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Appeal Allowed Visa Stamped Timings - Pakistan

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Shadow86
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Joined: Mon Jun 28, 2010 11:29 am

Post by Shadow86 » Mon Dec 13, 2010 1:42 pm

^^ If decision was overturned in Sep 2010 then you should have heard something at least by October?

Have you handed in your passport, TB certificates, etc as per their requirement for them to issue your wife and kids the visa?

Whilst the other thread (http://www.immigrationboards.com/viewto ... d0ad772022) is growing popular in terms of spouse visa APPLICATION, is this thread good for REFUSAL discussions?

I recently had my wife's spouse visa application refused in the grounds of not providing an employment letter on a headed paper and that my bank statements don't show where the inflow originates from (well duh! that's what will happen if I am paid in cash).

So I am gathering documents now to counter his arguments and thus appeal against the refusal.

28 days for appeal to made begins when wife collected her papers or when the ECO signed the refusal??
He signed the refusal around 29 Nov, but she got the SMS for collection on Wed 8th Dec and she collected it that day too. So 28 days from 29 Nov or 8 Dec???

Surely it must be 8 Dec!?
Spreadsheet containing useful data for Appellants and Applicants:
https://spreadsheets.google.com/ccc?key ... y=CPqzu-0I

P.S. Above spreadsheet no longer being monitored and edited by myself.

UKGuyLondon
Junior Member
Posts: 55
Joined: Mon Jun 01, 2009 10:16 am

Post by UKGuyLondon » Tue Dec 14, 2010 6:02 am

Hello Shadow86,

My wife and son already have a visa as mentioned above. My daughter (who was rejected and had the decision overturned) will be asked to submit her passports in the Call Letter which we are waiting for. Hence, the answer to your question is No. We do not need to submit a TB certificate for her as she is a minor and is exempt from this requirement.

Your 28 days start from the time you collected the refusal decision.

It goes without saying that employment certificates need to b provided on a letterhead of the company which is employing you. Add to that the fact that you get paid in cash.... its not surprising that UKBA thought something was fishy. Just my two cents.

However, the positivie silver lining is that if you are able to provide the employment letter on a letterhead and reasoning for being paid in cash with your appeal papers, you should hopefully be ok.

Shadow86
Member of Standing
Posts: 281
Joined: Mon Jun 28, 2010 11:29 am

Post by Shadow86 » Wed Dec 15, 2010 3:08 pm

mekyle1@hotmail.com wrote:Hello Shadow86,

My wife and son already have a visa as mentioned above. My daughter (who was rejected and had the decision overturned) will be asked to submit her passports in the Call Letter which we are waiting for. Hence, the answer to your question is No. We do not need to submit a TB certificate for her as she is a minor and is exempt from this requirement.

Your 28 days start from the time you collected the refusal decision.

It goes without saying that employment certificates need to b provided on a letterhead of the company which is employing you. Add to that the fact that you get paid in cash.... its not surprising that UKBA thought something was fishy. Just my two cents.

However, the positivie silver lining is that if you are able to provide the employment letter on a letterhead and reasoning for being paid in cash with your appeal papers, you should hopefully be ok.
Thanks, so I have until 4th Jan 2011.

I hope that they hurry up with the call letter and that your daughter can join you.

Yeah it does go without saying but it's a small business you see. The employer doesn't send out letters and if it does then it's quite rare. Anyhow this is a lesson for myself and the employer, so now employer is equipped with letter headed paper and thus has provided me with a new letter on headed paper.

Right now I am just waiting for the Tax Code notice from HMRC, hope it comes asap inshallah.
Spreadsheet containing useful data for Appellants and Applicants:
https://spreadsheets.google.com/ccc?key ... y=CPqzu-0I

P.S. Above spreadsheet no longer being monitored and edited by myself.

unique012
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Posts: 142
Joined: Wed Nov 24, 2010 4:40 pm
Location: UK

Post by unique012 » Wed Dec 15, 2010 4:44 pm

Salaam everyone, My husband's visa got refused today and I am going to appeal some poeple say review is the quickest way... What do you guys think?

Shadow86
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Joined: Mon Jun 28, 2010 11:29 am

Post by Shadow86 » Wed Dec 15, 2010 5:30 pm

review?

Well there's only 1 appeal. I haven't heard about any 'review' process?

Usually if the reason is small and minor like mine for example, they refused my wife's visa on the basis of me not providing employment letter on headed paper, then it could inshallah be overturned within the first 3 months, otherwise it'll go towards court.

