Wife and Child stuck in pakistan

nasxtra · Post by **nasxtra** » Sat Nov 07, 2009 10:54 pm

i This is for anyone I am in a real Dilema.

My wife arrived in uk in Nov 2005 due to not completing Life in UK test we were unable to apply for Indefinate stay and so we had to extend her visa for a further 2 years. Now she has completed her life in UK test and we were in a position to apply for Indefinate leave to remain however due to her father passing away she has returned to pakistan urgently on 3rd nov her visa expired on 6th Nov . The issue is that her Visa is due to run out in November. We have 2 children together a 2year old girl and 6 week old son, she has taken my daughter with her to pakistan but due to my son being young and also not having any travel Documents he has had to stay with me.

The earlies ticket I could book was on 7th Nov and she was refused entry back to the uk.

What can i do...my son needs his mum as he was breastfeeding mainly but not is using bottle feeds my daughter is not well and my wife is upset and also not well what can I do???

Can she apply for ILR from pakistan?

I know that this is not usually the case but due to the sudden loss of her father she had to return to her country before making the ILR application. Please can you advise me of what course of action to take under these circumstances

Post by **vinny** » Sun Nov 08, 2009 12:41 am

She may apply for another spouse visa.

nasxtra · Post by **nasxtra** » Sun Nov 08, 2009 12:45 am

thanks is there anyway we can speed this up by invole british embassy or something this is a really serious situ..i need my wife and cjild back asap for the sake of my son

nasxtra · Post by **nasxtra** » Sun Nov 08, 2009 12:56 am

anyone know of a good immigration solicitor who can help me...please i'm desparate

Post by **batleykhan** » Sun Nov 08, 2009 9:22 am

What about the returning resident visa instead of the spouse one ?

http://www.ukvisas.gov.uk/en/ecg/settle ... s#20067334

How about contacting your MP, explaining your circumstances and concerns in the hope he can have a word with senior officials at the BHC in Islamabad to issue above visa expediently.

What about approaching your local paper to see if they would do a story.

I think you are very unfortunate as to what has happened, but I cant blame the ECO for refusing her entry as he was within his right.

Good luck with whatever you do

nasxtra · Post by **nasxtra** » Sun Nov 08, 2009 9:39 am

would it be possible to apply for settlement even though she is in pakistan at the momment?

Post by **vinny** » Sun Nov 08, 2009 9:42 am

batleykhan wrote:What about the returning resident visa instead of the spouse one ?

http://www.ukvisas.gov.uk/en/ecg/settle ... s#20067334

18(i) fails.

Post by **batleykhan** » Sun Nov 08, 2009 9:47 am

She can apply for settlement from Pakistan no problem,but that could take a few months, whereas the returning resident might be done faster if people could be persuaded on compassionate grounds

Post by **batleykhan** » Sun Nov 08, 2009 9:49 am

18(i) fails.

Yes you are right Vinny, missed that bit.

nasxtra · Post by **nasxtra** » Sun Nov 08, 2009 9:50 am

Please can someone help me with the process i am totally lost you saying it may be possible to do a returning resident application what are the chances of this being accepted? Can I do this myself or would i be better off using an immigration lawyer ? I have all papers for ILR as was going to send it off on the same day that she went to pakistan?

What time scales am i looking at?

Can someone talk me through the process? or provide suitable contacts?

Also my wife is now calling asking me to bring her son to paksitan should i do this or will it make the case weaker?

nasxtra · Post by **nasxtra** » Sun Nov 08, 2009 9:53 am

thanks guys,

what about section 20:

20. The leave of a person whose stay in the United Kingdom is subject to a time limit lapses on his going to a country or territory outside the common travel area if the leave was given for a period of six months or less or conferred by a visit visa. In other cases, leave lapses on the holder remaining outside the United Kingdom for a continuous period of more than two years. A person whose leave has lapsed and who returns after a temporary absence abroad within the period of this earlier leave has no claim to admission as a returning resident. His application to re-enter the United Kingdom should be considered in the light of all the relevant circumstances. The same time limit and any conditions attached will normally be reimposed if he meets the requirements of these Rules, unless he is seeking admission in a different capacity from the one in which he was last given leave to enter or remain.

Post by **batleykhan** » Sun Nov 08, 2009 9:58 am

I am afraid as Vinny has stated only option is spouse visa application now.No other way I am afraid.

In Pakistan this could take 4 months or so.

