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Re: Pakistan UK Spouse visa appeals

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Marriage | Unmarried Partners | Fiancé | Ancestry

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Ra2011
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Re: Pakistan UK Spouse visa appeals

Post by Ra2011 » Thu Jul 14, 2016 8:43 pm

Hi
I am new to this website and I am looking for some support/answers. Hubby and I have been married for just over 5 years. We have had bad luck with the visa process. We have been refused for the 3rd time now 12.07.16 - I'm wondering if it's worth to go forward with an appeal (which I am hoping so). I am sponsoring him, he is Pakistani and I am a British citizen. If I were to post my refusal letter would anyone be able to help?
I have 28 days to lodge an appeal.

Eagerly awaiting a reply.
Thanks in advance!
Ra.

Ra2011
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Spouse Visa refused 3 times **help**

Post by Ra2011 » Thu Jul 14, 2016 9:02 pm

Hi everyone,
I am new to this website and I am looking for some support/answers. Hubby and I have been married for just over 5 years. We have had bad luck with the visa process. We have been refused for the 3rd time now 12.07.16 - I'm wondering if it's worth to go forward with an appeal (which I am hoping so). I am sponsoring him, he is Pakistani and I am a British citizen. If I were to post my refusal letter would anyone be able to help?
I have 28 days to lodge an appeal.

Eagerly awaiting a reply.
Thanks in advance!
Ra.

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Re: Pakistan UK Spouse visa appeals

Post by Sidhrakhan » Thu Jul 14, 2016 9:04 pm

Ra2011 wrote:Hi
I am new to this website and I am looking for some support/answers. Hubby and I have been married for just over 5 years. We have had bad luck with the visa process. We have been refused for the 3rd time now 12.07.16 - I'm wondering if it's worth to go forward with an appeal (which I am hoping so). I am sponsoring him, he is Pakistani and I am a British citizen. If I were to post my refusal letter would anyone be able to help?
I have 28 days to lodge an appeal.



Eagerly awaiting a reply.
Thanks in advance!
Ra.
Sorry to hear about the application if you post it here surely other members who been through it will give there offer and support on there experience

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Re: Spouse Visa refused 3 times **help**

Post by noajthan » Thu Jul 14, 2016 9:07 pm

Posts merged - no need to post multiple questions.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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ILR1980
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Re: Spouse Visa refused 3 times **help**

Post by ILR1980 » Thu Jul 14, 2016 9:48 pm

share the reasons of refusals

Ra2011
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Re: Spouse Visa refused 3 times **help**

Post by Ra2011 » Fri Jul 15, 2016 12:22 pm

Thanks for replying (all of the above)
Sorry I'm new to this, still getting the hang of it

Sorry I'm not sure how to upload the refusal, can't find the attachment option, help please someone!

The points the ECO mentioned, there's a confusion there I remember answering some questions differently and feel it's not been very fair.

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Re: Spouse Visa refused 3 times **help**

Post by CR001 » Fri Jul 15, 2016 12:27 pm

Can you type out the refusal letter (without any personal information).
Char (CR001 not Casa)
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Re: Spouse Visa refused 3 times **help**

Post by Ra2011 » Fri Jul 15, 2016 8:42 pm

Reasons for Refusal

- You state in your application that your sponsor is employed by Employer Name as an office assistant and she has worked there since 18 may 2015. On 2 and 3 June 2016 Home office staff telephoned this employer and your sponsor to discuss her employment. A record of these calls is held by the home office.

- These phone call records show inconsistencies given by the employer and the sponsor.

1. The employer said that the sponsor sometimes works on Saturdays if she has to. The sponsor said that she always works on Saturday and only works sometimes during the week.
2. The employer said that the sponsor was now due to pick up some papers. The sponsor said she was not due this until the end of June.
3. The employer said that the sponsor is paid 7.20 per hour. The sponsor said she is paid 8.00 per hour.
4. The sponsor and the employer gave different descriptions of the building the business is based in and its surroundings.
5. The sponsor could only name one client of the business and did not know how many staff worked for her employer.

