wife visa got rejected

sheraz_aries · Post by **sheraz_aries** » Tue Feb 01, 2011 10:39 am

i am on tier 1 general visa and i applied for my wife as dependant from karachi - pakistan. It got rejected on the basis of mariage certificate.. Any idea what to do next as there is right to appeal. Where the appeal would be done ? and they did not rturn the marriage certificate either.

Any help would be really appliciated.

Thanks

Post by **vinny** » Tue Feb 01, 2011 11:00 am

Appeals are held in the UK.

sheraz_aries · Post by **sheraz_aries** » Tue Feb 01, 2011 11:21 am

Guys because my application was made in Pakistan and now i will be appealing from UK ...Do i need to get all the document from pakistan when i filled my application.
secondaly what to do with the marriage certificate as it was not return by the embassy?

chosenaik · Post by **chosenaik** » Tue Feb 01, 2011 11:48 am

Hi Im just in the process of submitting my wife's documents...I too am in the Uk and my wife's in Pakistan.

You have to submit the ORIGINAL English Version of the Form 2 Nikahnama (this is what I'm submitting)

OR

if you are getting a transaltion, it has to be from a translation firm and their contact details need to be provided. I think it also has to be attested to ba a "True Copy".

Had you complied with the above? I am a bit nervous, as if you did, then I am unsure why the application was rejected.

missri · Post by **missri** » Tue Feb 01, 2011 11:55 am

You would not be able to get any meaningful and relevant advice about your case unless you provide complete information.
Could you please write the exact wording from the refusal letter. Why it had been rejected on the basis of marriage certificate? Because it is not common thing for PBS dependent application(might happen in spouse settlement cases). If you could write about marriage certificate as well, it will help to understand your case.

sheraz_aries · Post by **sheraz_aries** » Tue Feb 01, 2011 1:01 pm

it says :
in support of your application you have submitted an islamic marriage certificate; however checks made by this office shows that this document is not genuine, as faisified or non genuine document has been submitted in relation to your application , it is refused under paragrapf 320(7A) of the immigration rules. As your application has been refused under 320(7A) it is also hereby refused under paragrapf 319C(a) of the immigration rules.

chosenaik · Post by **chosenaik** » Tue Feb 01, 2011 1:26 pm

The official Nikahnama issued by the Pakistan government is called "Form 2".

Is this what you submitted and what is it the ORIGINAL?

If yes, then I think it has been wrongly declined as this IS the official mariage certificate. In this case you have a strong case for appeal.

sheraz_aries · Post by **sheraz_aries** » Tue Feb 01, 2011 2:17 pm

Mine was in English already so no need for translation....and i sent them the original one but they have not returned it back to us.

chosenaik · Post by **chosenaik** » Tue Feb 01, 2011 2:22 pm

I will hope that any one else can throw light on this...any moderator maybe?

If the UKBA are no longer accepting "Form 2" : "Form of Nikah Nama As Prescribed By Rules 8 and 10 Of The Rules Under The Muslim Family Law Ordinance 1961" then its quite worrying as I do not know what other marriage certificate to provide...??

I am hoping some one can throw light on this...?

Many thanks

missri · Post by **missri** » Tue Feb 01, 2011 3:27 pm

Well, it is not the question here in sheraz's case whether ukba is accepting the English version of nikkah Nama or Urdu version with certified translation. It is a serious allegation from the entry clearance officer stating that the document submitted is false/fake (he is not saying that ukba does not accept nikkah Nama as proof) and this leads to automatic ban of 10 years. If he had not accepted your nikkah Nama as a required evidence doc than it would have been a simple refusal with right to appeal (and not a refusal under 370). He has done so on the basis of checks.
Now you have to prove in your appeal that your doc was genuine.

sheraz_aries · Post by **sheraz_aries** » Tue Feb 01, 2011 4:25 pm

missri wrote:Well, it is not the question here in sheraz's case whether ukba is accepting the English version of nikkah Nama or Urdu version with certified translation. It is a serious allegation from the entry clearance officer stating that the document submitted is false/fake (he is not saying that ukba does not accept nikkah Nama as proof) and this leads to automatic ban of 10 years. If he had not accepted your nikkah Nama as a required evidence doc than it would have been a simple refusal with right to appeal (and not a refusal under 370). He has done so on the basis of checks.
Now you have to prove in your appeal that your doc was genuine.

But thats the question how can i prove it now?

missri · Post by **missri** » Tue Feb 01, 2011 5:15 pm

You need to give input regarding whatever doc you submitted.
I presume your document was genuine, but u have to think why it was not verified or declared as falsified doc (as I mentioned it is quite unusual for your category of appl). Where did you register your marriage? Did the nikkah registrar made entry into his register?

Any way you do not any choice here. You have to prepare your case quickly. You are in UK so go for in person hearing option as u ll be able to follow it. It is going to be a long process but you will win because in the appeal tribunal you can prove your relationship. Gather all the evidence you have, like your visit stamp to Pakistan for nikkah, pictures, emails, phone contact, money transfer etc.