The process is same as when you applied first time around for your wife.

nasxtra · Post by **nasxtra** » Sun Nov 08, 2009 10:01 am

ok given the circumstances is there anyway the process could be speeded up? 4 months is a long time for my children

Post by **batleykhan** » Sun Nov 08, 2009 10:10 am

You can try what I suggested in my first post. It is a long shot,but its better than nothing.

nasxtra · Post by **nasxtra** » Sun Nov 08, 2009 5:06 pm

I am trying to arrange a ticket and visa for my son to get to pakistan and go to the BHOC in person to appeal to them to allow my wife back if even on a 2 week visa as i can apply for ILR when she gets back here....wish me luck...does anyone whats the best way to arrange an appointment with them?

doddy · Post by **doddy** » Sun Nov 08, 2009 6:03 pm

I'm so sorry. Is this not the sort of thing a Judge would describe as Kafka style application of the rules? It may have been in within the rights of the ECO to make such a decision, but it benefits nobody. It was also within the power of the ECO to allow her to return. My wife's mother is very ill. If she dies and my wife has to go back to Asia, I'll never get her back because I'm poor. I truly hope you manage to get this sorted.

nasxtra · Post by **nasxtra** » Thu Feb 04, 2010 7:56 pm

Hi guys just thought I'd update you with the situation as i stated earlier I went out to pakistan with my baby so that my wife could be reunited with her son and also so that I could see my daughter and try to sort the visa issue out..

Went to gerry's fedex on 1st day of arriving and was basically told as batleykahn,vinny, john and others have mentioned that we had to do a fresh application.

Made appointment to see UKBC after first initially being refused i amanged to pseak with someone who was in a senior position. I explained the situation to them and was told in pure text ook style that I had to go to see gerry's or that we need to make a fresh application. The fact that my human rights and the welfare of my children and wife was suffering didn't seem to matter.

I admitted that it was due to ignorance of the rules and the situation arising from the death of my wifes father that had led to her leaving the UK instead of applying for ILR, but does not the BC have any heart or compassion. And was told NO. they couldn't even issue a transient visa to allow my wife back with the children.

I told the ECO that upon obtaining the spouse visa I will be applying for ILR straight away and this was just unnecsaary delaying and causing trauma for the children and the family...they wern't intrested. So after obtaining all the documents the application was submitted on Jan 14th 2010. This delay occured due to my wife having to get a TB test appointment and the earliest date they had available at the time was Jan 11th!

I am thinking of contacing UKBA uk in croyden and I am not happy with the way this case has been dealt with so far. Sure they were in the right to refuse my wife travelling but they could have also allowed her to under compassionate grounds/human rights of the kids as all papers were shown ...or I don't know I just feel let down by the whole system...any advice?

Is it worth me writing to UKBA? whats the latest time scale's for visa processing? anyone elsebeen in a similar situation where the visa has run out whilst being abrod? any help would be appriciated.

Thanks

immigrationuk2009 · Post by **immigrationuk2009** » Fri Feb 05, 2010 5:25 pm

Hi

If you have been married for last four years then your wife can apply for ILR from Pakistan.

UK_Banned_Member

Kitty · Post by **Kitty** » Fri Feb 05, 2010 5:38 pm

immigrationuk2009, isn't ILE on that basis reserved for people who "were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom"?

281(i)(b)(i)

Sympathies to the OP. Kafkaesque indeed.

nasxtra · Post by **nasxtra** » Fri Feb 05, 2010 5:40 pm

ILR from pakistan =
when i asked this at the BH in islamabad they stuck to the letter of the rules and told me ILR application has to be made with wife when she is on uk soil.

kitty yep your right

just a money making, time wasting excercise for them as as soon as she lands next day were going to premium service ILR and if that is granted...a very very big complaint...and getting in touch with local media...my MP has also expressed an intrest in this case probably politically motivated but UKBA is gonna get some..

mteja · Post by **mteja** » Mon Feb 08, 2010 9:09 am

Sorry this abit out of this topic. But i dont understand:

Am on two years spouse visa expiring on 9.10.10. I intend travelling next month for three weeks to my country Kenya to go sort my daughters travelling documents.

I have travelled in the past and didnt have aproblem at heathrow. My question is how many months should i have remaining on visa before am allowed back in UK? If i go next month march, will be having like 6.5months remaining in my visa.

Someone pls advise on this

nasxtra i really hope all goes well with the process.

Danbrix · Post by **Danbrix** » Mon Feb 08, 2010 10:25 am

You will be allowed to return so long as your visa is valid.

mteja · Post by **mteja** » Mon Feb 08, 2010 10:40 am

So the wife didnt have a valid visa? is that correct. The days had run out?

Danbrix · Post by **Danbrix** » Mon Feb 08, 2010 12:16 pm

mteja wrote:So the wife didnt have a valid visa? is that correct. The days had run out?

No idea what you mean â€¦

nasxtra · Post by **nasxtra** » Mon Feb 08, 2010 3:07 pm

Mteja:

My wife had valid visa when she left the uk for the funeral after 2 days she was returning to uk 7th Nov thinking her visa was valid until 16th Nov...but visa had expired on 6th Nov....and she was refused boarding

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