Applying for spouse visa

[Bangbang]

4 Months Payslip
Savings for the past 4 months = 0 , 1000, 2500, 1500
Living in a 4 bedroom house, Me my mother and brother since January.
Letter from Landlord Plus Contract.
Letter From Employee Stating My earnings with commission = 30-35000£
Proof Of contact = Phone Bills from the wife, Emails, Pictures, Western Union(money I have Sent Her)
A letter from a Haire saloon confirming my wife has a job when she gets here
Nikah namah= We have 2. The first Nikah was done last yr via skype , but since I am not sure if they will accept that I will sign another 1 when I go to apply.
We have pictures of us 2 together
Letter from my lawyer, doctore, family
Letter from a LORD in my borough in London who has visited and inspected the property.

This is everything I have.

Is this sufficient to apply? I will be going pakistan myself and applying sometime in the next 2 weeks?

Please shed some light on my case

Thank you very much!!!!

[Casa]

English language test result?
Nikah namah= We have 2. The first Nikah was done last yr via skype , but since I am not sure if they will accept that I will sign another 1 when I go to apply.
Is your marriage legally registered?

[Bangbang]

Yes we have the IELTS and tb test

How do you legaly register a marriage?

will i do this in pakistan or in uk also?

[Lucapooka]

How do you legaly register a marriage?

That depends on the country where you married. Seek relevant information in that location, or maybe ask your Lord friend!

[harv]

I wish to have the LORD visit our home one day

[Bangbang]

I thought this forum was for asking questions and giving appropriate answers, So I far I have recieved 0 concrete answers, mostly cheeky comments?.
This is a very serious issue for me and I have come here with hopes of gaining knowledge so I can present a strong case and hopefully see my wife real soon. Moderators, whats going on?

[Greenie]

I thought this forum was for asking questions and giving appropriate answers, So I far I have recieved 0 concrete answers, mostly cheeky comments?.
This is a very serious issue for me and I have come here with hopes of gaining knowledge so I can present a strong case and hopefully see my wife real soon. Moderators, whats going on?

which comment is 'cheeky' exactly? Both Lucapooka and Casa have replied giving you relevent information and asking for further clarification on your circumstances. If you want you can pay a solicitor or immigration advisor to advise you on your application. The answers you get here are for free.

[harv]

I thought this forum was for asking questions and giving appropriate answers, So I far I have recieved 0 concrete answers, mostly cheeky comments?.
This is a very serious issue for me and I have come here with hopes of gaining knowledge so I can present a strong case and hopefully see my wife real soon. Moderators, whats going on?

Apologies if my comments offended you, I did not post with wrong intentions.

Hope you get your queries resolved.

[geriatrix]

Hi All,

My only question is due to family pressure, religion and certain circumstances my father in law was very pushy for my nikah to be done after engagement before he allowed me to speak to my now wife.

As I was in work and not able to fly over we checked with a few scholars who said that we are able to perform the nikah over the telephone whilst recording it on skype with two witnesses present
along with a wali who will be the elder of the family.

So we had like a 100 relatives come over to my in laws house and a few here in my house in uk and we performed the nikah.

Since then my wife has had her passport and id card on my name bank account also.

I am flying over next month to apply for the spouse visa.

My concern is is this form of marraige valid?

If yes great

If no, its not hard to go and sign a new nikah this is permissible, if i do this shall I write in my application about the previous nikah
or shall I just tell her to apply for a fresh passport id card and act like its all new.


All help is very much appreciated

Thanking you all in advance

Bless you

[batleykhan]

Hope this answers your query.

It looks as though you will have to perform nikkah again before your marriage and use that date and marriage certificate as your official date of marriage

SET3.17 Marriage by telephone


A telephone marriage is one where the exchange of vows or other marriage contract takes place over the telephone.

In order to determine the validity of the marriage under the law of England and Wales, or Scotland, or Northern Ireland, please refer to the three questions set out in SET14 Polygamous or potentially polygamous marriages for assessing the validity of a marriage, and the additional points below:

A telephone marriage celebrated whilst one of the parties is in the UK is not valid. This is because telephone marriages are not valid in the UK.
A telephone marriage, where the UK-based sponsor was overseas and both parties to the telephone marriage were in countries where a telephone marriage is recognised, may be valid. For cultures where marriage consists of an offer made by a man and accepted by a woman, the marriage is considered as taking place in the country where the woman is. If the woman is resident in the UK then a telephone marriage is not valid. If the woman is resident in a country where telephone marriages are valid then a telephone marriage may be valid.

One of the Immigration Rules' requirements which is particularly relevant in the case of an applicant who has undergone a telephone marriage is the requirement that the parties to the marriage have met.

[geriatrix]

Dear All,

I hope there is a member of the forum who has experience in Pakistan as I am in a situation which I need help with.

I have posted on this forum a few times before, I have applied for a spouse visa for my wife on 26th July 2012.

My Nikah was done through "proxy" on 10th September 2011 and my ruksati(ceremony) is taking place in Pakistan next month.

