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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
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RM786
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Posts: 131
Joined: Sat Jul 04, 2009 3:27 pm

Post by RM786 » Thu Jul 09, 2009 12:43 pm

Well that is pretty good to be able to do this.

OK to update ive gotten my dads 08-09 mortgage statement. also phoned the mortgage company they said we can send a letter within 5 days to prove dads paid all mortgage payments on time. im going to also phone the accountant today to sort out the accounts and send them to revenue and customs.

Do i need to send the appeal to BHC because i want them to overturn the decision!! and i know this very good cheap solicitor who might be able to write me out letter with my appeal. Shell i demand them to overturn the decision???? Is writing a letter with the appeal a good idea? please advise.

Thankyou.

batleykhan
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Post by batleykhan » Thu Jul 09, 2009 3:13 pm

OK to update ive gotten my dads 08-09 mortgage statement. also phoned the mortgage company they said we can send a letter within 5 days to prove dads paid all mortgage payments on time.


Don't forget to ask for copy of the title deed to say your father own the property
im going to also phone the accountant today to sort out the accounts and send them to revenue and customs.
Is this so HMRC have got proof that you are paying your tax and NI. I hope they do have previous record of you paying tax and NI, otherwise your application will look dodgy, as the BHC do make inquiries of HMRC.
Do i need to send the appeal to BHC because i want them to overturn the decision!!
Yes its better to return it to the BHC if you have time to get it there. Remember you have to send your appeal to the Abu Dhabi Office, not Islamabad or Karachi within 28 days. If you are running out of time and cant get it to Abu Dhabi, then post it to AIT in Leicester
and i know this very good cheap solicitor who might be able to write me out letter with my appeal.
I am afraid good solicitors dont come cheap. You get what you pay for
Shell i demand them to overturn the decision???? Is writing a letter with the appeal a good idea? please advise.
No you dont demand things because you are not in a position to demand, you can ask them to reconsider the earlier decision on the basis of the new information you have supplied to counter their belief that you dont have sufficient accomadation and funds to support your wife when she comes here.

There is a technique to writting and completing the Appeal Notice. A well written appeal notice counter claiming their arguments stands a good chance being read and the earlier decision reconsidered carefully and maybe overturned.

The Appeal Notice would begin something like this ( you fill in your own bits)

Dear Sir

Re: Appeal against a refusal of Spouse Visa – Mrs Full Name & DOB (01/01/1946)
Post Refs Abu Dhabi / 248545.

I am writing to inform you that I wish to make a formal appeal under Section 81(2) of the Nationality, Immigration and Asylum Act 2002 against the decision of the ECO to refuse the above named applicant a spouse visa at the Abu Dhabi post on 27th April 2009.

I am appealing on the grounds that the decision made by the ECO was not in accordance paragraph 41 with the Immigration Rules.

The reasons for Refusal as given by the ECO are as follows:

Refusal Reason 1


Here you put the exact reason given in the appeal notice word for word

Appellant Response

Here you get chance to say why you think the decision is wrong and what evidence you have to prove it otherwise

After this you put down other reasons for refusals and your response to them, until you have argued every point that they have refused you on.

Finally you end with this paragraph

On the information and evidence supplied with this Appeal Notice , the Appellant and her sponsor humbly asks that the initial decision to refuse a visitor visa be reviewed in light of the new evidence and be overturned and a spouse visa be granted to enable the appellant to join her husband in the UK

After doing this you keep your fingers crossed and hope they overturn the earlier decision and grant visa, if not you have a 6 months wait for your appeal hearing here in the UK.

Dont do the notice till you get all your evidence together, but remeber you have to do things fast as you only have 28 days to get papers in otherwise its to late

Hope this helps

philwafc
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Post by philwafc » Thu Jul 09, 2009 3:15 pm

Yes RM786, we have an appeal ongoing and are going to put in a new application aswell. Of course there is no guarantee they will grant a visa 2nd time around so it is a risk because you have to pay the visa fee all over again which aint cheap, but like yourself I want my wife over here with me as soon as possible. I've weighed up the pros and cons and i'm prepared to take that risk, but like I said before its a personal choice, people are different with different situations. If the 2nd application works then brilliant it will have been worth every penny and if not, then thats life and i'll keep plugging away till she gets her visa! Just my opinion like!!

