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visa refusal nightmare can anyone help??

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Kappa
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Posts: 4
Joined: Tue Apr 29, 2008 1:04 am
Location: UK

visa refusal nightmare can anyone help??

Post by Kappa » Tue Apr 29, 2008 1:32 am

Hello all,

Here goes...

I am an english citizen (born i the UK). I got married in the Uk and after 2 years my marriage unfortunately broke down, resulting in seperation then divorce.

My problem is this. I got married again in Pakistan, It was probably the best decision i ever made in my life (wonderful wife etc...)

I applied for her spouse visa and sent in all the usual paperwork. Letter from employer, wages slips etc...

The problems started when i declared i was divorced, my case got bounced back because I could not prove I was divorced. Since my marriage in the UK was an islamic one (never registered) I didnt think i needed proof, but hey I got it anyway. I contacted the shariah council and applied for a divorce certificate, i got it a few weeks later.

Now my divorce cert was dated after my second marriage, so my case got refused again. I since appealed and all I kept getting was bad news (refusals because of the dates, divorce cert dated after second marriage).

I then went back to Pakistan and got re married (to my second wife), i got a Nikah namah dated after my divorce cert.

I have re applied and submitted the following docs (apologies for going on bear with me tho)

* Nikah namah (Engish and Urdu version) the new one after second marriage
* Photographs of me and the wife (at various functions and dinners)
* Photographs of the original wedding
* attested copies of my passport (UK)
* Housing survey letter (I am a home owner)
* Letter from employer (stating my employment status)
* Wage slips
* Bank statements
* sponsorship undertaking letter
* VAF 4 application form
* cards and letters i sent to my wife and she has sent to me
* Divorce cert from my first marriage
* BT phone bills with all my calls to pakistan highlighted
* letter from my solicitor explaining the dates and the new application based on the first refusal
* doctors letter (TB scan, all clear)
* Photographs of the missus

I think thats it.

Now if your still with me then my question is this, what are my chances of getting good news. will my first refusal be held against me. I have done nothing wrong ( dont think I have). what am i missing? I am worrying like crazy and it's really getting me down, all I want to do is get on with my life.

Can anyone put my mind at ease??

Thank you for your attention, apologies for the really long post.

thanks

K

gollywood
Member of Standing
Posts: 349
Joined: Sun Feb 17, 2008 9:30 pm

Post by gollywood » Tue Apr 29, 2008 12:21 pm

MArried 3 times....still no wife!! (I jest)

Did you reapply or did you appeal the 1st rejection of visa?

Might have been easier (perhaps a little more time consuming though) to appeal, and show the presiding judge at appeal why the 1st application was rejected.

If you have reapplied as a new application, then you should be OK as long as everything is in order. You should have submitted a covering letter with the new application to explain what happened 1st time round.

That way, if its rejected again and you appeal - the judge can see you provided all the info possible to make the HO's decision easy, yet they still chose to ignore it (the HO are like that)

Kappa
Newly Registered
Posts: 4
Joined: Tue Apr 29, 2008 1:04 am
Location: UK

Post by Kappa » Fri May 02, 2008 5:42 pm

Hey Gollywood,

Married 3 times?? I wish. thinking about it that's not too far from the truth...

Yeah I appealed about 3 times, i got frustrated how they would not reconsider the judgement based on the papers already submitted. I even contacted a divorce solicitor and they wrote a letter explaining that there was no need for a UK divorce etc... as I was never married under UK law.

This appeals process went on for over a year, frustrating to say the least. They would not reconsider the first judgment (albeit a wrong one). I was advised in the end to go back and re marry.

I got my solicitor to write a covering letter and included all the information from the first judgement and all subsequent appeals. as well as additional info (the list in the first post).

Hopefully they will read it and see that i'm not doing anything wrong.

The paperwork has been submitted so lets see what happens.

Thanks for your support all, keep positive. It's nice to see so many people who are willing to help out there...

K.

gollywood
Member of Standing
Posts: 349
Joined: Sun Feb 17, 2008 9:30 pm

Post by gollywood » Sat May 03, 2008 11:35 pm

Any chance you could provide a bit more info on the applications you have made - their outcomes. And any Appeals that you have made - where & what their outcomes were.

Thanks Kappa

Kappa
Newly Registered
Posts: 4
Joined: Tue Apr 29, 2008 1:04 am
Location: UK

Post by Kappa » Tue May 06, 2008 1:21 pm

Hey Gollywood,

Well the first refusals were based around my nationality, basically a whole load of paperwork went 'missing' (mysteriously) so they could not verify I was a UK national.

What it all boiled down to in the end was that the divorce certificate was dated after my second marriage, although the actual seperation date (as stated in my divorce cert) was before my second marriage. this had no consequence.

The judgenment was that i was not free to marry for a second time because my Islamic divorce certificate was dated after my second marriage.

With all this in mind, I remind you again that my first marriage was never registerd in the UK and therefore was not considered valid under UK Law as it was not held in a place that was registered for marriages, and conducted by a person authorised to cinduct marriages under UK law. (I also included a letter stating this from my divorce lawyer).

I was at my wits end when I heard all this. I was then advised to go back to pakistan and re marry, get a marriage certificate with a date after my divorce certificate and re submit all the docs. (I was a bit uncomfortable doing this as I felt i did nothing wrong)

My solicitor did a covering letter with all the judgements and included an explanation on why it should be re considered as well as the list of paperwork above.

I am worried as hell as i have now submitted everything and am chewing my fingernails in anticipation.

I don't know my chances of good news but my fingers are crossed.

Hope this helps anyone else...

Cheers

K.

P.S. apologies again for the really long post

Kappa
Newly Registered
Posts: 4
Joined: Tue Apr 29, 2008 1:04 am
Location: UK

Visa has been accepted, wife is on her way.

Post by Kappa » Thu Jul 03, 2008 8:24 pm

Hello All,

I have some good news at last, I got a cll last week from the wife telling me her visa hadbeen granted. Although they waited two weeks before telling her (leaving her two weeks to come to the uk, she has to leave in 28 days).

I am over the moon, but to be honest I have been in limbo for two years. This has been one mother of a painful process.

Anyone going through this pain let me know, i will see i i can help in any way.

But my biggest piece of advice is GO AND SEE SOMEONE WHO SPECIALISES IN IMMGRATION LAW.

Thank you all for your help

K.

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