URGENT HELP/ADVISE NEEDED wife settlement visa refused

[shaz1980]

wife applied for settle ment visa on 26-feb-10 from karachi
my status in uk ILR (sponser)
reson given o f refusal (3207a)which is false repesentations have been made or false document have been submitted or material facts have not been disclosed


I have been working for a company since may09 for which i have the employment conTract, letter HEAD stating i have joined on may 09, payslips. wage is tranfered in my account by the company every month,the company has 2 address (the registerted address where i be and writing too address managings office)

wife applied for settlement visa,for which i(sponser) gave payslips,bank statement,reference letter from employers stating that im curruntly empoyled by this firm,on there firms letter head on the bottem of reference letter head registration number and registerd address of the company was mentioned.Contact number of sponser work my wife has put down writing to address in case eco wants to contact them for information and query and for sponsers work address on application form she has put down where i be which is also the registered address of the firm,amd the email address of sponser work place was personal email address of managing director

in mid march 2010 was going company in liqiudtaion and has been taken over by another firm also few new employee is also hired,i guess the eco called the on the numbers that were prodived on the application form, someone said he has not heard of the former company

eco stated

" I am not satified that your sponser is empolyed as claimed to be, eco also mentioned on the refusal letter that he also searched for the firm on the internet found the work address to be different to the one mentioned on application forms and email address provided on application form was personal email adress instead of company email documents my wife has provided in support of the settlement visa including bank statment payslips confirming sponsers empladdress which leads him to cast doubts on the authenticity and integrity of all supporting documents.in view eco is not staisfied that i(sponser) is employed therefore on the balance of probabilites eco is not satisfied sponsor is able to support you without public fund on this basis eco is not satifed that my wife meet requirement of paragraph 281(v) and my wifes application is refused under 320(7a) of immigration rules



Eco furthur stated that eco is satisfied that my wife meet the requirements of paragraph 281 of immigration rules expect (v)



please adicve me wat should i do appeal or apply again i have not been on any benifits in years i have suffient fund in saving account and this frim was in practice when my wife applied i dont know wat to do please help.....

[lubzy]

Hi, I don't know enough about this to help with your particular situation but there are some excellent moderators and contributors on this forum who will no doubt assist you.

I just want to say that if you do resubmit a fresh application, don't fall into the trap of thinking you only need to prove 281 (v). You will need to submit support for EVERYTHING including recent contact in the new application. I speak from personal experience when I say that ECO can refuse on entirely different grounds a second time, including where they previously state they are satisifed with all critera "except...". This apparently is just their way of saying we found something we didn't like so didn't bother reading any further!

[shaz1980]

even i made search on internet about the company its clearly coming under 1 address and other address as registered address i dont know wat to do....both the address was mentioned on the companys letter head!!! y eco y
moderators please come in please here help i only have 21st appeal wat will i need from this firm which form to fill is ait2 from and afit2 are same?

thanks

[shaz1980]

im blank please help

[shaz1980]

filed the appeal with all the evidence and fact internet searches on the 20th april

recived letter from first tier tribunal say the eco(the respondant)has to rply by 1st september...today on the 30 july my wife in pakistan recived the letter from ukba islamabad that,they have deicded to review the refusal and hand in the passport and tb test certificate at gerry call center

What is that suppose to mean....what should be done next...?please can somone let me know..has the eco everturn their deicision?

[batleykhan]

Yes it means , that the original refusal has been overturned on review and it means that she is going to get visa. She will need to hand her passport and TB certificate in to get visa stamped. Make sure TB is valid at time of handing passport in

[shaz1980]

thank you ...for ur reply

her tb test certificate has expired i guess cuz it was issued in febuary 5th

so i guess she has to make another appoinment for tb test certificate
other thing they have asked for at the time of handing the letter

1)this letter wat she recived frm ukba (got it)
2)her passport (got it)

3)intented date of travel and lenght of stay...>lenght of stay can she put down >>>Settlement<<< ?

4)passport copy of the sponsor showing currunt immigration status >>>>the copy of my passport she has in pakistan are not atested..does my the passport copy has to be atested of currunt date here in uk then sent to her to hand in with her passport or she can hand in the the one she has over there which are not attested

thank you

[batleykhan]

thank you ...for ur reply

her tb test certificate has expired i guess cuz it was issued in febuary 5th

Normally valid for 6months.If issued on 5/5/10 should expire on 5/8/10. so if you hand in before this it should be ok


so i guess she has to make another appoinment for tb test certificate
other thing they have asked for at the time of handing the letter

1)this letter wat she recived frm ukba (got it)
2)her passport (got it)

Yes take these two items in

3)intented date of travel and lenght of stay...>lenght of stay can she put down >>>Settlement<<< ?

All they want is a date she intends to travel. You can choose any date from now till next 3 months

4)passport copy of the sponsor showing currunt immigration status >>>>the copy of my passport she has in pakistan are not atested..does my the passport copy has to be atested of currunt date here in uk then sent to her to hand in with her passport or she can hand in the the one she has over there which are not attested

If they have requested this, it does not need to be certified

thank you

[shaz1980]

thank you balteykhan

N WAT about lenght of stay? that is mention with date of travel
she applied for settlement so can she put answer to lenght of stay permanent or settlement ?

i spoke to my solicitor aswell he said that pp copy has to be certified of currunt date otherwise they can raise an objection that photocopys could be old aswell if not certified...

what shall i do

thanks

[shaz1980]

n does anyone know how long can it take before she gets her passport back after she has handed in along with valid TB certificate at karachi pakistan..i mean stamping the passport after the review cant be that bad now can it?

