Spousal Visa Application - Pakistan

[snipered]

Dear all,

I submitted my application as a PBS dependent on 17/05/10 and received response today i.e 17/06/2010. I was refused my visa application - the decision was given as:
Quote:
As laid out in appendix E of the Immigration Rules, you must show that your sponsor has available £ 533 in available funds (per dependant applying). These funds must be held in account for three consecutive mnonths with a final statement date no more than one month from the date of application. You application was made 17/05/2010 and you have submitted Barclays bank statements dating 13/02/2010 to 05/05/2010. Therefore I am satisfied that the funds have been held in account for less than three consecutive months. I am therefore not satisfied that there is a sufficient level of funds available to you as set out in Appendix E 319 C (g)

I have therefore refused your application because I am not satisfied on the balance of probabilities that you meet all of the requirements of the above paragraph(s) of the Immigration Rules


In my application I have provided my husband Barclays Bank statement from 15/12/2009 to 05/05/2010 and not from 13/02/2010 to 05/05/2010 as stated in the refusal – covering a period of 4 months and 5 days. The bank statements provided were 4 in all, with break up dates given below:

1. From 15/12/2009 to 12/02/2010
2. From 13/02/2010 to 12/03/2010
3. From 13/03/2010 to 14/04/2010
4. From 13/04/2010 to 05/05/2010

My refusal states that the account statements have been provided from 13/02/2010 to 05/05/2010; hence not fulfilling the criteria of providing a bank statement covering 3 consecutive months which has not been the case.

I don't understand why they have refused my application. Did they make a mistake?

Can some one help me with the following queries:

1. Should i opt for an administrative review?
2. Should i go for an appeal
3. What are the approximate time lines for each?

Your help would be highly appreciated.

They have definitley made a mistake. You need to appeal asap.

[navalaviator]

Processing times for the month of may 2010 have been published,92%applications at Islamabad VAC were processed in just 30 working days,hmmmmm thats very assuring i assume

[Q4sim]

9.1 Is there any other information you wish to be considered as part of your application?

Hey everyone, what did you guys put under the above section in the VAF 4A application form?
All the evidence is already attached in my wifes application, so I cant think of anything for her to write other then please see supporting documents.

[Fatima Jamal]

Yeah i understand but which is faster.. appeal or review.. and what is the difference between an appeal and review?

[kaidee]

Kaidee where have you gone mate ,havent seen your posts for a while did you hear anything regarding your application

Still around... heard absolutely nothing yet. Will be 29 working days this Friday

[snipered]

9.1 Is there any other information you wish to be considered as part of your application?

Hey everyone, what did you guys put under the above section in the VAF 4A application form?
All the evidence is already attached in my wifes application, so I cant think of anything for her to write other then please see supporting documents.

Did you not say that you did not stay with your wife. Well this is the section to explain it in. Explain the situation without waffling, just get to the point.

Explain anything else that you think the eco should know.

[snipered]

Yeah i understand but which is faster.. appeal or review.. and what is the difference between an appeal and review?

Review is faster. You can apply for a review within 12 days. You will get a response within 30 days.

Appeals can take anything between 4+ months.

[navalaviator]

Yeah i understand but which is faster.. appeal or review.. and what is the difference between an appeal and review?

Review is faster. You can apply for a review within 12 days. You will get a response within 30 days.

Appeals can take anything between 4+ months.

Review is faster. You can apply for a review within 12 days. You will get a response within 30 days.

Appeals can take anything between 4+ months

Wrong sorry

Well without making things complicated i assume that its better to appeal as application is reviewed automatically and immediately as part of the appeal process by the ECM (Entry clearence manager) and its more likely that it would be overturned at this stage with out going in to the appeal process(provided that the reason for refusal is a sort of mistake made by an ECO or the applicant has very strong grounds of appeal) while on the other hand i will oppose the review as it takes much more longer time and the worst part of the review path is that its all on the BHC whether they review it or not so as a result it further delays an application to proceed to the court if review is not successfull,Appeal normally takes 6 months+ but its an effective and a proper way to counter the refusal.
Its very rare that decisions are overturned in reviews.
Batley Khan could shed some light on it and would advise between a review or an Appeal.

[Fatima Jamal]

Thank you guys for your information and help. I have messaged Mr Batley and am awaiting his response. Actually i am sure that they have made a mistake but my main concern is the time taken in each process. According to the ukvacpk.com, the website states that for an appeal:

1. The court takes upto 9 mths for a settlement visa
2. The time taken to send this decision to UK Border Agency is 1 - 2 months
3. The visa granting time by UK border agency is 2 mths.