I'm definitely going for the appeal, not going to bother with fresh application but if they do not overturn the appeal then I might consider doing a fresh application and encouraging wife to take the English test as I do not want to risk waiting any further only to get refused in the court also.

Btw unique, what was the reason behind his refusal?
Spreadsheet containing useful data for Appellants and Applicants:
https://spreadsheets.google.com/ccc?key ... y=CPqzu-0I

P.S. Above spreadsheet no longer being monitored and edited by myself.

unique012
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Posts: 142
Joined: Wed Nov 24, 2010 4:40 pm
Location: UK

Post by unique012 » Thu Dec 16, 2010 1:00 pm

Salaam Shadow86,

there is a review process in place for refused cases with minor refusal reasons like yourself, and it only takes between 5-6 weeks I have asked a number of people and they have suggested I go through with review. the 3 reasons for refusal were:

1: communication bewtween me and my spouse is shown but they would like further evidence

2: in the 2 years i got married I visited my husband once and there is no proof of our relationship

3: my employment documents could have been obtained from anywhere there is no actual proof my employer provided them.

I am going to send text mesaages that have been sent and recived by myself and my husband in the 2 years we have been married (898)

I am also going to send photographs showing that i went to pakistan and our relationship can be determined from this

the employment documents my employer said he is going to sort them out that is not a problem, i think it is the same in your case about the letter head.

What do you think? Should I send anything else with it or should that me ok? As you can see they are not major reasons they are hardly any reasons.

yasmin786
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Posts: 139
Joined: Fri Oct 08, 2010 10:10 pm

Post by yasmin786 » Thu Dec 16, 2010 2:26 pm

hi,

my husband visa got refused and i did the appeal and it got overturnted within a month. nw he needs to just summit his passport but as he cant do it yet bcoz he needs to his TB test again he has a date for end of this month.

as i just want to know once u give ur passport how long does it take to get back to u.....as i heared it can take up to 2week???

and also when u give ur passport in for stamp do they check on ur papers again or just stamp the passport. as sum1 sed on this fourm tha ther visa gt refused n did appeal n won the appeal when he gave his passport for stamp they refused it? am jus worried here y did they refuse it as his appeal gt overturned

plz sum1 get back to me thanks

Shadow86
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Post by Shadow86 » Thu Dec 16, 2010 2:59 pm

unique012 wrote:Salaam Shadow86,

there is a review process in place for refused cases with minor refusal reasons like yourself, and it only takes between 5-6 weeks I have asked a number of people and they have suggested I go through with review. the 3 reasons for refusal were:

1: communication bewtween me and my spouse is shown but they would like further evidence

2: in the 2 years i got married I visited my husband once and there is no proof of our relationship

3: my employment documents could have been obtained from anywhere there is no actual proof my employer provided them.

I am going to send text mesaages that have been sent and recived by myself and my husband in the 2 years we have been married (898)

I am also going to send photographs showing that i went to pakistan and our relationship can be determined from this

the employment documents my employer said he is going to sort them out that is not a problem, i think it is the same in your case about the letter head.

What do you think? Should I send anything else with it or should that me ok? As you can see they are not major reasons they are hardly any reasons.
HOW is this "Review" process done because then I want in too now, I am 100% confident that my wife's refusal CAN be overturned. So review is what I wanna go for.

Does it not work like this: you lodge the appeal and then from there, they decide whether it should be overturned or not, if not then it goes on to the court and you get a court hearing date?????

Ok as for your reasons, do you not use skype? I used a 'skype call exporter' program and exported a list of 3/4 months AND took screenshots. It worked out for me. I did not provide any 'sms' log of any kind nor did I provide mobile phone communications. If anything just a couple of times I called via landline using 'phonecheap' service and provided a page printed off phonecheap's website to show that the number belongs to such service and that I used it to call pak.

I think you can only get up to 6 months of itemised billing from your network provider. Do this, you get a hold of itemised billing from your phone network for however long back you can and ask your husband to do the same for his network. This way they can match both network providers in terms of time, date and duration (for calls). This will be a hard slap in the face of the ECO in that they CANNOT refuse you for your point number 1.

To be honest, SMS log is quite weak as opposed to calls, they wanna see that you have been calling and are in constant contact (voice calls).

You should have provided the photographs from the get go (sorry 2 be blunt about this one). But please don't just provide them like that, better for you to get a couple of A4 sized papers and applying 2 photographs per page using sellotape (pritt stick might be weak and encourage picture to fall off).