[batleykhan]

3 weeks on average

[shaz1980]

im still abit confused we appealed the dicision on 20 april 10 thru ait... letter recived from ait apeal recivied letter dated 21 april 10 that the reponed has to reply by 1 sep 10 now as i mentioned earlier my wife recived a letter from ukba 30-7-10

we have recived your appeal and future supporting document in repect to recent entry clearnce refusal.in light to your new submissions it has been dicided that the refusal dicision should be reviewed..you should resumit your passport along with

1)this letter
2)your orignal pp
3)inteded date of travel
4)sponser pp copy
5)tb certificate

but ait has no idea about this wat so ever till todays date all they know the responed eco have to reply by the 1st of sep as i called them today with appeal ref no told them about the letter..ait said the letter does not mention visa will be issued so will not withdraw the appeal..ait is waiting to hear from ukba till the 1 sept

so where do we stand ?

is the case still will be reviewed and dicied at the later stage? or will she get the visa before we go to the court?is it still 50/50?

the only reason that she got refused was because of my last company that i use to work for got bankcrupt.. when we appealed we gave the details of my new employer and explained everything in more detail and my new employer recived the fone call fromhome office 2 weeks ago and confirmed everything about my employment

[NT1234]

UKBA will notify AIT when the visa has been issued to withdraw the appeal - they usually take some time to do this thats what i experienced. When my mum case was overturned even a week later AIT had no information on this, and after a few calls to AIT they still did not have any information from UKBA to withdraw the appeal - when i asked what this meant i was told that it does take some time for UKBA to write to them and let them know this latest development. However it will eventually be done, so hang on in there. You will even get a letter from AIT to this effect - i had not bother to chase AIT regarding withdrawing the appeal once my mum got the ILE visa (as i have been told it will be done automatically by UKBA) but i got a letter (both me and my mum) from AIT weeks later to say the appeal has been withdrawn. So it will be done, these people takes time to do things.

There is no doubt that the decision has been overturned, in light of the new information from your employer. But this came after you got a letter from AIT to say that UKBA has until septemeber to put their argument why they have kept to their decision - i had similar case. I was told that UKBA had up to the 26th of August to respond and like you got a letter/email from UKBA to say the decision has been reviewed. In your case this will no longer be needed that is 1st sept deadline as the decision will be overturned. You will probaly have your love ones with you even before this if your embassy is as quick as my one. Good luck

[shaz1980]

There is no doubt that the decision has been overturned, in light of the new information from your employer. But this came after you got a letter from AIT to say that UKBA has until septemeber to put their argument why they have kept to their decision - i had similar case. I was told that UKBA had up to the 26th of August to respond and like you got a letter/email from UKBA to say the decision has been reviewed. In your case this will no longer be needed that is 1st sept deadline as the decision will be overturned. You will probaly have your love ones with you even before this if your embassy is as quick as my one. Good luck[/quote]

letter came from ubka came after my wife recived the from ait in which they gave time till 1st sep to ukba to respond....now last week my wife recived letter from ukba to submit the pp,tb test,intented date of travel,sponsor pp copy...but it dosnt say "refusal has been reviewed"

my wifes letter "refusal decision should be reviewed" you should resumit your passport along with

1)this letter
2)your orignal pp
3)inteded date of travel
4)sponser pp copy
5)tb certificate

"should be and has been reviewed "does it mean the same? has it deicision been overurned?and is ukba giving her entry clearance?

[shaz1980]

please reply batleykhan..... any idea?

[batleykhan]

Just submit these documents to get the visa stamped in it. They will want to see a valid TB certificate as well as copy of sponsors passport and they will want to know a date that she will want to travel.

She can delay visit upto 3 months . If not then state date of travel will be asap after visa is issued.

I think you are worrying to much and not celebrating enough. Some of the people will give their right arm to be in your position now.

Relax man and start tidying your room now

[shaz1980]

thanks

[shaz1980]

she got tb test on 11th august and gerrys appoinment on 16 aug to summit the pp and other document

on the date of travel she she is thinking of putting 10sep before eid but she has got course finishing on 10 oct ..

question is even if she puts date of 10sep can she travel within 3month from the time visa is issued? and in the 2 year period of temopary leave how long is she allowed to stay out of the country in 1year?reading on this forum visa are now valid for 27 month wat is that supposse to mean?

thanks

[shaz1980]

3 weeks on average

can it take longer she handed in her passport on the 16 august havnt heard since than

[shaz1980]

we have recived a letter from tribunal stating the hearing date is on 29th oct copy of which has also been sent to the respondent(eco) ....but uk embassy has already asked for for my wifes passport in pakistan she has alreadyhanded in passport on the 16th sep along with other document required by uk embassy at gerrys

please can someone let us now wat should we do

[shaz1980]

please can some let me know how to go on abt it