UKBAIG or AIT?where can i hope my appeal be reviewed quickly

[voilet]

My childs settlement visa got rejected as translation of the child registration certificate (CRC) was'nt provided. I now have both the birth certificate and the CRC. my husband is applying in a day from London and also getting his mp involved.
There r two dilemmas we face...

1)the only two available addresses where form could be send are the AIT lorroughbourgh or the UKbBAIG, pakistan hub, king charles street, LONDON. Where can we hope our application would be reviewed quickly...? I recieved an email respone from the ukba home office, Apollo house, Croyden which asked to send the required docs so that the case be reviewed in the light of new documentation. But the question remains...where?

2) With the upcoming christmas season my hubby is reluctant to post now as it might get dumped with the christmas load and be in queue for long!!!

[batleykhan]

Send it to the offices of the UKHub in London , not AIT in Lougbrough.

Send it by recorded delivery. Ask the ECM to review the matter in light of the translated document now provided.

There is no need to get an MP involved at this early stage. Let the Entry Clearance Manager look at the docs you have sent. If he doesnt overturn decision, then get MP involved.

Furthermore you have to complete and send the AIT2 form and refusal notice with the translated documents. Dont just send the doc by itself.

[voilet]

well,the latest news is that my hubby has posted the ait2 form with the refusal and other docs to the AIt 1 hr ago. They will recieve it tomorrow.
The AIt site saz that it sends the docs to the ECM for review and if the decision stands then gives the hearing date.
well the urgency is due to the fact that i was issued spouse visa the same day that he was refused. Normally appeals take one yr in pakistan...so my chnces fir ilr in 2012 would be compromised.Obviously i cant travel without the child.

[batleykhan]

By sending it to AIT, it will delay the application .

The reason being that AIT will now have to send the notice to the ECM at the Ukhub in London ( where all Pakistani settlement cases are dealt with).

It is up to the ECM to decide whether to revoke the earlier decision of the ECO in light of the new info you have supplied them.

If he does that then visa will be issued straightaway. If on the other hand he does not change his mind, he will send the docs back to AIT who will then try and fix a hearing at a Tribunal court ( which could take a few months) where you will have to argue why you should be granted visa.

Hope that helps

[voilet]

Here is the refusal note

I am satisfied that u meet the requirements of paragraph 301 except that

you are applying to join your father in the UK. I note as evidence of your own claim to be the child of your sponser you have submitted a document which is not translated in english. I am not satisfied that this document genuinely represents a birth certificate and i am therefore not satisfied as to your identity or that you are related to your UK sponser or mother as claimed. I am therefore not satisfied that you meet the requirements of paragraph 301 of immgration rules.

i therefore refuse your application"

now we have attached the required doc. The childs passport bore Uk HUB abudhabi stamp so i think the docs will be send to the EcM there for review.
but i still dont think y would they want to stop a 1 yr old

[batleykhan]

but i still dont think y would they want to stop a 1 yr old

Because you have failed to provide enough evidence that he is indeed your child ( meaning you have failed to provided a certified translation of the birth certificate in English)

Had you done that, you would have had no problem, so I am afraid you only have yourself to blame for the mess that you have got in.

You obviously do things in a hurry. You need to slow down, think carefully what you are doing and then do it.

The fact that you have sent your appeal to AIT instead of the BHC,will incur you more unneccesary delay.unfortunately you cant do anything about it but to wait till they follow procedure and hopefully grant your child the visa

[meats]

but i still dont think y would they want to stop a 1 yr old

Because you have failed to provide enough evidence that he is indeed your child ( meaning you have failed to provided a certified translation of the birth certificate in English)

Had you done that, you would have had no problem, so I am afraid you only have yourself to blame for the mess that you have got in.

You obviously do things in a hurry. You need to slow down, think carefully what you are doing and then do it.

The fact that you have sent your appeal to AIT instead of the BHC,will incur you more unneccesary delay.unfortunately you cant do anything about it but to wait till they follow procedure and hopefully grant your child the visa

I'm surprised that there's an AIT in Loughborough! Having studied at the uni there the town's going to be like a ghost town now as the students make up over half the population during term time!

Also, wouldn't it be quicker to re-apply if they're in such a rush that they say they are instead of appealing it?

[batleykhan]

Also, wouldn't it be quicker to re-apply if they're in such a rush that they say they are instead of appealing it?

No its not worth it.It is far to expensive ( over £600 , having already paid it once ).

The reason for refusal is easy to prove - just provide a certified translation of the birth certificate in English, and the refusal will be overturned.

There would not have been a delay had the OP sent the appeal notice direct to the BHC where the ECM could have reviewed it upon receipt.

Unfortunately AIT in Loughbrough will now have to send it to the BHC where the applicant applied. Luckily for her all settlememt applicants are dealt with in London and not in Islamabad or Abu Dhabi, therefore it should not take long for the notice to be recievd in London

[voilet]

Thanx for the prompt response.
Battley khan in pakistan , the NADRA issues the birth certificate which has both the mother and fathers name, id card details in urdu and english on the same page. so a translatio of this was unnecessary. The ECO overlooked it as the bundle being both a spouse and dependent was a huge one.
The b form or child registration certificate was in urdu which i had included only becoz the gerry staff asked for it. i thought the BC was enuf. it was indeed as the eco only points to the lack of it in his refusal letter.
secondly the BHC that refused was AbuDhabi and the options on the appeal form were the AIT or UKBAIG, king charles street. so we thought AIT would be better.

[batleykhan]

I understand what you say.I agree the ECO should have picked up on it. however they are so used to looking at translated version, they sometime overlook simple things.

To translate teh child birth certificate in English is a 2 minute job. I would strongly advise that you do this and hopefully they will overturn the decision.

secondly the BHC that refused was AbuDhabi and the options on the appeal form were the AIT or UKBAIG, king charles street. so we thought AIT would be better.

Settlement cases in Pakistan were dealt with by Islamabad,then they moved it to Abu Dhabi and recently they moved them again this time to London.

The AIT states that you can send teh form to th post where the applicant was refused or to AIT itself.... but not to both.

Only the ECM at London can overturn the decision not AIT.