We are hoping for the best but preparing for the worst so my question is, if the visa is denied on grounds of not accepting proxy marriage then will the ceremony be enough to change the decision?

We have been told that it is not possible to withdraw the nikah nama as it is registered with the union council nadra etc, niether is it possible to place a new nikah nama on top of this (which doesnt make sense anyway).

So keeping the above in mind I am hoping someone will be able to guide me in the right direction or atleast share there views.

All help is very much appreciated.

Thanks

Best Regards

[geriatrix]

Rukhsati / party / celebration is irrelevant, IMHO, as it merely denotes one event (of the many) during a "marriage process" - and in this case it is happening more than a year after the marriage (which is not recognized in UK). But this doesn't mean (under Pakistani law) that you were not married before the date of rukhsati or , under UK law, as "date of marriage" or evidence that adds weight to the legality of the marriage.


Had the two of you met before the telephone / skype marriage?
Name the countries where the two of you were physically present at the time of this skype / phone marriage. Mention specifically who (husband, wife, sponsor) was where (country).

[Bangbang]

Hello,

Thanks for responding.

I understand, this makes sense, however, as they ask for pictures of the ceremony, videos etc. I would have assumed this would add weight to my application.

Rather than being noted as a telephone/skype marriage, this is a proxy marriage which I think is different to a telephone marriage and has different laws regarding.

Yes we had met and we have proof (pictures, visa stamp on passport) we have also been in contact prior to this and have proof (phone bill, emails etc.)

The problem is, I have stated already, we cannot withdraw the Nikah from the NADRA system or Union council, it is already registered and I had it attested from the ministry of foreign affairs before I submitted it.

I am wondering that if my case is refused on the ground of a proxy nikah, then there is no way out because there is no way we can perform the nikah again.

Regards

[harv]

I am wondering that if my case is refused on the ground of a proxy nikah, then there is no way out because there is no way we can perform the nikah again.

You are not understanding the process correctly.

Although to get a clear positive outcome from ECO on your initial application it is wise to provide all the evidence as required with additional material i.e. pictures of ceremonies etc.

You simply cannot provide if this has not happened during your marriage. If your marriage has been lawfully registered in Pakistan and the Pakistan government accepts the marriage as legal which it does because the foreign ministry has also attested it. You should be fine.

Although there is no guarantee of the positive outcome, but be assured that in case of a refusal you will be definitely in a position to get it overturned when in front of a judge.

You need to worry about this if you are not telling the truth.

Hope this helps.

[Casa]

You haven't answered sushdmehta's questions. Did you meet before the proxy marriage? If not, this internal guidance for use by UKBA entry clearance staff applies:
One of the Immigration Rules' requirements which is particularly relevant in the case of an applicant who has undergone a proxy marriage is the requirement that the parties have met.

[Bangbang]

Harv, Thanks for the positive reply.

I have a clearer understanding and yes I am telling the truth, I have stamps from the foreign ministry on the nikah nama and on the letter from the union council.

The ceremony/pictures from the ceremony should add to my proof if (hopefully not) I have to be infront of the judge.

Casa, thanks for responding.

I did answer this question, the answer was YES we have met and we provided pictures of the meeting and showed the stamp on my passport as proof.

Regards

[geriatrix]

Nikah namah= We have 2. The first Nikah was done last yr via skype , but since I am not sure if they will accept that I will sign another 1 when I go to apply.

we checked with a few scholars who said that we are able to perform the nikah over the telephone whilst recording it on skype with two witnesses present along with a wali who will be the elder of the family.

What is:
Marriage by telephone
Marriage by proxy

[Bangbang]

Hey

Sorry I posted that a long time ago.

It was a proxy marriage, but as there was a ceremony I was present via skype.

So we did not exchange vows over the telephone but we had a proxy step in for me (an elder of the family).

Thanks

Regards

[Bangbang]

Hello all,

I have noticed a trend.

Those spouses who get the visa usually get it within 4-6 weeks of applying.

Those who are refused get the refusal after 4-5 months.

Is this the trend that everybody is noticing?

Is it worth saying that if your application has been pending for more than 3 months than its most likely to be a refusal?

Regards.

[geriatrix]

Dear All,

Today we have went to collect the passport and my wife has received the visa.

I would like to say thanks to Harv and who ever else has helped me along the way.

Date of submission: 26/07/12
Application processed: 08/08/2012
Ready for collection: 23/10/2012
Collected:24/10/2012 - APPROVED

In the end I would like to wish the very best to everyone who has applied from all over the world, keep in mind GOD IS GREAT!

Thanks

Regards

[jalebi]

You got your visa in 3 months???

Wow. MashAllah and congratulations.

I guess that letter from your Lord worked wonders lol

[harv]

You got your visa in 3 months???

Wow. MashAllah and congratulations.

I guess that letter from your Lord worked wonders lol

Don't tell me you have not enclosed this letter in your application? It's a must and looking at the outcome everyone should as well

[jalebi]

^
haha you could have told me before!