Where is the second copy of your nikkah Nama (I know BHC has not returned your submitted one).

sheraz_aries · Post by **sheraz_aries** » Tue Feb 01, 2011 5:29 pm

missri wrote:You need to give input regarding whatever doc you submitted.
I presume your document was genuine, but u have to think why it was not verified or declared as falsified doc (as I mentioned it is quite unusual for your category of appl). Where did you register your marriage? Did the nikkah registrar made entry into his register?

Any way you do not any choice here. You have to prepare your case quickly. You are in UK so go for in person hearing option as u ll be able to follow it. It is going to be a long process but you will win because in the appeal tribunal you can prove your relationship. Gather all the evidence you have, like your visit stamp to Pakistan for nikkah, pictures, emails, phone contact, money transfer etc.

Where is the second copy of your nikkah Nama (I know BHC has not returned your submitted one).

i got the second copy with me and my nikah nama was registered at rigisteral apart from from that i also registered in foreign office. Regarding appealing i will be in Uk as this is the only option i can see.

missri · Post by **missri** » Tue Feb 01, 2011 5:38 pm

Good luck sir.

drmastoi · Post by **drmastoi** » Tue Feb 01, 2011 5:46 pm

hi
I submitted Original Form in Urdu and translated notarized copy in English with marriage photo graphs.No problems.
UKBA do accept normal Nikahnama and translation
you need to see where it went wrong for you. why it is considered false.
I think they wont return document they think is not genuine.

good luck

aliq09 · Post by **aliq09** » Tue Feb 01, 2011 8:00 pm

sheraz_aries wrote:i am on tier 1 general visa and i applied for my wife as dependant from karachi - pakistan. It got rejected on the basis of mariage certificate.. Any idea what to do next as there is right to appeal. Where the appeal would be done ? and they did not rturn the marriage certificate either.

Any help would be really appliciated.

Thanks

Hi ,

Really sorry to hear that and i am really hopeful things will be ok! for you ... Have you submitted the original "NADRA" issued Nikah Nama ... ?? if yes than go ahead and appeal that my case is wrong. If you have submitted the old Nikah Nanama than have you verified it ( english copy) how long your nikah in place and do you have any children please narrate your answers really carefully ...

Thanks

sheraz_aries · Post by **sheraz_aries** » Tue Feb 01, 2011 9:14 pm

Yes i submitted my English Nikah nama, and it was in english already so no need of translation. And its almost 1 year from Nikah. What you mean my verify? I registered it in Foreign office.

Please explain what you mean by verify here??

intelinside · Post by **intelinside** » Wed Feb 02, 2011 3:54 pm

This is indeed very unfortunate that Sheraz got this refusal.

I supplied the same documents for my wife March last year and got the visa approved.

However, I am sure if he appeals in the court, the verdict will be in his favour.

innocentdevil · Post by **innocentdevil** » Wed Feb 02, 2011 5:15 pm

that is a difficult and worrying situation 'cuz I will be applying for my wife's visa in may. Apart from Nikah nama, did you provide other evidences like marraige photos, videos and things like that.

I don't understand, so If I get married back in Pakistan do I have to register over here as well.

This needs properly explaining.

sheraz_aries · Post by **sheraz_aries** » Thu Aug 04, 2011 1:41 pm

Just to let you guys know i won the appeal.

sheraz_aries · Post by **sheraz_aries** » Thu Sep 15, 2011 6:25 pm

My wife's entry clearance application was rejected from Pakistan, later on we won the appeal held in UK.
Although we have received the decision letter but still waiting for the letter to submit passport and Pics.

Appeal won date was 29th July 2011. Any idea why its getting late and anything that can be done to speed up the process?

Thanks

askhan · Post by **askhan** » Thu Sep 15, 2011 10:26 pm

it does take time, normally from 2 to 12 months unfortunately, you cant control this.

sheraz_aries · Post by **sheraz_aries** » Thu Sep 15, 2011 10:27 pm

askhan wrote:it does take time, normally from 2 to 12 months unfortunately, you cant control this.

2-12 months after winning the case?

sheraz_aries · Post by **sheraz_aries** » Mon Sep 19, 2011 1:16 pm

Could somebody comfirm the timeline please? and Is it possible to email them to find the ccurrent status?

sheraz_aries · Post by **sheraz_aries** » Thu Sep 22, 2011 9:28 am

Hi guys
We have received the letter from dubai embassy for passport submission.

In the letter they have mentioned that:

When you attend the Gerry's International Visa Application Centre, please bring with you:
Â
Â§Â This letter. Your passport will not be accepted at the UK Visa Application Centre if you fail to present this letter.
Â§Â Your passport and the passport(s) of any member of your family if mentioned above. The passport(s) should have at least six months validity.
Â§Â 2 recent passport size photograph taken against white back ground.
Â§Â Passport copy of the sponsor showing current Immigration status.
Â§Â Copy of valid TB certificate.

Although in the above mention list they have not mentioned that the main applicant should have atleast six months visa to be apply for dependant visa, but I did hear some where that main applicant should have six months visa to apply for a dependant visa application.

Here I would also like to mention that at the time, the entry clearence application was filled, main applicant had 18 months visa, and its all get delayed because of wrong decission taken by entry clearence officer, that was proven wrong by immigration judge.

Any replies would be really appreciated.

Thanks

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