RM786
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Post by RM786 » Thu Jul 09, 2009 7:48 pm

Thanks for the reply Batleykhan.

Title deeds? is that the land registry? do i get from the mortgage company or the bank??

Just had a word with a solicitor today and he said that file your appeal with AIT and not to bhc?? i said theres a chance i have the decision overturned if i go to BHC. he goes it doesnt work like that and youve heard "HEAR SAY"?? Im more convinced by you then the solicitor my friend. Another person i spoke to also saying the same thing as you Batleykhan.

Also i asked him can you file a application at the same time have an appeal running. He said no you cant do that as that would waste valuable court time and you wont get visa.

He also said if you appeal and get refused your less likely to get a visa after another application!!!.

Thanks philwafc, when are you going to file your new application?? and have you got a court date yet for your appeal??

2036789
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Post by 2036789 » Thu Jul 09, 2009 9:41 pm

batleykhan wrote:
Also guys i had a word with a solicitor my sister used he said the appeal process is very long as i already know. if i have all the correct documentation is it worth putting in a fresh application. personally i would take the appeal route because its risky re- applying, but if anyone else thinks otherwise then please post.
What fresh and correct docs are you going to provide that you already havent before. Also remeber its going to cost you a further £500+ and you are not guaranteed to get visa.

Sorry to say but with things like this you only get one opportunity to make sure you prepare your docs very carefully and well in advance of applying for your spousal visa.

Unfortunately somepeople dont think and prepare carefully and instead do hastily resulting in a refusal first time,and if you get refused 1sr time, you will normally get refused subsequently after that.

If i was in your sittuation I would appeal.Its suprising what you can learn and achieve if you take on teh authority
its not all doom and gloom as baitley has put it if your visa is refused firsrt tim here dont be put off, i know plenty of people who have there 1st application refused and get in the fresh or appeal, ppl eventually get it as long as there is nothing dodgy in the papers.
Rm786 seeing as your going to have to provide 6 months statement agn you might aswell go to the appeal rather then forking out £700 agn ( fresh is only good option for you if you dont want to wait that long ) if all your documents are correct then inshallah you will very likely to get the visa there, as ppl usually get it in the appeal if all documents are good
MM

batleykhan
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Post by batleykhan » Thu Jul 09, 2009 11:07 pm

Title deeds? is that the land registry? do i get from the mortgage company or the bank??
The title deeds will the bank as they are co owners of your dads property because he has got a mortgage from them. As they will have the title deeds in their possesion untill your dads pays off the morgage, you will have to ask them for a copy . If hat is a problem you can get one online by paying £6 from the land registry website
Just had a word with a solicitor today and he said that file your appeal with AIT and not to bhc?? i said theres a chance i have the decision overturned if i go to BHC. he goes it doesnt work like that and youve heard "HEAR SAY"?? Im more convinced by you then the solicitor my friend. Another person i spoke to also saying the same thing as you Batleykhan.

The only advnatge of sending your appeal direct to the BHC rather than AIT is that you will save yourself some 6-8 weeks. if you send it to AIT they will forward it to HO who will then forward it to the BHC. this will take about 6 weeks. So if you cut out AIT and send direct to BHC,you will save this time. The only person who can overturn the decision is the Entry Clearnance Manager at the BHC and nobody else.

