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visa granted but there not giving it!

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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papercut2008uk
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Posts: 3
Joined: Wed Jun 17, 2009 1:14 pm

visa granted but there not giving it!

Post by papercut2008uk » Wed Jun 17, 2009 1:31 pm

to cut a long story short, it's been 1 and a half years since I applied for a visa for my wife to come from Pakistan to UK, after going to an immigration tribunal hear in UK, she was granted the Visa (January 2009). Now in Pakistan, she had filed all the paperwork, and they had given a date for 20th June, now she went back after not getting her passport back, and there saying it's going to take another 2 months!

Longer version.

I got married almost 3 years ago, after staying with my wife for over 8 months, came back to UK and applied for the visa, because I suffer from depression, and am on benefits I didn’t think it would be possible, so after looking for work and failing, I just applied for her visa through a solicitor. The application was first failed, and then we did an appeal, and then was given a date to attend an immigration tribunal hearing in UK. Went there, and after 2 weeks heard that the judge had granted the visa.

so in January we sent off all the paperwork to the visa office in Mirpur Pakistan, and waited the initial month for them to repeal the decision, after that we waited and waited for a letter to come to say she should bring her passport and whatever extra documents they need, 5 months later we got the letter, so she took everything it said to the visa office in Mirpur, and they gave a date of travel for July 20th 2009.

She went there today, to be told they will not issue the visa for another 2 months!

I have tried over the last year and a half to get in contact with Islamabad high commission, Gerrys FedEx, I never get any replies!

Feel like I’m alone in this situation, since this is probably a one off case as well.

batleykhan
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Posts: 3573
Joined: Mon Jul 30, 2007 4:58 pm
Location: West Yorkshire

Post by batleykhan » Wed Jun 17, 2009 3:32 pm

This is not a one of case. This is becoming a common problem for those who applied, were refused, went to hearing ,visa granted and now its taking them ages to issue the visa.

I have heard on the grapevine that the ECO get a bit pissed off when they are proved wrong by the Appeal court. They then take it out on the applicant by making them wait for months for the visa to be issued, when in fact it should be done straightaway after the ECM/ECO recieves teh adjudicators decision from the Home Office.

This has happened a few times, particularly In Islamabad. You only have to read some of the posts here to find out.

Whether this is the case or not, I cant say for sure, but its bloody annoying for people to wait weeks and months when they have proved their point to an independent judge.

I have highlighted below extracts from the ECO Guidance Notes on what they are required to do in a sittuation like yours
[quote]
APL2.8 Appeal allowed - Directions given to issue

Post receives an allowed determination and the Immigration Judge has directed that entry clearance is issued. SAT has not challenged the decision (see APL2.6 above).

There is a statutory duty under Section 87(2) of the 2002 Act for the ECO to comply with directions, unless the determination is subject to further appeal.

An ECO has no power to re-refuse an application if an immigration judge has “directed issueâ€

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