Spousal Visa Application - Pakistan

[batleykhan]

Sjd624

Look at this link- clearly shows it can take up to 26 -29 weeks for Appeal Procedure.

You can ask AIT for an expedite hearing if you have difficult personal circumstances, but it is at their disretion if they want to grant it

http://www.ait.gov.uk/Documents/Appeals ... ftheUK.pdf

http://www.ait.gov.uk/Documents/Appeals ... nTheUK.pdf

[batleykhan]

Well when my visa got refused last year, i scanned my refusal letter and emailed it to my wife in the UK. She contacted her lawyer in manchester and downloaded the AIT2 form from internet and she herself with the help of her lawyer filled up the AIT 2 form on my behalf and submitted it to the given address written in the AIT2 form. Then after the review of my appeal they gave the hearing date in april 2009 and the judge gave his decision in my favor. It doesnt matter, your lawyer in the UK or the sponsor,spouse, can lodge an appeal on your behlaf. Its better to consult a good lawyer over their. They only charge 300 pounds for it. They will write the whole case on your behalf with all the facts and figure and with all the previous proofs of documents.

Topgun

I think you will find that it has all changed lately.The AIT2 form downloaded fromAIT webite willbe accpted if lodged with AIT in UK, but not if lodged with the BHC abroad.Plus the BHC wants original refusal notice with the AIT2 form, given to the applicant upon refusal.

As for the£300 you say lawyers charge, is this just for completing the form or is it a full represenation. If its the latter than thats damn cheap for the whole shaboodle, but if its just for comleting the form, then that is very expensive.

[R1z]

salaam to all, thank you for your concern but alhamdulillah I'm ok.

Firstly it was rejected because they assumed I was on public funds-I'm not too sure of this reason (could be the P60 for the previous year when i was on Jobseekers Allowance) although I had given employment letter, My contract of Employment and previous employment contract, including wage slips. I too work as a Teaching Assistant therefore have a net earning of over 1000 a month - they may have looked at previous bank statement before I had started my full-time employment. I had included 6months bank statements so I'm not too sure why they've missed some of the information.

Lastly, I included letters, cards and phone cards as means of staying in contact with my husband - they don't think we have strong evidence to show we are in contact. How else am I to show this? And how did we meet before marriage - this doesn't make sense so how does one prove this!!

Thank you all for your concern. Any comments would be much appreciated.

Inshallah will pray for all brothers and sisters worldwide.
Salaam - Jazakallah

[batleykhan]

Riz

You need to write down exactly what it says on the refusal notice. That is more important than what your opinion is as to why you were refused. From the wording of the notice, we will be able to tell you exactly why you were refused and what you can do about it.

[TOPGUN]

Batelykhan,

Yes you are right, as my wife lodged appeal on my behalf inside the UK, so she used the scanned copy of my refusal letter and downloaded form from the website. But if the appellant wants to send it through BHC, Islamabad thn he/she should send the original documents(refusal letter & AIT2 form) signed by the him/her.

GBP 300 for whole representation. Yeah its cheap. Actually my wife did her internship with those solicitors during her A levels, so they gave her some 200 discounts , otherwise mostly solicitors charge 500.

My suggestion for R1z is that she should lodged the appeal on her husband's behalf inside the UK as she is telling that they had given stupid reasons for refusal so they can give more stupid reasons for delaying or refusing again or misplacing the appeal form or applications. Its safe to lodged an appeal directly with AIT.

Regards,

[learner007]

Latest News from Gerry's

23 September 2009: Settlement visa applications in Pakistan. Please note that the UK Border Agency is currently meeting its target processing time of 12 weeks for the majority of settlement applications. It is taking the full 12 weeks to process settlement applications so please do not make any enquiries about your application before this 12 week period. Enquiries regarding the processing time of your settlement application will not be replied to unless the 3 month period has passed. We recommend that you take this into account when making your settlement application to avoid any disappointment

[batleykhan]

My suggestion for R1z is that she should lodged the appeal on her husband's behalf inside the UK as she is telling that they had given stupid reasons for refusal so they can give more stupid reasons for delaying or refusing again or misplacing the appeal form or applications. Its safe to lodged an appeal directly with AIT.

I would cerainly not recommend she does above.

Instead she should send the appeal formback to Abu Dhabi or London(whoever dealt/refused it).

