court hearing - spouse visa rejected

[mkpash]

Dear members,

i have recently been rejected a spouse visa for which i applied from Abu Dhabi UAE.

i want to go for an appeal now but CS, ECO Abu Dhabi has not returned most of my documents back such as my wife's declaration of accommodation, child support letters, bank statements etc.

Who should i contact for these missing documents and is there a chance they never went through these documents? really concerned

Regards,
Mustafa

[Londoner007]

What were the grounds for the refusal?

[mkpash]

Hello, I am a Pakistani national married to a British/Pakistani citizen. Currenty i work in UAE and my wife and 5 year old daughter live in London.
We hired the services of a solicitor based in UK to process the spouse visa.
Unfortunately the visa got rejected in December,2018 for the sole reason that my wife's annual income was not meeting the requirements 18,600 pounds per annum (she fell short by 1000 pounds). They did not consider humanitarian or compassionate factors we had requested.
We went for an appeal which got rejected in March, 2019 citing the same reason that my wife's fianances did not meet the requirement & that they agree with the initial decision for rejection.
We recently got a letter for a court hearing in July, 2019.
Im positive we will get through because since January 2019 my wife has started working full time and next month she will get her p60's which wil hopefully be above 18,600 pounds. Also she is pregnant with our baby.

Does anyone have an experience of court hearings and what we can present to make our case stronger?
Will my wife's preganancy have a negative impact on our case?

Regards,
Mustafa

[physicskate]

Hello, I am a Pakistani national married to a British/Pakistani citizen. Currenty i work in UAE and my wife and 5 year old daughter live in London.
We hired the services of a solicitor based in UK to process the spouse visa.
Unfortunately the visa got rejected in December,2018 for the sole reason that my wife's annual income was not meeting the requirements 18,600 pounds per annum (she fell short by 1000 pounds). They did not consider humanitarian or compassionate factors we had requested.
We went for an appeal which got rejected in March, 2019 citing the same reason that my wife's fianances did not meet the requirement & that they agree with the initial decision for rejection.
We recently got a letter for a court hearing in July, 2019.
Im positive we will get through because since January 2019 my wife has started working full time and next month she will get her p60's which wil hopefully be above 18,600 pounds. Also she is pregnant with our baby.

Does anyone have an experience of court hearings and what we can present to make our case stronger?
Will my wife's preganancy have a negative impact on our case?

Regards,
Mustafa

I've never seen a successful Article 8 application for an entry clearance application... the argument would be that they could relocate to UAE to live as a family unit with you.

Really, you should reapply once your wife has 6 months of bank statements/ pay slips showing pre-tax income of £1550 per month. New evidence (such as her increase in hours/ salary) will not be considered in an appeal. Her pregnancy is very unlikely to have any impact.

[wahi66]

Hello, I am a Pakistani national married to a British/Pakistani citizen. Currenty i work in UAE and my wife and 5 year old daughter live in London.
We hired the services of a solicitor based in UK to process the spouse visa.
Unfortunately the visa got rejected in December,2018 for the sole reason that my wife's annual income was not meeting the requirements 18,600 pounds per annum (she fell short by 1000 pounds). They did not consider humanitarian or compassionate factors we had requested.
We went for an appeal which got rejected in March, 2019 citing the same reason that my wife's fianances did not meet the requirement & that they agree with the initial decision for rejection.
We recently got a letter for a court hearing in July, 2019.
Im positive we will get through because since January 2019 my wife has started working full time and next month she will get her p60's which wil hopefully be above 18,600 pounds. Also she is pregnant with our baby.

Does anyone have an experience of court hearings and what we can present to make our case stronger?
Will my wife's preganancy have a negative impact on our case?

Regards,
Mustafa

bro honestly better to apply fresh application with 6 months new payslips meeting the threshold.
I don't know who gave you this advise but you are wasting your time and money to fight the refusal as it is not unlawful. Court will consider only if it was unlawful refusal and the case worker did not act on application according to the law.
fresh application will make your family united more quicker.

there are chances that your wife's pregnancy can affect her income in near future even if she gets the pregnancy leave, so make your move wisely and timely.

[mkpash]

Thanks you for your reply. I will discuss with my lawyer whether to reapply or to go for the hearing.

Has anybody in the forum had similar situation in which appeal was rejected for not meeting financial requirements and they had to attend hearing? If yes how was the experience?

[seagul]

Thanks you for your reply. I will discuss with my lawyer whether to reapply or to go for the hearing.

Has anybody in the forum had similar situation in which appeal was rejected for not meeting financial requirements and they had to attend hearing? If yes how was the experience?

If it was correct that your sponsor wasn't earning at least £18600 then appealing will be waste of time as the decision was correct. Best will be to reapply when your sponsor will get 6 months of payslips demonstrating sufficient income or if either/both of you jointly have 6 months older savings of at least £62500 anywhere in world.

[wahi66]

Thanks you for your reply. I will discuss with my lawyer whether to reapply or to go for the hearing.

Has anybody in the forum had similar situation in which appeal was rejected for not meeting financial requirements and they had to attend hearing? If yes how was the experience?

well the lawyer is gonna give you hope to earn his living. I am sure it was your lawyer who messed up your case on the first place. if that lawyer was so competent he wouldn't even let you apply without meeting the financial requirements.

"its like you want visa without having passport"