ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

How long might it take for an appeal to be reviewed?

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

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

Locked
IndyRhodes
Newly Registered
Posts: 29
Joined: Thu Mar 03, 2011 8:57 pm
Location: United Kingdom

How long might it take for an appeal to be reviewed?

Post by IndyRhodes » Fri Mar 04, 2011 3:21 pm

I married my wife in a Nikkah ceremony in Pakistan in July 2010. She is a Pakistani national and I am a UK citizen. She submitted her spouse visa application to Gerry's in Islamabad, and we waited for this to be processed.

We were completely shocked and astounded when her application was refused. The only reason given was that my wife's talaq nama (divorce certificate) was not stamped and lacked vital features. They claimed therefore that this was a fake document.

On appeal I thus asked my solicitor to write to the Chairman of the Union Council asking for verification that the document my wife submitted was genuine. The Chairman has provided a signed letter stating that the submitted certificate was genuine and legal under the Muslim Family Law Ordinance (it was not missing the stamp, but this was in Urdu not English) and that his office issued the document.

Why could UK Immigration not have found this out? It took one simple letter to prove that my wife's divorce (8 years ago) was correctly carried out - surely they could have telephoned to get this information? For £750 all my wife and I have had is trauma and terrible emotional stress. How can an anonymous individual in Croydon do this to us?

My question is...how long might it take before we know if our case is being reviewed? Is it possible to speed it up? Also, in the experience of those here, how likely is it that the ECO will admit that the initial decision was erroneous? We submitted the appeal on 11th January 2011.

Many thanks for any advice that you can give.

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

Post by batleykhan » Fri Mar 04, 2011 3:51 pm

Welcome to the real world my friend :wink:

The onus is you to prove everything in immigration matters.It is not their job to verify things such as the ones that you have been refused on.They need the slightest incline or doubt and they are within their rights to refuse it. This is what has happened to you and thousands before you and many more in the future.

The ECM will upon receipt of your appeal and the correct documents review it again. He may decide to overturn the decision, but then again he may still refuse it if he is not happy. This can take anything between 2- 6 months and I am afraid there is nothing you can do to hurry these guys. Like many others you will have to wait your turn.

If only things in life were a bit simpler :roll:

IndyRhodes
Newly Registered
Posts: 29
Joined: Thu Mar 03, 2011 8:57 pm
Location: United Kingdom

Thank you!

Post by IndyRhodes » Fri Mar 04, 2011 4:07 pm

Many thanks BatleyKhan...

I appreciate your reply, even though it does not make good reading

What more could my wife have been expected to do, other than give them the talaq nama that she had been given? If you have a document provided in a legal manner then surely you should expect others to honour it.

As to "the onus is on you" aspect...what is my fee for? It is hardly a nominal amount of money!

Here's to a long wait then....lol

Mk2010
Newly Registered
Posts: 27
Joined: Fri Dec 24, 2010 3:10 am
Location: London

Post by Mk2010 » Fri Mar 04, 2011 4:46 pm

To me, UKBA is acting as every apps credibility is questionable.

To me that sounds like to cut as many incoming as possible.

Now, this is the country that emphasise fundamental human rights and incorporated into all the UK laws.

What their are doing is a crime.. crime committed against humanitarian!
What an utterly nonsense?!

Fast and fair decision.. up their...

Locked