my wife been asked to appeal againt ECO decision

[RASHI]

we got married in march 2008, and applied for visa in islamabad on 11 april 2008, my wife was called for interview on 24 of june 2008.

the decision was following: " i'm satisfied that you meet the requirements of paragraph 281 of the immigration rules, except 281 (iii)".

(281-iii)each of the parties intend to live permanently with the other as his or her spouse and the marriage is subsisting;)

i've refused your visa applicatin on this occasion becouse i'm not satisfied, on the balance of probabilities. and you can appeal.

in other words he is saying all the paper work we provided is correct nothing wrong with it also she was asked to bring more wedding pictures and my payslips, which she provided.

can any anyone please tell me on what grouds shall i appeal, or any information regarding this. thanks

[vinny]

See also 13.5 - Spouses/civil partners and how they qualify and 13.13 - Intention to live together; residence after arrival in the UK and Guidance - Appeals (INF 19).

[RASHI]

thank you ery much for info, but it is very difficult to prove, as we only been married only abt 2-1/2 months, i will show the telephone bill, showing that we in contact regularly......but not sure what to write on appeal itself.......thaks again, tc

[gollywood]

Might have been something she said.

Unfortunately, many sub-continental applicants (I'm from there BTW), tend to answer questions in extravagant ways, rather than simple, truthful ways.

Classic one we came across was one guy who claimed his was a pilot, when in fact he drove a taxi; and another that claimed to own vast propery and land when in fact he owned a 'bangle cart'

But rather than saying 'its a perfect application' etc, there must have been something that gave them cause to fail the application - you have to find that 'weakness' and turn it into a strength.

When you can do that - you'll GET THEM!

[RASHI]

thanks for your comments, on interview she did not answer properly, ie 1- she was asked what car i drive? 2- how much is my salary? 3- why i got divorced from my ex? 4- which area of city in uk do i live? and so on......

[vinny]

Sallam all, i was wondring if any body been through the appeal process, and if sum1 can help me with this matter, i got to submit my wife's appeal in two weeks, what shall i write etc. nb: i have posted the reasons for appeal on another thread which can be seen under RASHI. thanks

It may be more helpful if you post in the same thread.

[batleykhan]

I think because your wife did not answer some simple questions asked by the ECO raised doubts in his mind as to whether you are genuinly married and intend to live together.

I know it is difficult for ladies to answer some questions, particularly if they are from a rural area, and have been married for a short time,however writting an appeal notice and a good respond will not that be difficult, if it can be proven that you genuinly intend to live together.

You may need to seek advice from a qualified immigration advisor (UKIAS or JCWI do it free charge).Hope this helps.

[gollywood]

Seems like basic questions they asked - and your wife was unable to answer.

In the same situation as you, I tried to prepare for EVERY eventuality.

Broke it down into the following catagories:-

1) Employment (employer/nature of job/salary/how long etc)
2) Leisure (interests/hobbies)
3) Family (Qs on relatives / family circumstances etc in the UK)
4) Geography (location/how long lived there etc etc)
5) Favorites (foods/cars/music & film genres) etc etc
6) Why we married (type of marriage/where/duration/who initiated etc etc)

Please tell me you did some interviw prepararion...or at least sent her Questions/Answers to practice???

[batleykhan]

I thought they did away with all interviews at Islamabad, and the ECO made the decision on the basis of the documentary evidence before him.

I think they must have some serious doubts if they have to call you. It must be down to the sponsors chequered history or some other serious doubts.

I agree with Gollywoods comments. People in the Indian subcontinent do things very hastily without much thought till its to late.

I would have thought its common sense to discusss with your sposuse, what Gollywood has stated. If you dont this is the outcome.

Rashi, how have you worded your appeal notice in respond to this?. It might be a good idea to seek advice on it before you send it off.

[RASHI]

Hi all, i got letter from AIT yesterday saying that my appeal will be decided on papers ( decision from ECM was that "This case has been reviewed in light of the grounds of appeal and we can find no reason to overturn the original decision of the ECO. In order to assist immigration judges we have produced a fact sheet on pakistan, which we hope will assist you in determinig entry clearance appeals".) and if i want to submit anything i should do it by the 9th of feb 2009, no other date given. In AIT-2 appeal application i said i want an oral hearing, but AIT got it all wrong, i phoned them soon as i got the letter n i was told to write a letter to AIT saying that i want an oral hearing, which i have done n waiting for thier reply now. Also i'm flying to pakistan next week for 4 weeks to see my wife, n on return i'm going to submit my passport's stamped page as proof. just the waiting game now......all the best for those of you who have got appeals coming up.

[bazuk]

Is the ECO Pakistani or British, male or female. Not that it makes a difference just want to know who they employ in BHC Islamabad.