My wife appeal status

[zubair_hr]

Hi, I applied for my wife settlement visa (UK), which was refused as english test report was not attached and we were given full right of appeal. I submitted the test report with the appeal form and lodged it through my solicitor to the First tribunal court, we were given 19 weeks review period which expired on 7th March. Now we have received Court hearing date on 29th May, 2012.

We haven't had any response from British High commission in Pakistan regarding the outcome of review on the application

Please can you advise, Can we still expect that the decision can be over turned by BHC? or it is now going straight to court hearing?

Also, Is there any fee for lodging appeal against refusal of the application.

Thank you

[Lucapooka]

Did she pass the test and simply not include the certificate; or did she take the test after the refusal and then send the certificate to the appeal?

The ECM review can take 8 - 10 weeks and then, if upheld, the case goes to the FTT. You have a date court already so one must assume your ECM review has been and gone.

[zubair_hr]

Did she pass the test and simply not include the certificate; or did she take the test after the refusal and then send the certificate to the appeal?

The ECM review can take 8 - 10 weeks and then, if upheld, the case goes to the FTT. You have a date court already so one must assume your ECM review has been and gone.

Thank you Lucapooka for your prompt response.

Well, my wife had attached the certificate but that certificate did not mention where the test was taken as it was issued from Cambridge ESOL. Therefore ECO was not satisfied that the test was taken from an approved centre. Also that certificate did not mention the marks achieved in each component i.e Speaking, Reading, Writing and Listening.

After refusal, we got that test report from institute and submitted it with Appeal form. It seems pretty straight forward case but not sure why there has been so long delay.

I also checked with First tribunal service, they mentioned that they have not had any response from BHC on the appeal review.

Please can you advise, what happens after court hearing. Does judge decide the same day of hearing OR otherwise .

Also how long does it normally take to get the visa stamped on the passport.

Appreciate you support.

[syma]

Hi, I applied for my wife settlement visa (UK), which was refused as english test report was not attached and we were given full right of appeal. I submitted the test report with the appeal form and lodged it through my solicitor to the First tribunal court, we were given 19 weeks review period which expired on 7th March. Now we have received Court hearing date on 29th May, 2012.

We haven't had any response from British High commission in Pakistan regarding the outcome of review on the application

Please can you advise, Can we still expect that the decision can be over turned by BHC? or it is now going straight to court hearing?

Also, Is there any fee for lodging appeal against refusal of the application.

Thank you

Hi,

i have come across couple of ppl here whose decisions were overturned after the deadline for ECM had passed, but that happened with in a month of passing the deadline. its been couple of months since ur deadline has passed i think your's is going to court now. its jus 3 or so weeks hopefully Inshallah it'll get overturned in the court.

the fee u paid when submitting the appeal covers the court hearing, the only difference is if u opted for paper appeal u/sponsor wont be called to the court. so u opted for paper appeal or oral one??

[zubair_hr]

Hi, I applied for my wife settlement visa (UK), which was refused as english test report was not attached and we were given full right of appeal. I submitted the test report with the appeal form and lodged it through my solicitor to the First tribunal court, we were given 19 weeks review period which expired on 7th March. Now we have received Court hearing date on 29th May, 2012.

We haven't had any response from British High commission in Pakistan regarding the outcome of review on the application

Please can you advise, Can we still expect that the decision can be over turned by BHC? or it is now going straight to court hearing?

Also, Is there any fee for lodging appeal against refusal of the application.

Thank you

Hi,

i have come across couple of ppl here whose decisions were overturned after the deadline for ECM had passed, but that happened with in a month of passing the deadline. its been couple of months since ur deadline has passed i think your's is going to court now. its jus 3 or so weeks hopefully Inshallah it'll get overturned in the court.

the fee u paid when submitting the appeal covers the court hearing, the only difference is if u opted for paper appeal u/sponsor wont be called to the court. so u opted for paper appeal or oral one??

Thankx Syma for your thoughts and best wishes.

I have checked with my solicitor, he has opted for 'Oral Hearing' we both be going to that on 29th May.

Do you have any idea how long the hearing session last?