This is a total of 1 year which is a lot of time. where as the Admin review, as given on the website takes 28 days to revert back with their decision

Has any one actually appealed? and what was the time taken by them

Please help, i would rather post a fresh application, because they responded in 1 month, but again there is no gaurentee that they
will not object on some other grounds for a fresh application

[sajidmahmood]

Kaidee where have you gone mate ,havent seen your posts for a while did you hear anything regarding your application

Still around... heard absolutely nothing yet. Will be 29 working days this Friday

you made my calculation easier so 29 days elapsed for my borther in law also. lets see wo gets the news first!

[alibokhari]

Yeah i understand but which is faster.. appeal or review.. and what is the difference between an appeal and review?

just a quick question - which visa you applied for dependant or settlement?

thanks

[batleykhan]

Thank you guys for your information and help. I have messaged Mr Batley and am awaiting his response. Actually i am sure that they have made a mistake but my main concern is the time taken in each process. According to the ukvacpk.com, the website states that for an appeal:

1. The court takes upto 9 mths for a settlement visa
2. The time taken to send this decision to UK Border Agency is 1 - 2 months
3. The visa granting time by UK border agency is 2 mths.

This is a total of 1 year which is a lot of time. where as the Admin review, as given on the website takes 28 days to revert back with their decision

Has any one actually appealed? and what was the time taken by them

Please help, i would rather post a fresh application, because they responded in 1 month, but again there is no gaurentee that they
will not object on some other grounds for a fresh application

Are you sure you had £533 in your account for the 3 months period. Even if you fell short of £1 for a day from the above amount, they could justify in refusing you

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

In my opinion its not about providing 3 months statement, its whether you had enough money in there for that period. So did you have above amount in at all times in your account

Check your accounts again

[z4ydi]

Thank you guys for your information and help. I have messaged Mr Batley and am awaiting his response. Actually i am sure that they have made a mistake but my main concern is the time taken in each process. According to the ukvacpk.com, the website states that for an appeal:

1. The court takes upto 9 mths for a settlement visa
2. The time taken to send this decision to UK Border Agency is 1 - 2 months
3. The visa granting time by UK border agency is 2 mths.

This is a total of 1 year which is a lot of time. where as the Admin review, as given on the website takes 28 days to revert back with their decision

Has any one actually appealed? and what was the time taken by them

Please help, i would rather post a fresh application, because they responded in 1 month, but again there is no gaurentee that they
will not object on some other grounds for a fresh application

Are you sure you had £533 in your account for the 3 months period. Even if you fell short of £1 for a day from the above amount, they could justify in refusing you

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

In my opinion its not about providing 3 months statement, its whether you had enough money in there for that period. So did you have above amount in at all times in your account

Check your accounts again

BatleyKhan: I never came across this threshold (£533) before submitting my wife’s app (Spouse Visa Application).
Just to clarify: Sponsor's Bank balance MUST not go below £533 for duration of 3 consecutive months prior to the application date, Is this what it means?
If so, then I am in a big dilemma because I submitted my application on 11/05/2010
and my balance from 19/04/2010 till 26/04/2010 drops to £429
then on the 27/04/2010 my salary was credited to my account and the balance raised to £2908 which was the final figure on the final statement submitted with the application. Baically my balance drops below £533 only for a period of 7 days and then goes back well over the threshold. Does this mean I am in trouble?? Inna Lillahi wa inna ilaihi raji'oon.
OR this threshold applies to a different category of visas NOT Spouse Visas?

[RHussain07]

Hi guys,

Need some advice as a bit worred...missed a call from UK Border Agency about three weeks ago, they have not called me back or my employer...Then chased them via email and got this...

Dear Sir/Madam,

Thank you for your email. I apologise for the delay in processing your application but further checks are required before we can make a decision on your application.

You can continue to monitor the progress of your application by checking our VAC’s website at:

www.ukvacpk.com

I apologise in advance for any inconvenience this may cause.

Regards

UK Visa Section
Correspondence Team.

I would appreciate some advice on what this means in Lehmans terms...p.s its been 7 weeks since I submitted my wife submitted her visa. Has anybody else got this kind of correspondence recently...very few people seem to be in same situation i.e missed call and never got callback..anyway see what happens.

Which email address did you write to? Can you share pls

[NAZIA786]

salaam brothers and sisiters... hubby has to collect passport on monday....he got call toaday... plz.plz. pray for me..... we submitted passport on 16/04/10 passport to be collected monday..?

[CRT7]

salaam

i checked the online tracker today, its been updated to collection of passport, my husband hasnt received call yet but ive asked him to call them..........please make dua for me..........

i'll let you know the outcome

[RHussain07]

salaam brothers and sisiters... hubby has to collect passport on monday....he got call toaday... plz.plz. pray for me..... we submitted passport on 16/04/10 passport to be collected monday..?