The reason why I would do this is to save her self some time.

What happnes is when you lodge your appeal here in the UK with AIT in Leicester, is that they send all your documents back to the Entry Clerance Manager at the place where she applied and was refused.

AIT send this bypost and can take up to 6 WEEKS.

Upon receipt of the appeal the ECM will review the earlier decision in view of what you have said in your appeal notice and and any new documents that you have attached.

If he decides he is satisfied now,he will authorise the issue of visa without the appeal going any further.

If on the other hand he is still not satisfied, he will stick to teh original decision. If he does that , then he will inform AIT in writting.

The AIT will then start to find a date for your hearing. However this date can take up to 20 weeks ( this is time given to the ECO to get his bundle of papers ready for the hearing)


Now if you send it direct to the BHC post abroad,you will save the 6 weeks that it takes for AIT to get the papers to the BHC. The ECM will be able to make the deciosn a bit earlier in view of this.

Remember the only person who can change the original decsion initially is teh ECM not anybody at AIT.

Infact AIT cant change any decison till the day of the hearing when the Adjudicator of the hearing will make the final deciosn in either parties favour.

The only time I would recommend that you send your appeal papers to AIT is when you feel you dont have enough time to get them to post abroad witin 28 days.

Furthermore your advise to Riz is to appeal, its easy saying that, but appealing is not always the best soloution all times. Sometimes it is advisable to reapply and make sure you dont make the same mistakes.

Only appeal if you can disprove the reasons why you were refused at your appeal hearing.

I think it all depends what Riz was refused for. I know she has stated what she "assumed" she was refused for, but its the actual wording of the refusal that is important, because from that you can tell the real reasons why she was refused.

Hope this advice is useful to you.

[R1z]

Salaam, thank you BatleyKhan and TOPGUN for your comments I really appreaciate it.

My friend (a junior solicitor) has advised me to go for a review - something similar to what Batleykhan is suggesting in order to save time and in hope that the original decision may be overturned.

I'm sorry I wasn't able to give you the exact refusal points as I am still awaiting the documentation which my husband has posted out to me, hopefully to reach here in 2days time.

Thak you, I will post further information on the forum as it reaches me.

Hope you too will eventually hear/sort out your spouse's visa..Inshallah
Salaam

[2036789]

SjD624 i heard some where that you have an appea datel and reapply at the same time, so if youre fresh application is not accepted you can still go tothe appeal but confirm this with someonne with more knowledge about the procedure

[batleykhan]

SjD624 i heard some where that you have an appea datel and reapply at the same time, so if youre fresh application is not accepted you can still go tothe appeal but confirm this with someonne with more knowledge about the procedure

Yes it is possible to make a fresh application whilst you are waiting for your appeal date, but I dont see the point in that.

Why not just appeal if you have been hard done by teh ECO and can prove that he was wrong to refuse you in the first place?.

If you cant prove that because you made such a bad job of your application, then it may be best to reapply with a fresh application making sure that you dont repeat your earlier misatkes.

Remember if you reapply , you have to pay the full whack of a fee again (£585???)

Could work out to be bit expensive, unless you have rich sugar daddy paying for it

[desperate__wife]

hello im BACK!!!!
yahoo yahoo!!!
im back!!!

remember me people....?

i am desperate wife and im desperate for my husband....he is currently in pakistan with me for a whoooollee month!!....im enjoying every bit of it!

more than 90 working days hav passed so far since 5th may when i applied from karachi for my spouse visa....and still no no reply...

batlay khan uncle ... how r u sir?.......how did ur ramazan rozay go?....i felt so left out and missed u all when the stupid fourm people kicked me out.

thanks for ur speacial prayers piyaray batley khan uncle jee....i m very happy now that my hubby is here with me for a whole month

i miss u all....

plz remember me in ur duas....it looks like i'll be going at the end of the year to my hubby....these bloody bloody stupid visa processing people!!!!
i hate them all soo much!

under the clean white man face...there all a bunch of super rotten 'achaar' tomoatos!

take care all

keep in touch

D_W

PEACE!

[Chavy]

Welcome back Desperate_Wife

Spouse’s settlement case refused, I am writing this with a heavy heart at a troubled time.