Th eadavantage of sending it to AIT is that remeember you have 28 days to lodge the appeal from recieving the refusal notice. Now by the tim eyou get the additional docs for your appeal, if you dont have enough time to send docs by post to BHC ( can talke about week) you send it to AIT to make sure you get it in time. Remember if you dont get in time, yoiur appeal chance is gone. As i said previously if you gety a cheap solicitor, then you get what you pay for. that is why I suggest you use UKIAS rather than solicitor

Also i asked him can you file a application at the same time have an appeal running. He said no you cant do that as that would waste valuable court time and you wont get visa.
What a load of twaddle, you can make a fresh application at anytime even when your appeal is pending. If you are lucky to get visa then you just withdraw your appeal
its not all doom and gloom as baitley has put it if your visa is refused firsrt tim here dont be put off, i know plenty of people who have there 1st application refused and get in the fresh or appeal, ppl eventually get it as long as there is nothing dodgy in the papers.
Rm786 seeing as your going to have to provide 6 months statement agn you might aswell go to the appeal rather then forking out £700 agn ( fresh is only good option for you if you dont want to wait that long ) if all your documents are correct then inshallah you will very likely to get the visa there, as ppl usually get it in the appeal if all documents are good
People will get their visa sooner or later whether it is by making a fresh application or appealing, providing you have prepared your case carefully and provided the correct document.

As someone who deals with immigration matters a lot, I know for a fact that it is a common practice in certain BHC in various countries that visa applications are refused for minor mistakes,because the ECO knows full bloody well that the applicant will reapply and pay £500+ again rather than appeal, and so second tome around visa is granted.

Well I am sorry to say its just cost some poor hardworking person a hard earned thousand pounds with just the fee of application. You time this by the thousands of appliaction jsut recieved in Pakistan, you can see its big money.

My advise to those getting married in Pakistan is to start preparing well in advance by getting the correct docs and papers checked by an immigration specialist prior to applying. That way you save yourself a lot of hassle.

I think I have spent so much on this post, i am going to take a rest. RM786 are you sur you know what you have to do?. Good luck

RM786
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Post by RM786 » Thu Jul 09, 2009 11:37 pm

Batleykhan,

Just to let you know you are more than welcome to take a rest. I got to say on this forum you are the one thats helped me the most and i can see that you give advice to anyone and everyone. I really appreciate your advice. If my appeal is successful which inshallah it will be, most of that will be down to you. Also i dont want to offend anyone else whos given me good advice. Im sure even you guys will appreciate Batleykhan's responses which are very detailed.

Ok enough of the credit.

One more thing before you take a break. the application was made pakistan so shouldnt i be sending the appeal BHC islamabad. If i send to Abu dabhi will it be the right place. What is the address i need to send to??

Thankyou!!!

batleykhan
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Post by batleykhan » Fri Jul 10, 2009 9:42 am

here you are
Visas for the UK

How to apply for a UK visa in Pakistan
Where can I get information?

The UK Border Agency and the British High Commission Islamabad work in partnership with a commercial organisation: Gerry’s International. You can find out whether you need a visa and how to apply through Gerry’s website. Gerry’s also provides information through an e-mail and telephone enquiry service. The numbers are: 090010411 (PTCL land lines) or 8865 (short code for all mobile providers) and cost PKR 10 /min. All the information provided is supplied and approved by The UK Border Agency.

"Please note that the British High Commission Islamabad is unable to provide visa information to personal callers. Please contact Gerry's as described above."
Do I have to pay?

Website and email information is free of charge but there is a charge for using the telephone service.
Where can I get advice?

Gerry’s and its staff cannot give you advice on how to complete your application, or what type of visa you should apply for. If you need help with your application, or advice about the UK’s immigration rules and requirements, you should contact a qualified professional immigration adviser or lawyer. You can also contact the Immigration Advisory Service (IAS) for advice. The IAS is a voluntary organisation independent of government, and can provide confidential advice for you and your representatives. In the UK, these are immigration advisers regulated by the Office of the Immigration Services Commissioner (www.oisc.gov.uk) or legally qualified professionals regulated by designated professional bodies. Their websites are:

* Law Society of England and Wales
* Law Society of Scotland
* Law Society of Northern Ireland
* Institute of Legal Executives

How do I submit my application?

Gerry’s manages Visa Application Centres in Islamabad, Karachi and Lahore where you should submit your application and your biometric fingerscans.
Who decides whether I will get a visa?