So just make sure your employer provides a letter of employment on headed paper. It'll be a cost to him/her but it's the main way that you'll get your visa sorted. Oh yes also a Tax code notice or any kind of confirmation from HMRC to indicate that you are currently working for your employer.

The ONLY concern from the above I can see is your intention to provide SMS log. I would seriously recommend a proper itemised billing in which they can see CALLS, as that is what counts. They don't really care about emails and sms or any text based contact. All they care about is VOICE calls. Hence why Skype worked out best for me :D.

Yasmin's post is quite worrysome, and it could apply to my wife in the near future if inshallah her refusal is overturned, so I would like to know the answer to her query also please.
Spreadsheet containing useful data for Appellants and Applicants:
https://spreadsheets.google.com/ccc?key ... y=CPqzu-0I

P.S. Above spreadsheet no longer being monitored and edited by myself.

dilseabbassi
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Location: england

Post by dilseabbassi » Thu Dec 16, 2010 4:02 pm

Hi guys i thought id join this forum group now as my husbands aplication also got refused :( im just waiting for a tax letter from HMRC and then will be seding the appeal papers, after reading some posts on here i guess its going to be a very long and frustrating wait AGAIN! It was only refused on 1 minor issue so im really hoping it will be over turned within a resonable time...has anyone else had a refusal on 1 minor issue and had it over turned?
calling letter 21/06/2011
forwarded to brittish embessy 27/06/11
Under process at BHC 11/07/11

unique012
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Posts: 142
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Location: UK

Post by unique012 » Thu Dec 16, 2010 4:31 pm

[quote="dilseabbassi - on what reason did they refuse the visa?

dilseabbassi
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Location: england

Post by dilseabbassi » Thu Dec 16, 2010 4:45 pm

They refused it on the basis of there was no evidence of previouse employment before i started my new job in april, and cos i had claimed JSA for 2 weeks before i got my new job, but i dont understand cos i did actually send them my previouse employment wage slips?
calling letter 21/06/2011
forwarded to brittish embessy 27/06/11
Under process at BHC 11/07/11

dilseabbassi
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Posts: 114
Joined: Wed Oct 06, 2010 7:29 pm
Location: england

Post by dilseabbassi » Thu Dec 16, 2010 4:47 pm

So ow im getting hold of all the tax payments ive made since 2006 from HMRC and also another 4 months recent wage slips and bank statements...im hoping they will now see that i have sufficent funds to over turn the refusal inshallah
calling letter 21/06/2011
forwarded to brittish embessy 27/06/11
Under process at BHC 11/07/11

UKGuyLondon
Junior Member
Posts: 55
Joined: Mon Jun 01, 2009 10:16 am

Post by UKGuyLondon » Fri Dec 17, 2010 4:54 am

Hi Yasmin,

Congratulations on having your husband's decision overturned! Can you let me know which city your husband applied from and how long it took for him to receive the Call Letter after the decision was overturned? Its been a wait of almost 3 months for us for the Call Letter. Thanks.

Shadow and others,

As far as I know, UKBA is not obliged to review your case, rather it is something that is requested of them. However, an appeal guarantees that your case is reviewed as it is a formal application. Maybe the best would be to do both? That way, you have two things going for you and hopefully, one will work out.

yasmin786
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Posts: 139
Joined: Fri Oct 08, 2010 10:10 pm

Post by yasmin786 » Fri Dec 17, 2010 11:58 am

[quote="mekyle1@hotmail.com"]Hi Yasmin,

Congratulations on having your husband's decision overturned! Can you let me know which city your husband applied from and how long it took for him to receive the Call Letter after the decision was overturned? Its been a wait of almost 3 months for us for the Call Letter. Thanks.[/quote]

hi thanks i did the appeal from U.k i as his wife did his appeal on his behalf

they first sent a LETTER to my husband that they loged his appeal n will have to wait 19weeks n will get bk to.

but then after this letter they sent me and my husband an email and they sent us the calling letter in total it jus took 1month

we jus got one letter and one email notting else

unique012
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Posts: 142
Joined: Wed Nov 24, 2010 4:40 pm
Location: UK

Post by unique012 » Fri Dec 17, 2010 2:01 pm

[quote="dilseabbassi"]So ow im getting hold of all the tax payments ive made since 2006 from HMRC and also another 4 months recent wage slips and bank statements...im hoping they will now see that i have sufficent funds to over turn the refusal inshallah[/quote]


thats the problem with these people, over something as small as that they refused. InshAllah keep praying and everything will be ok. :)

Shadow86
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Post by Shadow86 » Fri Dec 17, 2010 3:44 pm

mekyle1@hotmail.com wrote:As far as I know, UKBA is not obliged to review your case, rather it is something that is requested of them.
HOW do I request them to review the appeal or however it is worded??