Also, sorry for asking again, how long does it take after judge has taken the decision. I have heard it takes up to 3 months or so for visa to get stamped on Passport. Any advice that you would like to give regarding court hearing.Appreciate your thoughts on this.

[batleykhan]

Court hearing can take anything from 10 minutes to two hours depending on the complexity of case. There is a good chance that an appeal can be withdrawn on day of hearing.

Yes it can take up to 3 months after hearing to getting visa stamped in Pakistan

[daisy22]

hi were pretty much in the same situation, we placed our appeal on the 27th feb and have been told by appeal they have until the 31st august to overturn the decision before it goes to hearing. This is a very long time does anybody know if this is the correct timescale. How long does the issuing visa centre have to overturn a decision before it goes to a hearing. as the months we were told seems far too long

[zubair_hr]

hi were pretty much in the same situation, we placed our appeal on the 27th feb and have been told by appeal they have until the 31st august to overturn the decision before it goes to hearing. This is a very long time does anybody know if this is the correct timescale. How long does the issuing visa centre have to overturn a decision before it goes to a hearing. as the months we were told seems far too long

There is 19 weeks review period for ECM to overturn the decion if it doesnt happen.AIT will forward ur case for listing in court that will take another 12 weeks time after ur review period expires. Decion cn b overturned in dis period as well. If not den if it is over turned on hearing day.this will take up to 12 more weks fo visa to be stamped. They are just unnecessay delays.in other word they play with our feelings n emotions. I cn only wish u gud luck.

[syma]

hi were pretty much in the same situation, we placed our appeal on the 27th feb and have been told by appeal they have until the 31st august to overturn the decision before it goes to hearing. This is a very long time does anybody know if this is the correct timescale. How long does the issuing visa centre have to overturn a decision before it goes to a hearing. as the months we were told seems far too long

Hi,
do u mind tellin me where did u apply from for the visa??
and what was the post?

i was recently told by AIT that 19 weeks are given to ECM but in your case it looks like 26 and some els i have come across who lodged the appeal in beginin of frb it was 22 wks...this is soooo not looking good:( m suppose to get my acknowledement letter this week.

[daisy22]

hi our original application was made in egypt in november, we then sent our appeal to leicester on the 27thof march and payment taken the 1st of march, but the didnt send our appeal to cairo until the 20th of april, but it states on the ukba that they have 28 days to send appeal back to post then post has 90 days to send back if decision is not overturned, we have had no acknowledgment letters or anything, and everytime we call we are told a different date from august to october .........but from what i can see most cases are resolved in 4-5 months so i can only pray ours is too

[syma]

hi our original application was made in egypt in november, we then sent our appeal to leicester on the 27thof march and payment taken the 1st of march, but the didnt send our appeal to cairo until the 20th of april, but it states on the ukba that they have 28 days to send appeal back to post then post has 90 days to send back if decision is not overturned, we have had no acknowledgment letters or anything, and everytime we call we are told a different date from august to october .........but from what i can see most cases are resolved in 4-5 months so i can only pray ours is too

u should call AIT and ask them what deadline has been given to the ECM , they HAVE to give and excat date. which number have u been calling??

[daisy22]

hi we been calling the leicester number 03001231711 number....my husband will call again today and try getting an exact date as the ukba says one thing and when u call they say another its quite distressing this has gone on since november our original decision

[aaaaaa123]

@Zubair_HR did ur solicitor also write a letter wid ur appeal or did u just send off the evidence.

[zubair_hr]

@Zubair_HR did ur solicitor also write a letter wid ur appeal or did u just send off the evidence.

Ye he did write the letter with appeal which stated the grounds of appeal and also the evidence was attached with the letter. But my solicitor has not received document bundle from PAK embassy as yet and court hearing is on 29th May.

Does any one know the estimated time of receiving the document bundle?

[daisy22]

hey guys how your appeals going any good news ?? ....our appeal has been in since the 27th of february and still havent heard anything not even an acknowledgement letter it will be 14 weeks this week were hoping to hear something nxt month good news hopefully i just want this nightmare to end, surely they should og fot intouch with us by now

[syma]

Ok this is really strange, u need to call AIT and ask what's happened to ur notice of appeal. I called today its been nearly 8wks for me and they said I'll get it in next 2-4wks.

