Appeal Allowed Visa Stamped Timings - Pakistan

[zully]

Hi Zully. You can submit any new evidence that existed before your initial application to supplement your case. For example if you forgot to submit a certificate, which was dated before your original application date, you can submit it now for the HO rep to consider with your witness statement.

But you need to know why they have not overturned their decision yet. Whether they still have not looked at your case due to resource issues or have another solid reason for upholding their original refusal.

I have contacted mp as on the appeal date they have made the point that they have asked BHC for my bundle twice but no answer. They are lookinh into that for me....
ive been looking at my rejection and i don't think it is as simple as i thought.
i was thining to go to solicitor just to confirm... as the eco was asking for british marriage certificate not nikkah nama.... my hubby got the wedding date wrong n put down ruksati.. but maybe they see on the nikah form we both have uk address and maybe they are refering to that. im just not sure....
I dont want to get this wrong i might be able to argue the point.. but also that i have one child already born and one on the way maybe they might just let it get overturned, i just don't know anymore.

[prince007]

Hi. Both prince and I have done our complete 19 weeks so we both are waiting for our court dates n paperwork to come back. How about you awaiting...
Prince. I'm still waiting on court date but it must be a week after you. I have emailed my mp they are gonna email bhc and find out why they haven't given me an answer. Also why they haven't sent the file back... Maybe get your mp involved. I told the mp I'm just upset that they haven't answered in 19 weeks even if they are not over turning their decision I should had been notified. I also stated that I am pregnant with our 2 child and I don't wanna have to do this alone. And please look at my case and overturn it as I feel I got a very strong case, and you haven't taken human rights in consideration or my private family life has been Brocken fir over a year and in 19 weeks my file couldn't be looked at.

Hi sorry for the late reply, yeh i hope our cases get overturned before our court dates Ameen. right now all we can do is Pray to Allah Swt and Do Dua.

i did contact my mp when i sent the appeal case off she wrote to bhc and all they replied back with was the time frame and said all cases are dealt with strict order date, and now when the deadline passed i contacted her for help and she said she cant do anything and advised me to wait.

main thing right now is the appeal bundle so all of us can find out whats the reason they didnt review or if they whats the reasons they upheld their decision, so we can argue against and prepare.

[Razhan]

Dear all

We received a letter from the tribunal regarding my wife's spouse visa appeal on 5/10/2012 just 3 days before court hearing confirming that presenting officer has withdrwan the decisions and we dont need to go to the court.I recently emailed to the visa section to get any update .they replied and confirmed that they received the notice of withdrwal from presenting officer and this notice will be forwarded to ECM for review.
My questions are why they review it again and do they can refuse it again.
I hope this reviewing is a just a routine and they grant a visa soon
any suggestion would be of great help.

Thanks

[Mandarin]

Razhan, it is routine. You should now wait for a call letter to submit your passport. The same thing happened to me.

[Razhan]

Hi Mandarin

Thanks for your reply ,I hope get a call letter soon .but it has been for about a week they confirmed that they received a notice of withdrawal .how long it should take to process it ? Can we do any thing to speed it up ?

[zully]

Hi. Both prince and I have done our complete 19 weeks so we both are waiting for our court dates n paperwork to come back. How about you awaiting...
Prince. I'm still waiting on court date but it must be a week after you. I have emailed my mp they are gonna email bhc and find out why they haven't given me an answer. Also why they haven't sent the file back... Maybe get your mp involved. I told the mp I'm just upset that they haven't answered in 19 weeks even if they are not over turning their decision I should had been notified. I also stated that I am pregnant with our 2 child and I don't wanna have to do this alone. And please look at my case and overturn it as I feel I got a very strong case, and you haven't taken human rights in consideration or my private family life has been Brocken fir over a year and in 19 weeks my file couldn't be looked at.

Hi sorry for the late reply, yeh i hope our cases get overturned before our court dates Ameen. right now all we can do is Pray to Allah Swt and Do Dua.

i did contact my mp when i sent the appeal case off she wrote to bhc and all they replied back with was the time frame and said all cases are dealt with strict order date, and now when the deadline passed i contacted her for help and she said she cant do anything and advised me to wait.

main thing right now is the appeal bundle so all of us can find out whats the reason they didnt review or if they whats the reasons they upheld their decision, so we can argue against and prepare.

My Mp is was very helpful, as the deadline has gone they should help you.
Has your bundle come back mine has'nt im gonna call my mp to see if there is any reply also i will call the AIT for an update so i know what to do ahead.


Razhan... what was your rejection if you dont mind me asking.

[prince007]

Hi. Both prince and I have done our complete 19 weeks so we both are waiting for our court dates n paperwork to come back. How about you awaiting...
Prince. I'm still waiting on court date but it must be a week after you. I have emailed my mp they are gonna email bhc and find out why they haven't given me an answer. Also why they haven't sent the file back... Maybe get your mp involved. I told the mp I'm just upset that they haven't answered in 19 weeks even if they are not over turning their decision I should had been notified. I also stated that I am pregnant with our 2 child and I don't wanna have to do this alone. And please look at my case and overturn it as I feel I got a very strong case, and you haven't taken human rights in consideration or my private family life has been Brocken fir over a year and in 19 weeks my file couldn't be looked at.