I have written a letter from myself (sponsor) requesting the ECM to overturn the decision and in it I targeted the ECO's refusal points so that I am not only providing them what is relevant to the refusal but am also doing commentary on it if you will.

Is that me requesting a review or what?

This is so confusing. I am under the impression that my wife submits the appeal and then they review it anyways and if it is to be overturned then they do the needed????

This "Review" stuff is just come out of nowhere.

Edit: I read up some useful stuff on this website: http://www.foreignersinuk.co.uk/guides- ... _2283.html

I haven't seen the appeal letter and form in person you see so I have no idea what the form asks for. Hence why all this confusion.
Spreadsheet containing useful data for Appellants and Applicants:
https://spreadsheets.google.com/ccc?key ... y=CPqzu-0I

P.S. Above spreadsheet no longer being monitored and edited by myself.

unique012
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Posts: 142
Joined: Wed Nov 24, 2010 4:40 pm
Location: UK

Post by unique012 » Fri Dec 17, 2010 6:22 pm

Salaam does anyone know how long the appeal process takes?

batleykhan
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Post by batleykhan » Fri Dec 17, 2010 6:34 pm

Shadow86 wrote:
mekyle1@hotmail.com wrote:As far as I know, UKBA is not obliged to review your case, rather it is something that is requested of them.
HOW do I request them to review the appeal or however it is worded??

I have written a letter from myself (sponsor) requesting the ECM to overturn the decision and in it I targeted the ECO's refusal points so that I am not only providing them what is relevant to the refusal but am also doing commentary on it if you will.

Is that me requesting a review or what?

This is so confusing. I am under the impression that my wife submits the appeal and then they review it anyways and if it is to be overturned then they do the needed????

This "Review" stuff is just come out of nowhere.

Edit: I read up some useful stuff on this website: http://www.foreignersinuk.co.uk/guides- ... _2283.html

I haven't seen the appeal letter and form in person you see so I have no idea what the form asks for. Hence why all this confusion.
There is no need for you to request for it to be revewed.

All appeals are reviwed on receipt and a d ecison is made by teh ECM either to overturn original decison in view of teh new evidence and issue visa ..... or still refuse it and let appeal court make a decison.

If its overtuened it can take 2-3 months to issue visa. if it goes to an appeal hearing it will take 6 months to get a date and if succesful another 3-4 months before visa is eventually issued.

unique012
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Location: UK

Post by unique012 » Mon Dec 20, 2010 5:25 pm

Salaam everyone,

InshAllah i will be sending off the appeal forms this week, i asked my solictor how long will it take to get a reply if the application is being reviewed and he said it'l take around 4-5 weeks. Has anyone got a reply in 4/5 weeks if their application has been reviwed?

Shadow86
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Post by Shadow86 » Mon Dec 20, 2010 9:29 pm

Hi unique, can u tell me what stuff you sending with the appeal?

Do they want visa application form as well?

Letter from sponsor?

They want all originals of every document again or what?

What about the Pakistani passport? Is that given in with the appeal?

The appeal bundle itself, what exactly should it contain?
Spreadsheet containing useful data for Appellants and Applicants:
https://spreadsheets.google.com/ccc?key ... y=CPqzu-0I

P.S. Above spreadsheet no longer being monitored and edited by myself.

unique012
Member
Posts: 142
Joined: Wed Nov 24, 2010 4:40 pm
Location: UK

Post by unique012 » Tue Dec 21, 2010 12:50 pm

Because our application was refused on the guenity of our relationship, we are sending the following to prove our relationship is gueniue and we are very happy with one another:

phone cards
text meassging statement for the last 6 months from myself and the last three months from my husband
birthday and valentine cards my husband has sent me
photographs of when i visited pakistna to celebrate our 1st year wedding anniversry
my husband's call statement for the last 6 months
passport photocopies to prove i went to pakistan after my marriage
the appeal form

This is more than enough to prove to them that our relationship is gueniue and i also wrote a letter based on our relationship so they understand what we are going through and we are not happy with their decision.

There is no need to send ur pakistani passport unless you are trying to prove something like i am that i actually went to pakistan, all original documents are needed not copies except ur passport copy. they do not need the visa application form because they have already processed it so now they need the appeal form.

