Spouse visa Appeal

[saffyk121121]

I would really value opinions on a spouse visa appeal that I am helping a friend out with, who is in great distress.
His wife's spouse visa was declined in December and is going through appeal process at the moment through a solicitor.

Please see below reasons for rejections and my friend's response back.

I wonder what your opinion would be on this, If you think ECM will overturn the original decision ? or if you think this will have to be settled in court and what his chances of success are ?

You have submitted a Pakistan marriage certificate which indicates that you married your sponsor on 21/05/14
Whilst I accept that you state this is an arranged marriage, the onus is still on an applicant to demonstrate that your relationship is genuine.
You have provided photos from the wedding there no pictures of you on any other occasion. Whilst you have submitted copies of lists of calls between the UK and Pakistan these are not evidence of personal contact between you and your sponsor in particular particularly bearing in mind that you are first occasions and the families would likely be in contact generally. Your sponsor has not been supporting you financially. You have no joint assets or responsibilities. You are going to be living sponsors parents rather than pursuing married life together as couple. From the evidence submitted, I am not satisfied that you have demonstrated that you have a genuine, subsisting relationship with your sponsor or that you genuinely intend to live together as husband and wife
I therefore refuse your application under paragraph EC-P.1.1 (d) of appendix FM of the immigration Rules (E-ECP2.6 & 2.10)
Response given back:
1:There were 8 pictures of us together after the wedding day (ECO ignored).
2: On my name: Phone call statements from lyca and lebara mobile.
3: On my wife’s name: Phone call statement from Zong mobile and Mobilink
4: Email and skype contact evidence (completely ignored by ECO).
5: Three receipts from money transfer agent from UK here to wife’s HBL account (completely ignored ECO)
6: I am primary carer for both my disabled parents, I get carers allowance. There 3 of us in total, living in a 4 bed house. I included Parents letter signed in front of a solicitor confirming they want me and my wife to live with them permanently). Why would I want to live anywhere else and abandon my parents?
Kind regards
Saffy K

[saffyk121121]

) Good news is that friends wife has been called by British embassy Pakistan asking to hand in her passport, Looks like the refusal decision has been overturned by ECM. They also asked for husbands passport photocopy and her TB certificate, but this has now expired since the original application was in June, and was only valid for 6 months Does she need to get a new one done ? Would really appreciate if some one can clarify this for me.

[Zack1234]

I am not an expert, but I think if they have only asked for Passport then just submit the passport.

If they have asked for all the documents again then its better to do the test again.

[Zack1234]

Sorry I just re-read the post. I think it would be wise to get a new TB test report as they've asked for it.

[saffyk121121]

thanks, I think its best to redo, cant afford any more delays.

[Zack1234]

thanks, I think its best to redo, cant afford any more delays.

Yeah, better safe than sorry.

[AcrossBorders]

Congratulations for your friends appeal, hope it all works out.

How fast did they respond after submitting your appeal?

[saffyk121121]

submitted appeal 22nd December, got reply in Jan /February, decision overturned mid march.

[saffyk121121]

submitted appeal 22nd December, got reply in Jan /February, decision overturned mid march.