location: Manchester

Post by TKhan » Wed May 28, 2008 11:30 am

Hi

Please can someone help me...

I am going to send my husbands appeal papers back to islamabad where he was rejected. However, I am not sure whether to bother appealing...because...

They refused the application due to the fact that they are concerned about whether I can support my husband as I have not provided adequate proof of income...However, since his refusal...I have got myself a permanent, full time job. Which I have the offer letter and employment contract for...however, as I haven't been paid yet (only been a week) don't have any wage slips yet.

Are we allowed to submit new information like this when we appeal within 28 days, or would that be classed as a development after the refusal for which I should be submitting a new application?

Many thanks for your responses in advance.

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