On what basis was ur application refused, message me and i will try my best to help you and tell you what to send. :)

Shadow86
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Post by Shadow86 » Tue Dec 21, 2010 2:14 pm

Phone Cards <<<<<< Not worth sending lol, chances are they'll be returned back to you. The logic behind this is that phonecards do NOT prove the actual destination you called, it's just your word. They want concrete evidence.

The rest of the stuff you mentioned in ur list is very good. The call statements from your husband will be one of the MOST favourable evidence so do make sure that one goes through, along with the photographs.

I saw the appeal form last night and after looking at it I gave up on my letter (letter from sponsor) as it won't be worth it. The letter you speak of might not help because they'll need your grounds for appeal on page 3 (section D) so that is where all your reasons, etc will come in. So better to use that section for the purpose instead of writing up a letter. The plus point being if you need more space you can add another page below it, so it is not restricted to just one page. I kept mine to one page though, better to be clear, concise and to the point.

Yeah your passport photocopies showing stamp of coming in and going out should also help.

You seem to have your points covered so don't worry, inshallah it'll be overturned :).

My application was refused due to my bank statements not showing where the funds are originated from (well I deposit my salary in cash as I am paid in cash so of course it won't show the name of the company lol) The other reason being my letter of employment wasn't on headed paper.

I suppose in my case I can argue as much as i'd like but the only thing that CAN help would be my PAYE Coding Notice - which I just sent off to my wife today so inshallah she should receive it next week I hope. That should prove to them that my employment is genuine.

Btw my dad's nephew's wife got her visa yesterday and he also deposits cash into his account, didn't see the ECO refusing her the visa on such grounds as he refused mine :roll: and I can ONLY see the fact that he provided a P60 form and I did not (well I didn't have one as I started after the new tax year 2010). So now that I have a government issued document in the form of PAYE Coding Notice, they HAVE to overturn the decision inshallah.
Spreadsheet containing useful data for Appellants and Applicants:
https://spreadsheets.google.com/ccc?key ... y=CPqzu-0I

P.S. Above spreadsheet no longer being monitored and edited by myself.

unique012
Member
Posts: 142
Joined: Wed Nov 24, 2010 4:40 pm
Location: UK

Post by unique012 » Tue Dec 21, 2010 4:29 pm

Bro the letter does help, the more you say about your relationship and case the better, i know there is a section stating all this on the form but also remba whatever you write make it sound sympathetic e.g. me and my wife are missing each other dearly and want to be together as soon as possible as this is very upsetting living so far from each other... Things like that.

InshAllah i hope they do overturn their decision and we get a relpy within 28 days, keep praying and everything will be ok... Congrats on ur cousin's visa though, if they got it then you will defo get it inshAllah because your reasons are sam.

As for the phone cards they do accept them if you give a good reason in your letter which i have done so hopefully it should be ok and we will be reunited with our partners soon InshAllah.

Shadow86
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Joined: Mon Jun 28, 2010 11:29 am

Post by Shadow86 » Tue Dec 21, 2010 7:27 pm

unique012 wrote:Bro the letter does help, the more you say about your relationship and case the better, i know there is a section stating all this on the form but also remba whatever you write make it sound sympathetic e.g. me and my wife are missing each other dearly and want to be together as soon as possible as this is very upsetting living so far from each other... Things like that.
You sure? Well I suppose I can edit page 3 of the appeal form and then send it to wifey to print out from there and add to her appeal form accordingly.

I wrote paragraphs to cover the points made by the ECO so that the ECM can identify my reasons for disagreeing with the ECO's refusal. But if adding a few sympathetic comments helps then I'm sure I can get that done.

Well i'm still skeptical about the phone cards as they do not prove the purpose for which they are being sent but hope it works out for you nonetheless :)
Spreadsheet containing useful data for Appellants and Applicants:
https://spreadsheets.google.com/ccc?key ... y=CPqzu-0I

P.S. Above spreadsheet no longer being monitored and edited by myself.

mimimacha
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AL HAMDOULILAH

Post by mimimacha » Wed Dec 22, 2010 3:51 pm

Today I picked up my passport from Brirish consulate, I am so happy,

08/04/2008 applied for spouse visa
09/07/2008 refused
Appeal lodged against the decision
appeal hearing 03/04/2009 = dismissed

17/03/2010 applied fro spouse visa
25/03/2010 refused
04/04/2010 loged appeal
12/09/2010 hearing
determination received on 14/10/2010
call letter received on 17/12/2010
passport stemped 22/12/2010
LOng way -
Be patient and pray
Good luck and thank you so much for your kind assistance

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