Hi sorry for the late reply, yeh i hope our cases get overturned before our court dates Ameen. right now all we can do is Pray to Allah Swt and Do Dua.

i did contact my mp when i sent the appeal case off she wrote to bhc and all they replied back with was the time frame and said all cases are dealt with strict order date, and now when the deadline passed i contacted her for help and she said she cant do anything and advised me to wait.

main thing right now is the appeal bundle so all of us can find out whats the reason they didnt review or if they whats the reasons they upheld their decision, so we can argue against and prepare.

My Mp is was very helpful, as the deadline has gone they should help you.
Has your bundle come back mine has'nt im gonna call my mp to see if there is any reply also i will call the AIT for an update so i know what to do ahead.


Razhan... what was your rejection if you dont mind me asking.

nope it hasnt come back yet, i need all of youzzz Dua, have you emailed the embassy? if not email them..

and congrats razhan, wish you best of luck

[zully]

Prince, I emailed the embassy then I got mp to do it, I also now emailed using my hubby's email address but I got an out of office message....
I don't think they will reply.
I'm gonna phone the courts up again today, because manderin says we need to know what the outcome is... Then I can prepare my case.... I can't believe I have had all the bad luck... Anything that can go wrong has gone wrong...

[Mandarin]

Razhan, I received a call letter 40 days later... Including weekends. It can be speeded up by writing to your MP. Tell your MP that the case has been withdrawn and you now await a call in letter, that it has been a very hard time for you both to be apart for so long.

[Mandarin]

Zully and Prince, it can take a while for the Tribunal to receive the bundle from the BHC... Wait 2-3 more weeks. Contact the AIT then.

In my case, when I asked the AIT nearly 5 weeks after the deadline, did they say yes we have the bundle now and your non legal rep can obtain a copy of it.

[king2be98]

The call letter/email will be issued to you within 2 weeks now. I would suggest you arrange a TB test to be done if the current one is expiring or expired. That way you can waltz straight into the AC and submit your passport. Based on recent appeals and what I know, you're looking at 6-8 weeks before you have the stamped passport back in yoru hands.

[prince007]

Prince, I emailed the embassy then I got mp to do it, I also now emailed using my hubby's email address but I got an out of office message....
I don't think they will reply.
I'm gonna phone the courts up again today, because manderin says we need to know what the outcome is... Then I can prepare my case.... I can't believe I have had all the bad luck... Anything that can go wrong has gone wrong...

you get that out of office message when you send a email from an new id,

shes right until we dont get the bundle we will not know whats the reasons, its just the matter of time now, then again start preparing for what you think they might have said.

[Razhan]

Thanks for your reply .hope get call letter soon .


Dear Zully ...they rejected because they didn't believe the language certificate from approved centre ..

[zully]

Prince, I emailed the embassy then I got mp to do it, I also now emailed using my hubby's email address but I got an out of office message....
I don't think they will reply.
I'm gonna phone the courts up again today, because manderin says we need to know what the outcome is... Then I can prepare my case.... I can't believe I have had all the bad luck... Anything that can go wrong has gone wrong...

you get that out of office message when you send a email from an new id,

shes right until we dont get the bundle we will not know whats the reasons, its just the matter of time now, then again start preparing for what you think they might have said.

any luck with your bundle

[batleykhan]

Why are you waiting for the bundle. It wont contain anything that you already don't know in your refusal notice.Just preparing your evidence based on the points of refusal,forget the bundles

[zully]

Why are you waiting for the bundle. It wont contain anything that you already don't know in your refusal notice.Just preparing your evidence based on the points of refusal,forget the bundles

I already sent a witness statment and all my proof when i did the appeal. i explained the situation hat they rejected me on. I am not sure if they have stuck to their decision and if they have why, i tought waiting to read why they agree with the decision then i know what i can write as an extra.

I was told not to send anything that i have already sent, but maybe i should just send all that and maybe go really indepth, what was worrying me was maybe im reading the rejection wrong. im thinking one thing and they are implying another. If i wrote you the rejection on here will you look at it for me and interpret it as to what you think they are asking please.

zully

[K451m]

hi zully yeah that would be good post your rejection to see how we interperate it if its the same as what you think or different

also my cousin got his visa refused under the new rules he applied in the middle of august and recived a reply exactly 3 months later

his reason for refusal was financial requirement

he has a base salary of £17,300 and then he supplemented his income using rent from his other house but one of the documents required were 12 months of bank statements showing the money going in to his account

he submitted 12 months bank statement but they showed his salary going in not his rent as he used to get it cash in hand rather than in his account

to substitute he submitted his yearly tax return and covering letter explaining he recives rent via cash but they still rejected it on that basis and was given the option to appeal his relatives are suggestiung him to appeal the solictors say he has a very good chance in court as he meets the financial requirement in a lawful manner but could not provide exactly the proof required due to his individual case and the court will be able to see this however the solcitiors are asking for £3000 in fees and hes not sure weather to re apply or appeal the only thing putting him off re applying is if they refuse it under something else stupid then he will be in the same situation again and still be out of pocket but if he appeals and adresses the rent situation through the courts correctly via legal help he will be issued with a visa and not have to be too worried about anything else i no its a lot money but i think he should look at it as investment rather than money wasted who knows when his wife comes over they might have beautiful babies which are priceless insha ALLAH

his time line
applied august 13th
under pricess at bhc 1st september
rfc 17th november
visa refused
28 days to appeal last date for appeal 10th decmeber still thinking weather to appeal or not ???? advice appreciated

