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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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

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anelka
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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
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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
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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
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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
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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 ‘Nikah Khawani’, 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: “It 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

Jameel17
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Post by Jameel17 » Wed Dec 30, 2009 6:47 pm

Salaam everyone. Been following this thread for ages now....

Got married in October from AJK (im from pakistan sides) and submitted our docs on November 25th at the Islamabad office. My wife was contacted today and was told to come and collect her passport. Inshallah fingers crossed it will be good news. Its too good to be true if it is as its only been 5 weeks since the documents were submitted. My cousin had to wait the full three months for his and it was rejected because of his wage slips and bank balance. It was rejected in the first week and he didnt find out untill 3 months.

I shall keep you brothers updated. Should know by friday inshallah.

zoomaj
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Post by zoomaj » Wed Dec 30, 2009 8:41 pm

Salams brother yes please keep us updated, im reading up on other forums too the new apps seem to be flying thru at an unprecidented rate i cant believe im saying this, i found out after 3 months same reason bank statements etc,

looks like they might be getting slightley quicker,

and Mr waqar, my wifes made an app, middle of Jan to submit passport and medical lets hope she gets it back quick!

akhan19
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Post by akhan19 » Wed Dec 30, 2009 9:00 pm

Hi Jameel, that is a very quick turnaround, good luck to you and your wife, my wife submitted her case on the 13/11/09 and we are still waiting, it will be 7 weeks on friday, i am so nervous,i really hope she gets accepted

why do you think you got such a quick response? and also, what documents did you send with the application?

im worried i may have left something out which will cost me dearly

zs786
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Post by zs786 » Thu Dec 31, 2009 12:47 am

Hi all,

Just reading through the forums and there seems to be quite some confusion regarding NIKKAH NAMA from AZAD KASHMIR

My wife will be submitting her visa app in late february when she turns 21, but i have been preparing in advance and gathering all my documents.

Now i have just looked at my Nikkah Nama or NIKKAH KHAWANI as stated on the document. I got married in March this year. There is no Union Council stamp on the document, although it has been Attested by a solicitor in Mirpur, AK marking it as valid. Now my question is, is the document valid as per the news story below, but there seems to be much confusion by the BHC/ECO as they seem to be rejecting such documents - ANY ADVISE WHAT I CAN DO TO ENSURE THIS DOCUMENT IS ACCEPTED?? I have read Union Council in AK refuse to stamp this according to the new procedures - - what can i do, should i be worrying?

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

musab_27
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Post by musab_27 » Thu Dec 31, 2009 8:51 am

Asalam alaycum all

Brilliant forum, and some very good advice especially from the likes of BatleyKhan and others. May Allah reward you and other for helping and advising people.

I found this site after submitting wife's application in early December, some posts have worried me into thinking i have made some errors, but i suppose i'll only find out when the decison comes from the BHC. If decison dosen't go my way its not the end of the world, i'll just have to appeal. I definitely would not consider re-applying and lining the pockets of Gerrys, BHC and others. I think thats what they want. I'd rather spend the money on a ticket and go visit my wife and give some to charity.

Anyway i hope all those expecting decisons, receive good news, if you don't, not to worry it ain't the end of the world.

Asalam alaycum

Case submited: 4 December 2009 (LAHORE)
Decision pending --

VASEY
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Post by VASEY » Thu Dec 31, 2009 10:31 am

Salam Jameel, what was the outcome of your application, i am still waiting for ours

Settlement Visa
Applied 19/11/2009
UKHUB informed decision made 14/12/2009
No update on website
No call from Gerrys as of yet.

Waiting and Praying Inshallah

Jameel17
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Post by Jameel17 » Thu Dec 31, 2009 5:28 pm

VASEY wrote:Salam Jameel, what was the outcome of your application, i am still waiting for ours

Settlement Visa
Applied 19/11/2009
UKHUB informed decision made 14/12/2009
No update on website
No call from Gerrys as of yet.

Waiting and Praying Inshallah
Salaam brother

My wife was going to pick it up tomorrow but she was told that "everythings closed on new years day". Shes going saturday morning inshallah. I thought I was going to be put out of my misery tomorrow but the waits gone longer!!

HeartGambler
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Visa Received

Post by HeartGambler » Sat Jan 02, 2010 11:21 am

Allhumdolilah by the Grace of God I got my Settlement visa after a year long struggle as I had to do everything myself.

Submitted my passport at VAC KHI after an allowed appeal on the 10/12/2009 and got it back on the 31/12/2009 Remarkably quick as reading to some of the cases here like 8 months. Gerrys called me the same day when they got my passport as the envelope was postmarked as 31/12/2009. The Visa was stamped on the 17/12/2009. Just want to confirm if I travel in 2 months time will there be any prob. I am planning to leave on the 14/2/2010.

Initial Application (VAC KHI) 26/01/2009
Refused (Extremely Quick) 17/02/2009
Appeal Lodged 16/03/2009
Oral Hearing 26/10/2009
Determination Received 01/11/2009
Call Letter Received 05/12/2009
New TB Certificate 09/12/2009
Passport submitted 10/12/2009
Passport Received 31/12/2009

VASEY
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Post by VASEY » Sat Jan 02, 2010 1:42 pm

hi there
anyone had a response yet for 1st application settlement visas submitted in Oct / Nov 09

ukusman
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Post by ukusman » Sun Jan 03, 2010 12:50 am

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

MohammedKhan2009
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Re: Visa Received

Post by MohammedKhan2009 » Sun Jan 03, 2010 3:38 am

HeartGambler wrote:Allhumdolilah by the Grace of God I got my Settlement visa after a year long struggle as I had to do everything myself.

