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sorry should have cleared that he isnt, hes now out of the equation i need to do a new solicator in UKbatleykhan wrote:How is a solicitor in Pakistan going to come and represent you at the hearing in UK?Its just so stressful, i did a solicator in Pakistan and he took Rs 40,000 and hasnt got back to me so now I want to contact UKBA myself
So you have been done out of 40000 PKRaziqbal wrote:sorry should have cleared that he isnt, hes now out of the equation i need to do a new solicator in UKbatleykhan wrote:How is a solicitor in Pakistan going to come and represent you at the hearing in UK?Its just so stressful, i did a solicator in Pakistan and he took Rs 40,000 and hasnt got back to me so now I want to contact UKBA myself
getting a solicitor int he UK to do what exactly? and like the previous poster i am confused as to what the Solicitor in Pakistan was supposed to do?aziqbal wrote:Hi Guys
After reading my helpful topics i thought i would ask for some advice and share my experience
I applied for my wifes spouse visa back in April 2011 they rejected in July 2011 I appealled in September and since then I have been waiting for a oral hearing which I have been told is still 2 months away!! Its just so stressful, i did a solicator in Pakistan and he took Rs 40,000 and hasnt got back to me so now I want to contact UKBA myself
anyhow my case was rejected on the following points
Point 1
they said my wife got IELETs test mark 3.0 for speaking and 3.5 for listening and his does not meet the minimum requirment for B1 standard 4.0 and thus they dont accept my wife has met the minimum requirment
Point 2
my mum gave a letter along with a letter from our family solicator that there is enough accomodation in our house for me and my wife to stay, i also sent in land registration documents (which cost me so much to obtain) from the local council stating there was enough room, thats 3rd party support for indefinate period, they replied and said although i had provided 3rd party stay for indefinate period i didnt provide any evidence of 3rd party stay for limited period? I mean WTF?? meaning they expect me to stay for a while then move out on our own?
Point 3
They said i hadnt proved our marriage is "subsisting" even although i sent in photographs, lyca card phone bills, skype conversations and fb contact
Regarding our contact, i really dont know what else to say and how to say it, i cant prove more than that, simply put i do not know which langauge they understand
can anyone please advice how i can argue the above points in a sucessfull manner? Thanks in advance
i did the appeal from Pakistan initially, the solicator submitted the appeal from there and was meant to keep me up to date and then he just went quite no word, anyhow thats the least of my concernMelC wrote:getting a solicitor int he UK to do what exactly? and like the previous poster i am confused as to what the Solicitor in Pakistan was supposed to do?aziqbal wrote:Hi Guys
After reading my helpful topics i thought i would ask for some advice and share my experience
I applied for my wifes spouse visa back in April 2011 they rejected in July 2011 I appealled in September and since then I have been waiting for a oral hearing which I have been told is still 2 months away!! Its just so stressful, i did a solicator in Pakistan and he took Rs 40,000 and hasnt got back to me so now I want to contact UKBA myself
anyhow my case was rejected on the following points
Point 1
they said my wife got IELETs test mark 3.0 for speaking and 3.5 for listening and his does not meet the minimum requirment for B1 standard 4.0 and thus they dont accept my wife has met the minimum requirment
Point 2
my mum gave a letter along with a letter from our family solicator that there is enough accomodation in our house for me and my wife to stay, i also sent in land registration documents (which cost me so much to obtain) from the local council stating there was enough room, thats 3rd party support for indefinate period, they replied and said although i had provided 3rd party stay for indefinate period i didnt provide any evidence of 3rd party stay for limited period? I mean WTF?? meaning they expect me to stay for a while then move out on our own?