Now im sure many of you guys understand how this feels but i was SUPER nervous and i am quite an anxious speaker when feeling nervous. i work whenever i want, because its a flexible job and a work from home job i literally work whenever and however i wish.
about the pay mixup, i said that i got paid 7.20 up until a certain month and thereafter got paid 8.00 so i dont know why the ECO hasnt stated this.
in terms of description, my employer and i stated different surroundings as there are so many and we both answered in our own ways. i think the ECO should have atleast checked if she/he really doubted us
last but not least, i could only remember one client really at the top of my head as i dont always have the names of them on me, just the info that needs logged. lastly i do not work at the office ever, im a busy person so i just go in to see my boss and collect my work that needs done so i dont know who works for him etc etc, this is my second job too.

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Casa
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Re: Spouse Visa refused 3 times **help**

Post by Casa » Fri Jul 15, 2016 8:55 pm

In all honesty, it you put yourself if the ECO's shoes, would you have your doubts about whether the employment is genuine? Take the issue of "my employer and i stated different surroundings as there are so many" . Why would there be different surroundings for the place of business? One discrepancy may be acceptable, but your statement and the employer's appear to differ in all the answers given. :|
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Re: Spouse Visa refused 3 times **help**

Post by Ra2011 » Fri Jul 15, 2016 9:05 pm

Casa wrote:In all honesty, it you put yourself if the ECO's shoes, would you have your doubts about whether the employment is genuine? Take the issue of "my employer and i stated different surroundings as there are so many" . Why would there be different surroundings for the place of business? One discrepancy may be acceptable, but your statement and the employer's appear to differ in all the answers given. :|
thankyou for taking the time out to reply.
because it is a busy place where the office is situated that is what i meant. I would have made more checks, especially if everything else was more accurate, they even said they would phone me again if required.

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Casa
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Re: Spouse Visa refused 3 times **help**

Post by Casa » Fri Jul 15, 2016 9:14 pm

You've said you've had three applications refused. Were they all for the same reason, doubts that the employment is genuine?
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Spouse Visa refused 3 times **help**

Post by Ra2011 » Fri Jul 15, 2016 9:16 pm

Casa wrote:You've said you've had three applications refused. Were they all for the same reason, doubts that the employment is genuine?
nope, different reasons and this is the first time i have had a phone call from them.
she asked other questions too which obviously matched, she just mentioned these few.

i would appreciate any advice.
thanks.

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Re: Spouse Visa refused 3 times **help**

Post by Casa » Fri Jul 15, 2016 9:19 pm

You can appeal the decision but you'll have to submit strong evidence that the employment is genuine.
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Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ra2011
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Re: Spouse Visa refused 3 times **help**

Post by Ra2011 » Fri Jul 15, 2016 9:22 pm

thankyou for replying.

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Casa
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Re: Spouse Visa refused 3 times **help**

Post by Casa » Fri Jul 15, 2016 9:23 pm

You're welcome.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Spouse Visa refused 3 times **help**

Post by Obie » Fri Jul 15, 2016 9:39 pm

It is a huge money being spent on these previous application.

I agree that continued application will be a
Waste of money. My suggestion is to appeal.
Smooth seas do not make skilful sailors

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ILR1980
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Re: Spouse Visa refused 3 times **help**

Post by ILR1980 » Fri Jul 15, 2016 9:58 pm

Ra2011 wrote: nope, different reasons and this is the first time i have had a phone call from them.
she asked other questions too which obviously matched, she just mentioned these few.

i would appreciate any advice.
thanks.
I think most people are getting call form ECO and get confuse over some questions which give ECO excuses to refuse the application. I know many people who visited the office only once when applied for job and rest they deal everything over the phone and work by their own. ECO ring them and ask question where is building, how it look like, what others business are located nearby? how many employee working with your employer..share the names of managers and people at senior positions, what is your pay? when you did your last shift and how many hours you did work ? etc etc Those who are working night shifts and sleep during the days keep their mobile silent and miss these calls from Unknown numbers which again provide them excuse to refuse the application