Submitted my passport at VAC KHI after an allowed appeal on the 10/12/2009 and got it back on the 31/12/2009 Remarkably quick as reading to some of the cases here like 8 months. Gerrys called me the same day when they got my passport as the envelope was postmarked as 31/12/2009. The Visa was stamped on the 17/12/2009. Just want to confirm if I travel in 2 months time will there be any prob. I am planning to leave on the 14/2/2010.

Initial Application (VAC KHI) 26/01/2009
Refused (Extremely Quick) 17/02/2009
Appeal Lodged 16/03/2009
Oral Hearing 26/10/2009
Determination Received 01/11/2009
Call Letter Received 05/12/2009
New TB Certificate 09/12/2009
Passport submitted 10/12/2009
Passport Received 31/12/2009
Hi bro, why was ur application rejected?

Thanks

Mohammed

akhan19
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Post by akhan19 » Sun Jan 03, 2010 10:08 am

salaam jameel

bro, i hope everything went well on saturday and your wifes visa was accepted, i have been checking all day yesterday and this morning to see if you posted any update on the situation

please update when possible,

my wife submitted hers on 13/11/09, still waiting, coming up to 8th week, notl ong to go now , inshallah, it will be accepted

zoomaj
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sallams

Post by zoomaj » Sun Jan 03, 2010 6:09 pm

sallams Akhan!

me to! iv been on this forum on my phone and keep updating the pages out and abt thinking Jameel will leave a comment! inshalah he will get it fingers crossed.

and Congrats heart Gambler well done, u have got it back well quick! really happy 4 u brother, just 1 question i need to ask, when u book ur flight will it be 1 way or a return flight???

Jameel17
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Post by Jameel17 » Sun Jan 03, 2010 9:46 pm

Salaam brothers. Ive just been in hiding cus of the footy result earlier!!! :oops:

My wife will be going tomorrow morning (monday) now as she got told that everythings closed during the weekend. She could have went before the new years holidays on the day they called her but its a travelling issue aswell. (Mission from AJK to islamabad).

Inshallah im gunna be put out of my misery tomorrow lol. Been a really long weekend. Work is going to be awful tomorrow. Im gunna spend all morning looking at my phones!!

Will get back to you guys tomorrow inshallah.

zoomaj
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Post by zoomaj » Sun Jan 03, 2010 9:48 pm

yes Mr Jameel! keep us updated! if ur a Manu fan like me ! they lost :( !

ukusman
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Post by ukusman » Sun Jan 03, 2010 11:07 pm

Jameel17 wrote:Salaam brothers. Ive just been in hiding cus of the footy result earlier!!! :oops:

My wife will be going tomorrow morning (monday) now as she got told that everythings closed during the weekend. She could have went before the new years holidays on the day they called her but its a travelling issue aswell. (Mission from AJK to islamabad).

Inshallah im gunna be put out of my misery tomorrow lol. Been a really long weekend. Work is going to be awful tomorrow. Im gunna spend all morning looking at my phones!!

Will get back to you guys tomorrow inshallah.

Why did your submit your wifes Settlement case in Islamabad ? When she lives in AJK? According to the Stats mirpur processes the case alot quciker than any other VAC in pakistan!

Jameel17
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Post by Jameel17 » Sun Jan 03, 2010 11:17 pm

ukusman wrote:
Jameel17 wrote:Salaam brothers. Ive just been in hiding cus of the footy result earlier!!! :oops:

My wife will be going tomorrow morning (monday) now as she got told that everythings closed during the weekend. She could have went before the new years holidays on the day they called her but its a travelling issue aswell. (Mission from AJK to islamabad).

Inshallah im gunna be put out of my misery tomorrow lol. Been a really long weekend. Work is going to be awful tomorrow. Im gunna spend all morning looking at my phones!!

Will get back to you guys tomorrow inshallah.



Why did your submit your wifes Settlement case in Islamabad ? When she lives in AJK? According to the Stats mirpur processes the case alot quciker than any other VAC in pakistan!
Cus I live 25 minutes away from Islamabad...

ukusman
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Post by ukusman » Mon Jan 04, 2010 3:27 pm

Hi Jameel, Did you receive the outcome of your wifes visa ?

Jameel17
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Post by Jameel17 » Mon Jan 04, 2010 6:05 pm

salaam brothers. It was rejected :cry: Im devastated.

The reason given was that the nikah namah given did not have the union council stamp and the stamp by the mufti is invalid. Ill post up the exact wording when I get home...

zoomaj
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Post by zoomaj » Mon Jan 04, 2010 6:20 pm

Sallams bro just got back from work im proper devasted man after reading this why is it they rejecting on nikkah naamas?also on other forums im noticing this, that more and more people are getting rejecting for this stupid reason, im really in shock bro get the exact wording up so we can all examine it im sure it cant only be refused for that reason alone
Good luck

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