Point 3
They said i hadnt proved our marriage is "subsisting" even although i sent in photographs, lyca card phone bills, skype conversations and fb contact
Regarding our contact, i really dont know what else to say and how to say it, i cant prove more than that, simply put i do not know which langauge they understand
can anyone please advice how i can argue the above points in a sucessfull manner? Thanks in advance
on point 1, if your wife hasn't met the A1 standard she has to retake the test, there was a case recently about the different tests and what equates to what, but 3 and 3.5 are not 4 and 4 or actually 4.5 is the general score that i know of that people has submitted and have had accepted.
on point 2 it does not appear to make sense at all, I think i would ask for that to be clarified, but you may know more yourself depending what you had stated on the application form.
on point 3 again there is case law on what is subsisting, (BK and Others Turkey 2005 UKIAT 000174) which defines that there are 2 parts to subsisting, the Legal form ~ that the marriage legally exists, and the intention form, where the parties commitment to the marraige is assessed.
what you have provided is details of contact between you and your wife, but it may be that such contact does not show substance in the relationship? it may also be linked to the accommodation issue?
you may be throwing a lot of money at a lost cause, and it may be better to simply have your wife retake the english test to achieve the required score, and query a more precise answer to the other points so that you can put it right for the next application.
i am not sure what u meanbatleykhan wrote:Your new solicitor ( if you get one) can only argue the points which the fake solicitor has stated in appeal form.No decent minded UK solicitor will probably take on something prepared by an unqualified person.
My advice like that of Mel C is not to throw further money on UK solicitor here and instead use that money to make a new application and make sure you prepare the necessary docs for application
good points these are constructive, yes i did submit wedding pics and stayed at the PC in Rawalpinidi the night of the wedding for which i did submit the receipt and it had my name and id card number, also the pics of the mendi, wedding and honeymoon but sitll got rejectedsyma wrote:Hi
I duno much about the accomodation and english language test issue, but regarding the issue of subsisting marriage did u submit any pictures?? Of the wedding and the time u spent with ur wife if not then u can do that mayb.
Also considering u got married last year have u visited your wife since?? U could show that mayb
Apart from that evidence of u guys living together after the wedding could help like hotel reservation, holiday etc
Money transfers, details of gifts exchanged etc jus submit anything u can think would support ur cause...
I am a lil curious about ur timeline, did u submit ur appeal late? And did u miss ur firt hearing in feb??
this point is quite concerning. do there expect you to write that you can live there rent free but not forever as you will have to move on eventually.aziqbal wrote: Point 2
i didnt provide any evidence of 3rd party stay for limited period?
sakman wrote:this point is quite concerning. do there expect you to write that you can live there rent free but not forever as you will have to move on eventually.aziqbal wrote: Point 2
i didnt provide any evidence of 3rd party stay for limited period?
as im sure many pakistani people in uk, like myself, plan to live with parents forever
i got married on 24th feb and stayed 2 weeks in pakistan, as soon as i got back i started on the docs and we submitted 25th aprilsakman wrote:aziqbal what date did you get married and how long after did you apply for the visa?
aziqbal wrote:i got married on 24th feb and stayed 2 weeks in pakistan, as soon as i got back i started on the docs and we submitted 25th aprilsakman wrote:aziqbal what date did you get married and how long after did you apply for the visa?
tnt4ever i will dig out my exact list of docs and post them tommorow inshallah
btw does anyone have a link to UKBA which states what is the minimum income you must live on? is it not something like £500 per month?
today i also found out some other things, if u submit docs that are only showing evidence after ur first application was rejected the courts can reject them on the basis of them being "new evidence" and ask you to re-submit new applcation, they say the original application was correct based on the info given at the time, so u must be careful!!
anyhow if they reject me on my appeal i am not going to re-apply, i will just move country, i have a PhD and can get job elsewhere, and go to a country who has a fair immigration system, clearly UK does not have a fair system in place, i cant submit and wait 6 months for a application knowing they work under unfair foundations, no wonder this country is in this state
You shouldnt give up... post up the exact wordings they used in your rejection and people on here will advise you...aziqbal wrote:i got married on 24th feb and stayed 2 weeks in pakistan, as soon as i got back i started on the docs and we submitted 25th aprilsakman wrote:aziqbal what date did you get married and how long after did you apply for the visa?
tnt4ever i will dig out my exact list of docs and post them tommorow inshallah
btw does anyone have a link to UKBA which states what is the minimum income you must live on? is it not something like £500 per month?
today i also found out some other things, if u submit docs that are only showing evidence after ur first application was rejected the courts can reject them on the basis of them being "new evidence" and ask you to re-submit new applcation, they say the original application was correct based on the info given at the time, so u must be careful!!