[zully]

K451m
By what you are saying it looks very simple. He needs to reproduce the same paperwork show cash in hand for the rent, he must give receipts and then get a solicitor to sign it... As long as he explains this it should be fine.
At the same time what else one can do it do the appeal get the paperwork in. Write a witness statement explaining everything get all the proof togeather.
If it does not get over turned then if it goes court the at that time get a solicitor involved... It will be cheaper... I was t prepared to pay a grand to just fill out a simple form.

[K451m]

Thank zully for the comments much appreciated

Yeah I know what you mean when visa gets refused its just a big panic all sorts off question go through your head and make a person doubt himself but in my cousins case even though it's straight forward becuz the new rules are so new and no one including the eco's understand them properly it seems legal help is the best way forward the cost of £3000 includes the tribunal fee the barrister fee for the day of hearing preparing all docs as supporting evidence chasing the ECM review talking to the home office rep and also gives the appealant more credibility I think...they are offering to see the appeal all the way through and he doesn't have to pay it in one go he can pay monthly up to the hearing date which I guess isn't too bad if avg wait is 4-6months at the moment

If he re applies it's still gonna cost him best part of a grand and who knows what they might throw back at him after his initial refusal I no they say fresh is fresh and previous is not considered but when the type the spouse passport number in I am sure they get history of app etc and that makes them think they are on to something and u get the classic line of on the balance of probabilities blah blah

I think he's gonna go with appeal through legal rep they might also take solicitor email and correspondence more serious and bother to reply and have to think more about their responses and arguments etc

Anyway zully what's background on your case if u don't mind me asking and r u moving forward getting anywhere with the appeal process

[prince007]

Hi Zully sorry abt the late rply, just been runnin here n der regards the case, so you have sent all the papers witness statement etc, but sis wasnt you supposed wait for your bundle because you dont know if they have upheld their decision or just sent it to court bcuz they have no time, so you know what to argue against if they have upheld it. but nyway good luck, i hope they overturn their decision.

what is an witness statement? is it same as grounds of appeal?

[prince007]

Why are you waiting for the bundle. It wont contain anything that you already don't know in your refusal notice.Just preparing your evidence based on the points of refusal,forget the bundles

I already sent a witness statment and all my proof when i did the appeal. i explained the situation hat they rejected me on. I am not sure if they have stuck to their decision and if they have why, i tought waiting to read why they agree with the decision then i know what i can write as an extra.

I was told not to send anything that i have already sent, but maybe i should just send all that and maybe go really indepth, what was worrying me was maybe im reading the rejection wrong. im thinking one thing and they are implying another. If i wrote you the rejection on here will you look at it for me and interpret it as to what you think they are asking please.

zully

you can write it here so i or ppl on this form can give ideas or help on what you can do, and did prepare the folder for judge in order?

[king2be98]

I've been away a cfew days, so apologies for not responding sooner. Kasim do not under any circumstances even consider paying more tha n £800 for a lawyer. No lawyer/barrister or combination of the two is worth that much. In fact I would say to everyone, if you have a simnple case ie a couple of easy points to address, you do it yourself and prepare for it yourself. Preparation is easy, go attend a court hearing yoruself or ask appellants on here.

£3000 for legal aid? That is theft, I don;'t know how they can sleep at night charging that much for such easy work. Even if they charge £300 per case they are being greedy as the work involved is a couple of hours of their time, not the days and weeks they make out.

Get the financial evidence of where his money comes from, and appeal yourself. That is my advice. If you do want legal assistance, as I said, don;t go a penny over £800, even that is stretching it.

[batleykhan]

The average rate for a barrister is a minimum £1000 per day

[akhan47]

I will have to appeal the refusal decision for my wife's visa. What will the process be like? And how long is it currently taking?

First I will appeal then what will the next step be? What's the estimated time-frame between each step?

[zully]

I will have to appeal the refusal decision for my wife's visa. What will the process be like? And how long is it currently taking?

First I will appeal then what will the next step be? What's the estimated time-frame between each step?

hi....firstly sorry to hear,
you hand in appeal, with payment and any additinal supporting paperwork all togeather.

then you will receive a letter giving you a deadline which is about 19 weeks...in that time it may get overturned or they may leave their decision...if decision doesnt change.... then about another 8 weeks later you will attend court. even then t can change a few days before by the home office rep.. who may feel that they cannot win.

I think your case may not take that long, as there will be less spouse case's n maybe get overturned...
when i did my appeal another 3 people also did it around the same time. but all three of them got overturned within 3 months.... i was the unlucky one.

hope that helps