NAZIA786 - insha Allah you will receive the news you want. Its a nervous time and may Allah bless you and your partner.

Duas are with you.

[RHussain07]

salaam

i checked the online tracker today, its been updated to collection of passport, my husband hasnt received call yet but ive asked him to call them..........please make dua for me..........

i'll let you know the outcome

CRT7 - i think everyone on this forum wanted to see you write this. insha Allah, as per Nazia786, you will get the visa. You (and your husband) have shown remarkable patience to wait so long for this so may Allah bless you both for this.

Duas are with you

Delighted to see some movement on this front!!!

[asm]

Salaam to All Bro & Sis

Insha Allah BOTH NAZIA786 & CRT7 will receive fantastic news on Monday .

My thoughts are with you both...

[CRT7]

RHussain07..........didnt think i was ever going to see the day!!!!! Thanks for your kind words, Inshallah I will have good news to post on Monday....

[batleykhan]

Thank you guys for your information and help. I have messaged Mr Batley and am awaiting his response. Actually i am sure that they have made a mistake but my main concern is the time taken in each process. According to the ukvacpk.com, the website states that for an appeal:

1. The court takes upto 9 mths for a settlement visa
2. The time taken to send this decision to UK Border Agency is 1 - 2 months
3. The visa granting time by UK border agency is 2 mths.

This is a total of 1 year which is a lot of time. where as the Admin review, as given on the website takes 28 days to revert back with their decision

Has any one actually appealed? and what was the time taken by them

Please help, i would rather post a fresh application, because they responded in 1 month, but again there is no gaurentee that they
will not object on some other grounds for a fresh application

Are you sure you had £533 in your account for the 3 months period. Even if you fell short of £1 for a day from the above amount, they could justify in refusing you

(g) Unless the Relevant Points Based System Migrant is a Tier 1 (Investor) Migrant, there must be a sufficient level of funds available to the applicant, as set out in Appendix E.

In my opinion its not about providing 3 months statement, its whether you had enough money in there for that period. So did you have above amount in at all times in your account

Check your accounts again

BatleyKhan: I never came across this threshold (£533) before submitting my wife’s app (Spouse Visa Application).
Just to clarify: Sponsor's Bank balance MUST not go below £533 for duration of 3 consecutive months prior to the application date, Is this what it means?
If so, then I am in a big dilemma because I submitted my application on 11/05/2010
and my balance from 19/04/2010 till 26/04/2010 drops to £429
then on the 27/04/2010 my salary was credited to my account and the balance raised to £2908 which was the final figure on the final statement submitted with the application. Baically my balance drops below £533 only for a period of 7 days and then goes back well over the threshold. Does this mean I am in trouble?? Inna Lillahi wa inna ilaihi raji'oon.
OR this threshold applies to a different category of visas NOT Spouse Visas?

I think you are getting confused with the type of visas. Your spouse visa (settlement) is different to the above who is applying under PBS as a dependant wife of probally somehere on a work permit

[Fatima Jamal]

Mr. Batlay my husband had approximately 2,000 pounds on 15 Dec (from where the bank statement starts) and on 5th May he had an ending balance of above 5,000 pounds so it was never a question of balance falling short of 533 pounds.

I had applied for Post study work dependent visa

The refusal states clearly that:

"You application was made 17/05/2010 and you have submitted Barclays bank statements dating 13/02/2010 to 05/05/2010. Therefore I am satisfied that the funds have been held in account for less than three consecutive months. "

Although my husbands bank statement submitted were from 15th December to 5th May. and not from 13th February as stated in the refusal.

Please advice if i can go for admin review or appeal? which is faster

[joe_90]

Salaam All,

Just want to say good luck to CRT7 & Nazia786 and insallah you will hear good news on monday . I will pray for you, i know what you are going through.

on a plus note the processing times in Mirpur have improved.

joe

[navalaviator]

salaam

i checked the online tracker today, its been updated to collection of passport, my husband hasnt received call yet but ive asked him to call them..........please make dua for me..........

i'll let you know the outcome

Good Luck

[NAZIA786]

salaam brothers and sisiters... hubby has to collect passport on monday....he got call toaday... plz.plz. pray for me..... we submitted passport on 16/04/10 passport to be collected monday..?

NAZIA786 - insha Allah you will receive the news you want. Its a nervous time and may Allah bless you and your partner.

Duas are with you.

jzkallah, for your duas... and inshallah for those who also waiting inshallah...my thoughts and prayers are with you... inshallah hope we all get result which is in our favour... with a BEAUTIFUL STAMP ...so we a reunited with our partners very soon.. ameen