My wife submitted her settlement application in Islamabad, Pakistan in early June. She went to collect her documents on Friday September 25th and discovered it had been refused. My wife is utterly devastated and beside herself. I have tried my best to reassure her but she’s inconsolable.

The grounds for refusal were, you failed to provide a reason why in 3 years you did not apply for a visa for your marriage. Stamps on your husband’s passport but no evidence that he visited you whilst he was in Pakistan or that your marriage was subsisting during these visits or there has been contact with your sponsor in the UK.

I guess they completely dismissed the photos enclosed (non taken on a subsequent visit), the letters we wrote, phone cards (which I understand are not conclusive proof), itemised phone bill before my wife switched over to phone cards (her bad).

They also cast doubt on my wages. I submitted Wage slips, Employers Letters (on submission working for 7 months) and a P60 (£7500). However my downfall, I only provided 1 ½ months bank statements (Balance ranging from £700 to £1700). My brother needed help paying his offset mortgage hence my account was showing zero before this. I have plenty of banks statements in my possession now, but the horse has bolted.

After a generous £600 application fee for a derisory amount of work (UKBA like a thick slice of jam on their bread) and no background checks, they took 4 months to refuse the decision, completely inept. So unfair they can pull your heart strings, the strain is unbearable, *cyanide capsule > gulp*.

Can anyone please provide me with some crumbs of comfort, advice would be most welcomed.

[batleykhan]

Hi DW

Nice to see you back here. I think a few of us missed you and your wicked sense of humour.

I notice that you are still waiting for your hubbys visa. I did pray for you and inshallah,just a little bit more of sabr and you never know what might happen.

DW - one word of advice and I hope you take heed......please please be careful with your comments and opinions of others. whilst the majority have no problem,it only takes one to complain and you might find yourself in trouble.

I hope you are enjoying your time with your hubby by the way

[Chavy]

Okay this is my rebuttal (grounds for appeal).

My father passed away coupled with the fact my wife’s mother needed caring for which explains the 3 year delay for the application (documentary evidence will be provided).

The ECO failed to consider the documents before him of our contact/relationship, photos, letters, phone cards.

Or will it be necessary to schedule a hastily arranged trip to Pakistan on a fact finding mission to gather more evidence. Fresh photos outside the Islamabad Stock Exchange with the date and time flashing merrily away in the foreground plus an extra stamp on my passport (yay).

I have plenty of bank statements at my disposal will they suffice, or shall I provide further evidence, freshly furnished employment letter, wage slips etc. Should I mention the money loaned to my brother corroborated by a letter.

How does that sound in the grand scheme of things? Do I have a strong case?

Diverging from the topic, ECOs are incompetent and the UKBA is a fools paradise (The Home Secretary will vouch for that). Once an ECO raised an objection with an inadvertent clerical error in a relative’s documentation but whilst raising the issue and subsequently rejecting the case made a catalogue of grammatical errors himself.

[batleykhan]

Okay this is my rebuttal (grounds for appeal).

My father passed away coupled with the fact my wife’s mother needed caring for which explains the 3 year delay for the application (documentary evidence will be provided).

Good reason for not visiting wife,but what proof have you got to say you kept in contact with your wife ( copies of love letters, email conversation, phone calls with proof of bills ( tel cards are not acceped as they can not prove you called your wife)

The ECO failed to consider the documents before him of our contact/relationship, photos, letters, phone cards.

Are you talking about documents you handed in with your application - if so how old are they - if they are long time ago, then they are no good - what other proof do you have in the 3 yrs since you got married that you kept in contact with your missus?

Or will it be necessary to schedule a hastily arranged trip to Pakistan on a fact finding mission to gather more evidence. Fresh photos outside the Islamabad Stock Exchange with the date and time flashing merrily away in the foreground plus an extra stamp on my passport (yay).

No its to late to do that now - you should have done it earlier, it would have been helpful

I have plenty of bank statements at my disposal will they suffice, or shall I provide further evidence, freshly furnished employment letter, wage slips etc. Should I mention the money loaned to my brother corroborated by a letter.

Its a bit late for these now. The ECO makes the decision on the documents that you present at the time of application. Had you provided these at the time, you probally would not be in the predicament that you are in now

How does that sound in the grand scheme of things? Do I have a strong case?

In my opinion you have a 50/5o chance of suceeding with your appeal.