Its easy to verify your statement/payslips/employer letter from HMRC/bank/employer that whether they are genuine or not. If they are genuine then i dont understand the reasoning behind all this telephonic interview

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Re: Spouse Visa refused 3 times **help**

Post by seagul » Fri Jul 15, 2016 10:18 pm

If the last 6 months officially issued/certified payslips with 6 months bank statement confirming wages amount is attached then I don't think ECO will contact sponsor's employee. I think ECO only contact such employers about which they can't properly find out on internet or suspicious payslips attached.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa refused 3 times **help**

Post by ILR1980 » Fri Jul 15, 2016 10:43 pm

seagul wrote:If the last 6 months officially issued/certified payslips with 6 months bank statement confirming wages amount is attached then I don't think ECO will contact sponsor's employee. I think ECO only contact such employers about which they can't properly find out on internet or suspicious payslips attached.
Your thinking is wrong. ECO can do whatever they want if they are in mood of refusing your application :D I have seen them calling to sponsor who sent them original payslips, employer letter, original bank statements and even p60. But yes if you have two jobs with some missing information or one of your job is cash in hand/self employment or has previous refusals history or if they have some doubts about authencity of your employment/relationship then you have more chances of getting call from them

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Re: Spouse Visa refused 3 times **help**

Post by Ra2011 » Fri Jul 15, 2016 11:08 pm

^^thankyou all for the replies!

Yes all my documents are original and my lawyer thoroughly checked all before submitting, no refusal on documents just regarding the phone call and I feel it's really unfair.
I am thinking of appealing as I cannot bear the thought of submitting another application, it's ridiculous!

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Re: Spouse Visa refused 3 times **help**

Post by ILR1980 » Fri Jul 15, 2016 11:14 pm

Ra2011 wrote:^^thankyou all for the replies!

Yes all my documents are original and my lawyer thoroughly checked all before submitting, no refusal on documents just regarding the phone call and I feel it's really unfair.
I am thinking of appealing as I cannot bear the thought of submitting another application, it's ridiculous!
did you received call from Unknown number and they rung you after talking to your employer ?

Yes your best bet is to go for appeal but sadly it take 12 to 18 months of wait plus additional money if you go for solicitor

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Re: Spouse Visa refused 3 times **help**

Post by seagul » Sat Jul 16, 2016 12:43 am

Except refusal #4 all other discrepancies are very minor because if there a lot of workers work for that organization and someone call to the HR department of that organization then the HR staff can never be able to give 100% correct data about a particular work because a lot zero hour workers work at different pay rates depending on different sites and that information cannot be usually available in a compact format to tell over phone. I will recommend that along with the appeal process there must be a rule either to compensate the applicant of rejection or severeally punish the caseworker if the refusal reason made on silly reasons.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Spouse Visa refused 3 times **help**

Post by vinny » Sat Jul 16, 2016 2:37 am

Obie wrote:It is a huge money being spent on these previous application.

I agree that continued application will be a
Waste of money. My suggestion is to appeal.
I'm wondering how helpful appeals are now? The only rights/grounds for appeals appear to be human rights. Is it similar to that of a family visit appeal? Perversely, satisfying the rules, apart from human rights, may not be sufficient grounds for winning an appeal?

Moreover, there's also doubts about the Tribunal's powers?
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Re: Spouse Visa refused 3 times **help**

Post by i.need.help » Sat Jul 16, 2016 9:40 am

Ra2011 wrote:^^thankyou all for the replies!

Yes all my documents are original and my lawyer thoroughly checked all before submitting, no refusal on documents just regarding the phone call and I feel it's really unfair.
I am thinking of appealing as I cannot bear the thought of submitting another application, it's ridiculous!
Personally, I think the refusal is valid even if it seems unfair to you.

Anyways, appeals can and often do take over a year.
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Re: Spouse Visa refused 3 times **help**

Post by Ra2011 » Sat Jul 16, 2016 10:21 pm

Thanks again to everyone who replied.
Yes I do believe it was u fair. I probably will go for the appeal and get my mp involved.

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