Your visa application will be processed and decided by the UK Border Agency staff. Neither Gerry’s, nor any of its staff play any part in, nor can they influence the outcome of your visa application. If any member of staff employed by Gerry’s claim to be able to influence your application you should inform the British High Commission.
Where to send appeals

You may send appeals by post to:

Asylum and Immigration Tribunal
PO Box 7866
Loughborough LE11 2 XZ
United Kingdom
Alternatively, you may fax them to: 0044 (0)15 09 221 699

Or

Visa Section,
British Embassy (Abu-Dhabi),
Khalid-bin-waleed Street,
P.O.Box 248,
Abu-Dhabi,
United Arab Emirates.

Please do not send the appeals to British High Commission Islamabad or the Visa Application Centres (VAC’s)
Service standards - complaints and compliments

The UK Border Agency aims to offer a fair and professional service to all our customers. We welcome feedback which helps us to focus on where we need to improve.

If you have any comments, or are concerned about the standard of service you received, please let us know. We investigate all complaints fully and will send you a reply within 20 working days:

Important
Due to the volume of applications that are processed, please refrain from contacting until after the current processing timeframe has elapsed. We are unable to provide updates on the progress of visa applications due to the volume of applications.
Visa Application Centres
If you applied for a visa at Lahore VAC (Gerrys Fedex) on or after 27 October 08 and wish to contact us, please email visa.abudhabi@fco.gov.uk (and any subsequent appeal enquiry should also be sent to this specific email address).

If you applied for a visa at Karachi VAC (Gerrys Fedex) on or after 10 November 08 and wish to contact us, please email visa.abudhabi@fco.gov.uk (and any subsequent appeal enquiry should also be sent to this specific email address).

If you applied for a visa at Islamabad VAC (Gerrys Fedex) on or after 21 May 09 and wish to contact us, please email visa.abudhabi@fco.gov.uk (and any subsequent appeal enquiry should also be sent to this specific email address).

If you applied for a visa at Mirpur VAC (Gerrys Fedex) on or after 19 June 09 and wish to contact us, please email visa.abudhabi@fco.gov.uk (and any subsequent appeal enquiry should also be sent to this specific email address).
Please note that Gerrys Fedex Gerry’s also provides information through an e-mail and telephone enquiry service. The numbers are: 090010411 (PTCL land lines) or 8865 (short code for all mobile providers) and cost PKR 10 /min. All the information provided is supplied and approved by The UK Border Agency.

Complaints
If you have a comment or complaint relating to this, please write to: The Entry Clearance Manager at the British Embassy Abu Dhabi, Khalid Bin Waleed St (Street 22) opposite Khalifa Bin Zayed Mosque, Abu Dhabi, UAE or email visa.abudhabi@fco.gov.uk.

Appeals
For any appeal that was lodged on applications prior to the above dates, the enquiry should be sent to visqry2.islamabad@fco.gov.uk If you have a comment or complaint relating to this appeal, please write to: Deputy Director Visa Services at Visa Section, British High Commission, Diplomatic Enclave, Ramna 5, PO Box 1122, Islamabad.

Settlements
All enquiries regarding settlement applications submitted on or after 28 January 09 should be emailed to: UKHUB.PAKISTANGeneralEnquiries@fco.gov.uk (and any subsequent appeal enquiry should also be sent to this specific email address).

philwafc
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Post by philwafc » Fri Jul 10, 2009 9:58 am

RM786, we put our appeal in, in May. At the BHC in Addis Ababa(my wife is Ethiopian) they did not overturn their decision and we both got a letter from the AIT (I got a lettter because i'm her representative for the appeal) to tell us that the ECO has until 14th September to send off all their info to the AIT in the UK. Then sometime after this date they will give us a date for the hearing. The earliest date we will get will be November as it takes at least 6 months from when you lodge your appeal..could be longer. We havn't put our 2nd application in yet, we will do this some time in September we think, just to make sure we have everything spot on this time (hopefully)

RM786
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Post by RM786 » Fri Jul 10, 2009 10:48 am

Batleykhan thankyou for the swift reply. i will keep everyone posted on the outcome.