You have made a very common mistake that I have seen time after time. You and your family probally have hastily your marriage without giving careful thought and consideration about first getting your employment, bank satements, accomodationetc ready. You probally thought about this after the marriage and by th etime you have managed to get these sorted out, 3 yrs have passed by. during this time you probally had very minimum contact with your wife. this is why you have no proper proof that you kept conatct with your wife. This is why teh ECO does not believes your marriage subsists in the context of a normal marraige

Diverging from the topic, ECOs are incompetent and the UKBA is a fools paradise (The Home Secretary will vouch for that). Once an ECO raised an objection with an inadvertent clerical error with a relative’s documentation but whilst raising the issue and subsequently rejecting the case made a catalogue of grammatical errors himself.

I know they can be a pain the arse, but you havent exactly helped your self , have you?.

I know its easy to blame others when things like this happens, so here is a challnge foryou to prove yourself right and teh ECO wrong by challenging their decision and proving them wrong.

[Chavy]

Thank you for your thoughtful reply Batley Khan "the Oracle", you weave your magic for the public good.

50/50 on appeal, I better keep that from my wife, she is teetering on the brink, I don't want to push her over into the abyss.

That leaves me with no other option, my only saving grace is to revisit Pakistan (I was there last year).

Photos were taken after marriage, letters are scattered throughout the 3 years and phone cards (the bane of your life Batley) plenty but not conclusive proof. My wife switched from itemised billing to phone cards alot cheaper but a costly mistake, her bad.

Will my bank statements suffice? or shall I furnish a fresh employment letter, more wage slips, write to the tax office etc.

If the appeal fails then my fate is sealed? That's beyond imaginable. Perhaps a child (fruits of our labour) will be irrefutable proof that our marriage is subsisting. I am too young and irresponsible to be diaper changing and I hate the smell of fresh vomit, dam.

[2036789]

dear baitley i submitted as proof of contact that i visited my wife twice, this includes travel tickets, in out stamps on my passport letters sent to her and but for my phoecall i submitted my lycatel call historywith calls to her number and she submitted her ufone call history will this be enough or do u think i should have submitted my landline phone bill aswell, the landline record only has the access numbers on them and not her number so at the time i didnt think it was import\ant and neither did my lawyer

[t_a786]

Hi, D-Wife

It is so nice to hear from you. I am still waiting for my husband as I have sent his appeal in uk office. I have not heard a thing yet. They took 4 months to refuse. I can't wait. I told my MP to get involve to solve the matter quickly.

Lets hope and pray.

I am so happy to see you back my friend. Have a good time in Pakistan.

Love t-a786 Missed you .....

[SjD624]

Sjd624

Look at this link- clearly shows it can take up to 26 -29 weeks for Appeal Procedure.

You can ask AIT for an expedite hearing if you have difficult personal circumstances, but it is at their disretion if they want to grant it

http://www.ait.gov.uk/Documents/Appeals ... ftheUK.pdf

http://www.ait.gov.uk/Documents/Appeals ... nTheUK.pdf

Thanks again BatleyKhan and also 2036789. Great information, this has been very helpful. Also I would like to point out that BatleyKhan is completely right about where to send your appeal. If you are submitting an appeal it is best to send the appeal to the ECO where your visa application was refused. This will deffinitely save you time.
If you are sure that your application and documents were in order then appeal. If you can not wait as long as 5-7 months then reapply.

Important thing is the grounds for refusal.

May Allah help us all in our decisions and bless us with success in our endeavors.

[Chavy]

Salaam, thank you BatleyKhan and TOPGUN for your comments I really appreaciate it.

My friend (a junior solicitor) has advised me to go for a review - something similar to what Batleykhan is suggesting in order to save time and in hope that the original decision may be overturned.

I'm sorry I wasn't able to give you the exact refusal points as I am still awaiting the documentation which my husband has posted out to me, hopefully to reach here in 2days time.

Thak you, I will post further information on the forum as it reaches me.

Hope you too will eventually hear/sort out your spouse's visa..Inshallah
Salaam

I am assuming all cases are reviewed it's automatic, I've been reading in some cases it can take a considerable time to review a case, upto 3 months, i'll add the link later.

I need some clarification when you should lodge an appeal. 28 days after the refusal date printed on your refusal notice. Or 28 days after you were informed of the decision (served with the decision).