[daisy22]

hi syma, they told us that they sent a letter to my husband in egypt on the 20th of april but he has received nothing, so i requested the letter to be sent to england again as egypt post is unreliable, our appeal was received by ait on the 27th of feb and payment cleared on the 1st march, they state that they didnt send it away to egypt till the 22nd of april then they have 19 weeks to overturn to decision, which they said the deadline is 31st august ........yet the website says they must send it away within 28 days of receipt and then post has 12 weeks to overturn decision and sent bundle back to london if not overturned.........im confused and annoyed now nobody gives you a straight answer but from what i can see most people get visa in 4-5 month so im just hoping and praying , its an awful position to be in away from a loved one

[geriatrix]

Today I had court hearing for my wife 'spouse visa' and mashallah so pleased that the judge allowed the appeal instantly .

Judge said that the letter will be sent to my solicitor. Can I get an advice on what happens next.

Is there any way to accelerate the process as I have heard that it takes up to 3 months to get visa stamped. I would really appreciate your opinion / thoughts on this.

[daisy22]

thats great news for you congratulations how long has it taken the appeal altogether im into the 14th week of waiting

[zubair_hr]

thats great news for you congratulations how long has it taken the appeal altogether im into the 14th week of waiting

Hi daisy,

Thank you, it has been a very long waiting period

I had lodged the appeal at AIT on 26th October 11, and was given 19 weeks review period. But did not hear any response from BHC (Islamabad), AIT then gave the hearing date for 29th May.

If you don't want to wait anymore, you can always submit a fresh application and don't need to withdraw your appeal. If your decision is overturned by appeal then you new application will be forfeited. If your new application is successful then your appeal will be withdrawn automatically.

Its entirely up to you, it just that you'll have to pay another £800+ for the new application. But will advise you to speak to some solicitor about the supporting docs. Would you be required to submit a new set or BHC will accept the previous one.

Wish you best of luck.

zubair

[angie36]

@ zubair_hr

my husbands settlement visa was refused for the same reason, he also took his test through the Cambridge ESOL
I have printed off the statement of results from the website listing how the A1 test was obtained.
Did you obtain any letter from the test centre to say your wife attended that particular centre, as all the certifcate and the statement of results only says in India, but not the name of the test centre.

many thanks

[zubair_hr]

@ zubair_hr

my husbands settlement visa was refused for the same reason, he also took his test through the Cambridge ESOL
I have printed off the statement of results from the website listing how the A1 test was obtained.
Did you obtain any letter from the test centre to say your wife attended that particular centre, as all the certifcate and the statement of results only says in India, but not the name of the test centre.

many thanks

hey,

My wife was given the 'certificate' but the detailed 'test report' was not given by the institute which is required as it tells you the percentage achieved in all four components i.e. reading, writing, listening and speaking. Also it mentions the name of institute where test was taken.

Can you tell me the name of 'test' that your husband had taken?

[angie36]

He took the key english test, I have the statement of results in front of me, and it doesn't say where the test was taken, apart from place of entry which say Indian, plus it has just the candidates profile which say if the speaking was good etc, no percentage. Do you think we need to obtain more paperwork from the test centre.

[zubair_hr]

He took the key english test, I have the statement of results in front of me, and it doesn't say where the test was taken, apart from place of entry which say Indian, plus it has just the candidates profile which say if the speaking was good etc, no percentage. Do you think we need to obtain more paperwork from the test centre.

My wife did not take 'KET' test, she did 'BULATS' online test. Have a look at the below link and look for the column "Documents required with application"

This is what you needed to attach with your application with the English test.

http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf


If you have satisfied these conditions then I don't think there is any need of showing test centre name. what are the grounds on which the visa was refused? What did the ECO mention on the refusal letter?

Have you lodged the appeal against the refusal?

[daisy22]

hi our appeals been in 16 weeks and we just received the acknowledgement letter yesterday to say the ecm has until the 31st august to overturn the decision so basically we have another 10 weeks this is awful im hoping its resolved before then as i cant bear being apart from my husband ......hows things for you guys any body have any good news ??