anyhow if they reject me on my appeal i am not going to re-apply, i will just move country, i have a PhD and can get job elsewhere, and go to a country who has a fair immigration system, clearly UK does not have a fair system in place, i cant submit and wait 6 months for a application knowing they work under unfair foundations, no wonder this country is in this state
Well exactly, as many people do, I have a single mother who doesn't keep well there's no way I would move away, the whole point is to stay together
anyhow if they reject me on my appeal i am not going to re-apply, i will just move country, i have a PhD and can get job elsewhere, and go to a country who has a fair immigration system, clearly UK does not have a fair system in place, i cant submit and wait 6 months for a application knowing they work under unfair foundations, no wonder this country is in this state
Your appeal if you decide to lodge one will take a minimum of 6 months and there is no guarantee of success at teh end of it.i cant submit and wait 6 months for a application knowing they work under unfair foundations, no wonder this country is in this state
I understand fully what you have received in a pm, however there is something of an anomaly with ielts, as anything below a 4 is effectively a no grade each of the possible tests that applicants can take have different scoring systems, and how any one of them is equal to another is not easy to determine. So with IELTS the score of 4 is lowest that is a "Pass"?aziqbal wrote:i did the appeal from Pakistan initially, the solicator submitted the appeal from there and was meant to keep me up to date and then he just went quite no word, anyhow thats the least of my concernMelC wrote:getting a solicitor int he UK to do what exactly? and like the previous poster i am confused as to what the Solicitor in Pakistan was supposed to do?aziqbal wrote:Hi Guys
After reading my helpful topics i thought i would ask for some advice and share my experience
I applied for my wifes spouse visa back in April 2011 they rejected in July 2011 I appealled in September and since then I have been waiting for a oral hearing which I have been told is still 2 months away!! Its just so stressful, i did a solicator in Pakistan and he took Rs 40,000 and hasnt got back to me so now I want to contact UKBA myself
anyhow my case was rejected on the following points
Point 1
they said my wife got IELETs test mark 3.0 for speaking and 3.5 for listening and his does not meet the minimum requirment for B1 standard 4.0 and thus they dont accept my wife has met the minimum requirment
Point 2
my mum gave a letter along with a letter from our family solicator that there is enough accomodation in our house for me and my wife to stay, i also sent in land registration documents (which cost me so much to obtain) from the local council stating there was enough room, thats 3rd party support for indefinate period, they replied and said although i had provided 3rd party stay for indefinate period i didnt provide any evidence of 3rd party stay for limited period? I mean WTF?? meaning they expect me to stay for a while then move out on our own?
Point 3
They said i hadnt proved our marriage is "subsisting" even although i sent in photographs, lyca card phone bills, skype conversations and fb contact
Regarding our contact, i really dont know what else to say and how to say it, i cant prove more than that, simply put i do not know which langauge they understand
can anyone please advice how i can argue the above points in a sucessfull manner? Thanks in advance
on point 1, if your wife hasn't met the A1 standard she has to retake the test, there was a case recently about the different tests and what equates to what, but 3 and 3.5 are not 4 and 4 or actually 4.5 is the general score that i know of that people has submitted and have had accepted.
on point 2 it does not appear to make sense at all, I think i would ask for that to be clarified, but you may know more yourself depending what you had stated on the application form.
on point 3 again there is case law on what is subsisting, (BK and Others Turkey 2005 UKIAT 000174) which defines that there are 2 parts to subsisting, the Legal form ~ that the marriage legally exists, and the intention form, where the parties commitment to the marraige is assessed.
what you have provided is details of contact between you and your wife, but it may be that such contact does not show substance in the relationship? it may also be linked to the accommodation issue?
you may be throwing a lot of money at a lost cause, and it may be better to simply have your wife retake the english test to achieve the required score, and query a more precise answer to the other points so that you can put it right for the next application.
how do you show substance in a relationship?and how exactly do you show commitment to marriage?
i also submitted legal part, ie marriage certificate etc etc
ok regarding the Ielets test this is what i have just found out from a private msg to share
A1 is the minimum requirment, B1 is equal to 4.0 under CEFR and is 2 levels above A1, scores of 3.0 and 3.5 equate to A2 which is still 1 level above A1 so meeting the minimum requirments
so i guess the ECO didnt know his own law!!!
ok so that leaves point 2 and 3 anyone else have any more input on these 2 issues?
thanks to whoever it was who cleared up point 1, ur reward is with Allah swt