twonations wrote:twonations wrote:twonations wrote:Salams everyone, recieved txt for collection yestrday at 4 pm, was told to pick it up today at 2-3 pm. Went to gerrys isb. Visa refused. 123 days wait. My wife and i have been married 77 years, she and our 2 sons are British. And we have been living here in Pak ever since our marriage. I run a US call center and had submitted all the relevant docs along with a $40 k bank statement. Since we are all here had stated we will be living my brother in law in the UK initialy and then would move into our own place since we have enough fiunds.
The ECO stated the following observations for refusal:
1. No proof of tenancy for brother in law
2. $40k savings account shows no transactions
3. The funds shown are presumably not yours
He or she also states that based on these probabilities the visa is refused.
My wife and I are distressed, devastated, depressed, fatigued and clueless
They have given an appeal from and i have 28 days, I have sufficient company accounts and a relative ti show a tenancy contract who is also the landlord and can provide a letter stating ample of room for us to stay initially till we find our own.
How can the ECO assume that the funds are not ours when they checked my bank account which is my name. And its a personnal savings account??? How unethical and brutal
Brothers and sisters we are down and any suggestions on how to go about the appeal will be a great help, also does a judge hear the appeal, and should we expext something better from him/her.
May Allah have mercy upon us. Ameen
King,
I really appreciate the time you took out to jot down this detailed guide and a headsups.
As for the Funds, I had shown a personnal bank statement as they had asked for it, but I have sufficient Company Bank account statements to show the transactions...ample of proof..
As for the tenancy here are the problems:
My brother in law currently rents out a two bedroom apartment, which as per the 'adequate accommodation requirements' is not enough for us and our two sons below the age of 10
As we are both outside the UK, it really beats me how and why would they expect to satisfy this pre-condition when we havent even reached there and have not been issued a visa yet.
I mean how many relatives would one have who would have 2 rooms vacant for the next 6 months for us or for anyone for that matter.
Now since we have the funds and with additional company accounts shown would prove the it is MY money and funds, therefore when we get there we can rent a property
or Should my brother in law, rent out a 3 bedroom and send back a tenancy agreement, also showing the landlords permission for us to stay there when we get there after 6 months IF the appeal is successfull, the problem there is, neither my brother in law can afford the upkeep of the 3 bed house/apartment or we pay for it where we wont live for the the next 8 months and god knows if ever. There has to be some other way around this? Right?
What if my wife were to travel to the UK and rent an apartment within this week, since we have 25 days to go, attach the tenancy contract which would be on my brother in law and her name to the appeal with all the other financial proof and send it by post there? She can either take the kids with her or leave them here with me, in any case which would be ripping us apart, and wait for the appeal there, to show up in person if it ever gets to the court, would this ensure a better outcome? would this be the right thing to do, because sitting here in the limbo for another 8 months after the previous 6 months looks like a nightmare....kindly would appreciate you and all to suggest...would her representing our case make it stronger, since we applied in march and the appeal is considered part of the same on going process so therefore the 18600 earning precondition does not apply?
Or should we hire a lawyer, where at? and how? How would he or she be able to expedite the process and ensure a better judgement given the current ridiculous tenancy problem we we face?
This forum has been a great help to others, and I thank all in advance for all the support, King, your input certainly came as fresh air.
Looking forward to your suggestions
W/salam
22 days to go for appeal
We have decided to do an an online appeal this week, followed by sending the supporting documents as proof for:
1. A cousin's letter who owns a house and has 3 spare bedrooms to meet the adequate accomodation refusal point
2. My previous Company bank statements to show ample of earning as proof for the 'Savings account statement i had provided with the application" which they objected to doubting it to be my money. Its been there 9 months now anyways.
I have three Questions, and i would be very kind if someone can asnwer/advise
Q1. Is my cousins letter enough or will anyother documents from her be needed? that i should be attaching to the supporting documents?
Q2. Since we will be requesting for a an Oral Hearing instead of a paper hearing, I will be naming my wife as the representative, who I plan to send over if ever gets to court...would this be the right thing to do? Or make the case stronger?
Q3. Since we applied back in march, do the new rules apply on the appeal or is it considered as part of the ongoing process of the march application submitted, since as per the Old rules she needs not earn 22000 a year, which she cannot do anyways since we are both living outside the UK been married 7 years. She is British national so therefore can appear for the hearing in person?
Expert Advice will be greatly appreciated, I am on a critical stage and do not want to make any more mistakes on the appeal.
Best Wishes
Salam,
my case is quite similar to yours apart from a few things, i would like to advise from my own experience.
i also have been living back in Pakistan for the last six and half years, and also have 2 kids all family being British apart from myself but have myself lived and studied in the UK for over 6 years and all through the years that we have lived here we have visited the Uk for atleast twice every year as my inlaws reside there and have many friends and family there.
Now as you can see from my signature by the Grace of Alllah recieved the visa yesterday although with a glitch as they want me to take a Life in the Uk test once i am in the Uk and thus apply straight away for Indefinite, they overlooked the fact that i already have a pass certificate for the same which was submitted with the application. My solicitor in the Uk is dealing with the Embassy to get it resolved. Bottom line being though that visa has been granted.
The pont of telling you the background being so as to tell you of the similarities with our cases with both myself and the mrs being here in pak.
As far as your accommodation factor, what i was advised from my solicitor was to get in touch with estate agents in the area where i want and ask them for your requirements and the time when you are plannin to move, they will start sending you details of appropriate properties. All such correspondence should be submitted with the application, thus showing the ECM that is what you plan to do once you land. i could have submitted a letter from my father or brother in law to stay with them, but the solicitor advised that you would need to show a council certificate and property documents to show that there is vacant space. Also being a family with 2kids you need two bedrooms excluding the lounge.
As far as your funds are concerned you need to show where the funds have come from with all reciepts and deposit slips, cheques copies ( obviously this being in the case that funds are coming all of a sudden for example sale of car or gift etc), if it is from your company in the shape of salary, commissions or bonuses this should be shown with the due pay/commission/bonus slips. Also to be included should be your tax certificates for each year.
Basically all money being deposited into your accounts should be accounted for, ECM should be able to track all money coming in.
Your third point of refusal is related to the second. if you can satisfy these points i dod not think that it would go to court and you would not need to send your wife.
Everything needs to be explained in detail in a cover letter so as the ECM to understand all such transacations.
Also as you are appealing the same regulations are applicable to yourself as when you applied thus no need to worry bout the minium wage requirement.
Hope some of this can be of help to yourselves, do feel free to pm me for any other questions.