Philwafc, Why was your visa refused the first time and what documents did you send to th etheopian uk embassy to counter their refusal??

Thankyou for help much appreciated

RM786
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Post by RM786 » Fri Jul 10, 2009 1:48 pm

Where to send appeals
If your reference number is prefixed by ISB, you should send your appeal papers to:
Asylum and Immigration Tribunal
PO Box 7866
Loughborough LE11 2 XZ
United Kingdom

Or

UK Border Agency visa application centre
British High Commission
Diplomatic Enclave
Ramna 5, PO Box 1122
Islamabad

Alternatively, you may fax them to: 0044 (0)15 09 221 699

If your reference number is prefixed by AUH, you should send your appeal papers to:

Asylum and Immigration Tribunal
PO Box 7866
Loughborough LE11 2 XZ
United Kingdom

Or

UK Border Agency visa application centre
British Embassy
Khalid Bin Waleed Street
PO Box 248
Abu Dhabi
UAE

Batleykhan i know you said send visa appeal to abu dhabi but why on the ukvacppk website does it say send to islamebad?? i just want to send it to the right place??

batleykhan
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Post by batleykhan » Fri Jul 10, 2009 2:39 pm

I have sent a few settlement appeals to Abu Dhabi lately. It should state that on your wifes refusal notice if you have a close look
Last edited by batleykhan on Fri Jul 10, 2009 2:42 pm, edited 1 time in total.

philwafc
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Post by philwafc » Fri Jul 10, 2009 2:41 pm

RM786, I live with my brother at his house and even though we had proof it was his house and he wrote a letter stating it was his house the letter did not state that we had actual permisson to live there. Also what I said I was earning did not match what I put into my bank account every week, because I get paid cash I have been just depositing what I wanted to into my account-there's no law where you have to put all your earnings in the bank, but of course the ECO doesn't look at it like that and I was depositing less than what I actually earned so the ECO wouldn't have belived my earnings. Also I wasn't taking money out of my account to pay my brother rent (I just give him cash) so they were suspicous of that. No "activity" on my bank statement I think. Plus I did my own accounts and they should have been done by an accountant really. Also because i'd been in Ethiopia a month they didn't believe i'd still have my customers when I got back home! Even though i've had the same customers for over 10 years and in this time took loads of time off to go backpacking round the round and every single one has remained loyal!! But the ECO will pick on the slightest thing. To be honest the only things extra we put in the appeal were the letter from my brother and letters from my customers, we didn't have much time to get the appeal in because i'd been in Addis so I was rushed to get the correct things, so I think our appeal bundle is quite weak, another reason for re applying. Didn't really do my homework first time around and was probably naive aswell just thinking "well we are 2 honest people and are not trying to shaft the system so we will be fine" Now I know it doesn't work like that though...

RM786
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Post by RM786 » Fri Jul 10, 2009 4:02 pm

OK batleykhan ive looked at the "ukinpakistan" website and on there it says you should lodge your appeal to abu dhabi and NOT BHC islamabad. You were right thankyou. So if you dont mind me asking do you do this immigration stuff as a living??

philwafc, oh i see make sure you are well prepared this time round just put loads of evidence with you application hopefully you will succed.

my acountant coming to see me on sunday so im gna ask him to do my accounts asap.

ska_abbas
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Post by ska_abbas » Fri Jul 10, 2009 6:58 pm

can anyone please advice me on maintenance funds. I am on PSW and want to bring my wife here in uk. How much money should I have in bank account??

RM786
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Post by RM786 » Fri Jul 10, 2009 7:16 pm

Hi you can see the maintenance funds here!

http://www.ukba.homeoffice.gov.uk/worki ... ntoffunds/

RM786
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Post by RM786 » Mon Jul 13, 2009 12:03 am

HI

People whats going on why is nobody posting. Comon post lets hear the latest updates for everyone.