[SjD624]

I am assuming all cases are reviewed it's automatic, I've been reading in some cases it can take a considerable time to review a case.

I need some clarification or when you should lodge an appeal. 28 days after the refusal date printed on your refusal notice. Or 28 days after you were informed of the decision (served with the decision).

Yes, as far is my understanding and recent research, all cases are reviewed. Please view these links for further information on the due process and processing time guides, thanks again to batleyKhan for these:


http://www.ait.gov.uk/Documents/Appeals ... ftheUK.pdf

http://www.ait.gov.uk/Documents/Appeals ... nTheUK.pdf

There is similar info for non-settlement cases as well. Furthermore you can call the AIT office and ask them for details.

If you are looking to appeal contacting the AIS may also be of some use :
http://www.iasuk.org/home.aspx

As for when to lodge your appeal, you should do this WITHIN 28 days from the date when you received the refusal notice. It's not after 28 days but rather before the 28 days go by. You can confirm this with others as well but I'm pretty sure it's true.

I hope this helps. May Allah help and guide us all.

[Chavy]

Sorry SjD I intended to say within 28 days, Opsie so sorry for the misinformation *clanger*. Yeah I rang the AIT and they confirmed, its within 28 days after the notice is handed to you.

Since my Wife's settlement case was rejected on Friday 25th of September (a day of infamy which will live long in my psyche), I have extensively browsed the AIT site, it's all now indelibly imprinted in my memory. I crammed a thousand years of reading into a weekend, a mean feat *comatosed and constipated* need caffiene/kebabs.

Yeah I've comprehensively searched legal representation, did stumble across The Immigration Advisory Services, even though they are a non profit making charity, there rates are prohibitive for the likes of me (not entitled to legal aid). £140 for ONE hours advice face to face, lol. They can also be contacted via the phone, but again their charges are exorbitant.

For those who are not eligible for legal aid, some organisations/ independents offer free initial advice sessions and pro bono services (not an explicit innuendo it means free for the public good) e.g. Law Centres (usually evening sessions when legal representatives have finished their day job), Universities (when law students are under supervised training).

Thank you for your response SjD, you helped to settle my jangling nerves.

[bazzy_1]

hello im BACK!!!!
yahoo yahoo!!!
im back!!!

remember me people....?

i am desperate wife and im desperate for my husband....he is currently in pakistan with me for a whoooollee month!!....im enjoying every bit of it!

more than 90 working days hav passed so far since 5th may when i applied from karachi for my spouse visa....and still no no reply...

batlay khan uncle ... how r u sir?.......how did ur ramazan rozay go?....i felt so left out and missed u all when the stupid fourm people kicked me out.

thanks for ur speacial prayers piyaray batley khan uncle jee....i m very happy now that my hubby is here with me for a whole month

i miss u all....

plz remember me in ur duas....it looks like i'll be going at the end of the year to my hubby....these bloody bloody stupid visa processing people!!!!
i hate them all soo much!

under the clean white man face...there all a bunch of super rotten 'achaar' tomoatos!

take care all

keep in touch

D_W

PEACE!

Hi D_W

Welcome back..

Was just wondering if you tried contacting BHC or emailing them and what response they are giving u.

My wife also aplied from karachi at the end of June. But if you have not heard anything until now then that dont fill me with any optomism either.

Hope you inshallah hear somthing soon so you can travel back with ur hubby

All the best

[sabah]

hi u ok how are things going.please check your mail

Hiya i just need a bit of advice please

My Husband contacted BHC in islamabad few weeks ago and they sent him a letter saying that they cannot
trace his visa application and advised him to contact UKBAIG HUB in London.
We contacted them and they were unable to trace it either.
Now we have contacted our Local MP and she spoke to them yesterday on our behalf and told us
that they could not find his application and they will be contacting Islamabad and will update her.

I am really worried as I never thought that this could happen

Any advice what to do or who to contact

Please Hep!!!!

[Chavy]

*Mythed* I am receiving conflicting advice about the 28 day rule to appeal. Rang the AIT again, now in complete contrast to their earlier response are insisting it's within 28 days of the refusal date stated in the refusal notice. Not when the documents were handed to you. Can anyone shed any light on this matter.

There have been delays over Eid is informing applicants of their decisions.