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Spouse visa rejected! Help!

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salsid123
Newly Registered
Posts: 1
Joined: Sun Mar 24, 2013 5:32 pm

Spouse visa rejected! Help!

Post by salsid123 » Sun Mar 24, 2013 5:43 pm

Hello all, I am in really difficult position as my wife's visa has been rejected. We applied in early Jan and it took more then 2.5 months to even respond, and they refused!

Facts:
- My wife and I got married in Sept 2012 in Karachi Pakistan. My wife is a holder of Pakistani passport and I am currently on an ILR we submitted our application for her to join me in early Jan 2013. The application was submitted from Karachi, Pakistan.
- I submitted 4 months payslips and 4 months bank statements as well as an employers letter that confirmed my salary (which was well in excess of minimum requirement). I was not able to submit payslips and bank statements for December 2012 as they had not yet been issued/provided to me at the time the application was made. The employers letter unfortunately did not confirm for how long I had been on this salary. I also submitted my P60 from 2012 which showed that I had clearly been paid a gross salary that was in excess of minimum requirements over the 12 months of the P60 period.
- This week my wife received a refusal letter. It states that because I didn't submit 6 weeks of payslips and bank statements, we have been refused and have the right of appeal.
- I can easily provide the 6 months of statements and slips that they need.

We are looking to appeal but are really worried about the time scale? Some people are saying that appeal takes 6 months at least!! Also I have seen that the appeal first goes to ECM who can overturn the decision. If this is the case, then I think the ECM should really overturn it as I can provide the documents required and can address the refusal points.

I wanted to know what my chances are for the ECM to overturn the decision, as i think it is a very straightforward case. Does the ECM usually overturn decisions? If so, how long do they usually take for Pakistan cases if anyone has any experience?

I would really appreciate the help as I am pulling my hair out right now!

desmortess
Newbie
Posts: 39
Joined: Thu Nov 22, 2012 12:46 pm

Re: Spouse visa rejected! Help!

Post by desmortess » Tue Mar 26, 2013 4:05 am

salsid123 wrote:Hello all, I am in really difficult position as my wife's visa has been rejected. We applied in early Jan and it took more then 2.5 months to even respond, and they refused!

Facts:
- My wife and I got married in Sept 2012 in Karachi Pakistan. My wife is a holder of Pakistani passport and I am currently on an ILR we submitted our application for her to join me in early Jan 2013. The application was submitted from Karachi, Pakistan.
- I submitted 4 months payslips and 4 months bank statements as well as an employers letter that confirmed my salary (which was well in excess of minimum requirement). I was not able to submit payslips and bank statements for December 2012 as they had not yet been issued/provided to me at the time the application was made. The employers letter unfortunately did not confirm for how long I had been on this salary. I also submitted my P60 from 2012 which showed that I had clearly been paid a gross salary that was in excess of minimum requirements over the 12 months of the P60 period.
- This week my wife received a refusal letter. It states that because I didn't submit 6 weeks of payslips and bank statements, we have been refused and have the right of appeal.
- I can easily provide the 6 months of statements and slips that they need.

We are looking to appeal but are really worried about the time scale? Some people are saying that appeal takes 6 months at least!! Also I have seen that the appeal first goes to ECM who can overturn the decision. If this is the case, then I think the ECM should really overturn it as I can provide the documents required and can address the refusal points.

I wanted to know what my chances are for the ECM to overturn the decision, as i think it is a very straightforward case. Does the ECM usually overturn decisions? If so, how long do they usually take for Pakistan cases if anyone has any experience?

I would really appreciate the help as I am pulling my hair out right now!
Mate, the rules clearly says that you gotto provide 6 months over of bank statements & pay slips. You can try for appeal using your missing bank statements but again UKBA is always an unknown when it comes to an answer. so

king2be98
- thin ice -
Posts: 593
Joined: Fri Aug 19, 2011 2:49 pm

Re: Spouse visa rejected! Help!

Post by king2be98 » Tue Mar 26, 2013 9:44 am

Last year people had to wait over 5 months on average for a response, so count yourself lucky that you're not one of those people.

Your appeal will be overturned and VISA granted provided you have valid reason for not giving 6 months of wage slips. It appears that is the case and whetehr it's the ECM or the immigration judge, you will get an overturned decision.

Appeals can take over 6 months if it goes the distance, that is the downside. The benefit to an appeal is your pretty much guaranteed a VISA and it's at a fraction of the cost of a brand new appeal. For some the price is a small one to pay, but it has to be said.

If you re-apply who's to say you won't get refused again? Yes it will be handled much quicker and you will get a decision within 4 months, but if it comes out negative, you will have to appeal then and you could wait 6 months on top of that.

I always recommend an appeal when you are likely to get an overturned decision, in this case, missing wage slip because it wasn't issued yet is a valid reason. You will have to submit it as additional/supporting evidence and not as new evidence.

We have a thread dedicated to Pakistani appeals with 95 pages of very useful information, you can go through that for estimates on time frames. You will find that it's inconsistent and some have to go to court and some don't.

mirabeelz
Newly Registered
Posts: 25
Joined: Fri Mar 29, 2013 12:50 am
Location: Doesnt Add Up
Contact:

Post by mirabeelz » Sat Mar 30, 2013 12:19 pm

Hi everyone

PLEASE GUYS ADVISE,URGENTLY NEEDED

I applied for UK spouse visa on July 3rd 2012 and on October 15th I received my decision and I was not allowed entry because I didnt meet theEnglish requirement.As part of my evidence to meet the English requirement I added my Bsc degree certificate,English proficiency letter from my university,my school's four year transcript and a printed out PBS calculator which clearly showed I score 10 points and knowing that the calculator is an extension of UK NARIC operation I was more than confident I had met the rule.After reading my refusal notice it became more real to me that the PBS print out I added wasn't recognized and so I applied to UK NARIC two days after my refusal and on fast track service I got a confirmation letter from UK NARIC that my Bsc degree is of equivalent to British standards.A day after this letter I appealed with the UK NARIC letter and my school's particulars on October 18th.my appeal fee was taken up and I received a letter from AIT in December that my appeal bundle has been sent back to the UKBA:the visa office for the ECM to review within 19 weeks.I have since then not heared anything again and I am frustrated and anxious.I do know 19 weeks are not yet up but I would like to know from you honorable members on this forum if the UK NARIC letter is an ADDITIONAL or NEW evidence because I know new evidence are not allowed in appeals and also is it possible I can get the refusal to be overturned at review stage??the ECO stated in my refusal letter that I am strongly advised to add any additional supporting document which can help resolve the situation at the review stage and does go to AIT for appeal,or should I reapply??.All advice and help is greatly appreciacted.

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