My appeal process is underway. saw my accountant today and hes going to do my accounts. should be done in coupla days inshallah.

takecare

kayaniii
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Location: GK

hey

Post by kayaniii » Mon Jul 13, 2009 6:19 am

salam

i called to gerrys today n asked them to gime an appointment date for 2nd week of august but he said call in 3 days cos theres no any date available for august ...

n secondly ... on website settlement fee showing 76300 RS but he said 81900 RS why is that ??

i love this forum i just prepared my docs by help of you guys ..

i hope every one get their visa soon inshallah

tc

Rehan Kayani

sahdi
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Location: Manchester

Post by sahdi » Mon Jul 13, 2009 8:18 am

hi rehan


I think the rate changes as the rate of the pound changes, they probably haven't updated the website yet.

sahdia

kayaniii
Junior Member
Posts: 77
Joined: Sat Jan 10, 2009 12:17 am
Location: GK

hi sahdi

Post by kayaniii » Mon Jul 13, 2009 9:37 am

you r right ... its all about GBP rates .. any ways lets hope for the best


thanks for your reply

Rehan Kayani

RM786
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Post by RM786 » Mon Jul 13, 2009 10:10 pm

Batleykhan if you are around?

Would it be better for me to get a solicititors or ias to do my appeal instead of myself?? will it be better for them to write out the letter asking them to overturn the visa decision??

Thankyou.

batleykhan
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Post by batleykhan » Tue Jul 14, 2009 10:16 am

I much prefer the IAS than a solicitor. These people only specialize in immigration matters and are well known to Entry Clearance Officers and the Home Office.

You can try it yourself, but its a dificult job completing the appeal Notice, so I would recommend you see IAS

RM786
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Post by RM786 » Tue Jul 14, 2009 1:49 pm

HI

Thakyou for the reply batleykhan. I would have done the appeal myself but the family is already giving me the stick for not getting the first application papers together properly and now they are saying go through a solicitor so if something goes wrong this time then i will be fully accountable. i will definetly be in contact with IAS soon.

Thankyou takecare

batleykhan
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Post by batleykhan » Tue Jul 14, 2009 2:00 pm

Bad news for settlement applications in Pakistan
Latest News

14 July 2009: Disruption and possible delays to UK Border Agency visa processing in Pakistan. The UK Border Agency in London is responsible for making decisions on settlement visa applications made in Pakistan. The Pakistan team in London will be moving offices on 20 July 2009. There will be no change to the service provided by Gerry's International during this time; but there will be some disruption to UK Border Agency visa application processing. There is a backlog of visa applications that the UK Border Agency is working hard to reduce. Unfortunately, the time taken to process applications is likely to increase during the office move and we can not guarantee that applications will be resolved within 12 weeks (from the date you submit your biometrics). If you are planning to settle in the UK we strongly recommend that you submit your visa application as early as possible in order to avoid any disruption to your plans.

13 July 2009: Visa Fraud in Pakistan. If you provide false information, documents or passports in support of your visa application you will be prosecuted and all future applications will be refused for up to 10 years. You could even be fined and could go to prison. You should make sure the information given in your visa application is correct; the documents provided to support your application are not forged; your passport has not been altered and does not contain false stamps or visas. If any of the above applies, you will be reported to the Pakistani authorities and prosecuted. You can report migration or visa fraud, including people who produce or provide false documents, people smuggling or corruption in the visa process to:- Ralon, UK Border Agency, British High Commission, Islamabad, PO Box 1122 or telephone 051 201 2487 or email rauisb@fco.gov.uk. The information you provide will be kept confidential.

rizzy2193
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Post by rizzy2193 » Tue Jul 14, 2009 2:59 pm

Hi Batley Kahn - Yeah ... it is really bad news... Batley if I can get an opinion from your self Sir!

Basically my wife applied for her Settlement Visa so this news has hit me hard, but she applied from LHE on June 11th about 5 weeks ago and the average time they have been processing for LHE has been 6 weeks according to a press release on the UKinPakistan website.

do you or anyone else on this forum think that this delay would be more impactive for those applying now or even those applying over a month ago? They do advise people to apply well in advance at the end of their statement but what about those who have already submitted months ago.

Just wanted to get a few thoughts from the folks here - feedback would be really appreciated!

Thanks Guys!

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