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Stay in Pakistan

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Capri
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partner's son got refusal, need help

Post by Capri » Thu Sep 20, 2018 5:48 pm

Respected members,
I am here having some question on behalf of my one family member, he has applied for his partner/wife and her son (from ex husband) from here, through solicitor, her wife got visa today but her son got refusal, reason of refusal is that he did not submit affidavit to prove that her mother is his sole responsible for his upbringing, and exceptional circumstances considered in his case, now the problem is she can not come without her son, what kind of documents are needed to prove her that she is solely responsible for her son's upbringing?
Need you suggestions please, thanks in advance as this forum is always helpful.
“If there is a good will, there is great way.” :D

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Casa
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Re: partner's son got refusal, need help

Post by Casa » Thu Sep 20, 2018 6:26 pm

Does she have a Court order giving her sole custody? Where is the child's father?

The solicitor should have been well aware of this requirement. :!:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Capri
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Re: partner's son got refusal, need help

Post by Capri » Thu Sep 20, 2018 7:01 pm

Casa wrote:
Thu Sep 20, 2018 6:26 pm
Does she have a Court order giving her sole custody? Where is the child's father?

The solicitor should have been well aware of this requirement. :!:
Thanks Casa for quick response, his father is in Pakistan, according to your reply solicitor was not well aware such this type of requirement, she has court order, please inform any other necessary supporting document which she has to prove her sole custody, as her son has right to appeal within 28 days.
“If there is a good will, there is great way.” :D

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CR001
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Re: partner's son got refusal, need help

Post by CR001 » Thu Sep 20, 2018 7:10 pm

See Sole Responsibility (click to read)

How old is the child?

What exactly does the court order state??

If she needs the fathers consent, then she likely does not have sole custody/responsibility.
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Re: partner's son got refusal, need help

Post by Obie » Thu Sep 20, 2018 8:00 pm

She may need to come in within a month of the visa, and return to Pakistan again after collecting her BRP.

She can challenge the decision on sole responsibility.
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Re: partner's son got refusal, what is time period in abroad for partner

Post by Capri » Thu Nov 22, 2018 8:39 pm

Respected gurus and members,
I have a question regarding this issue, as this forum is always helpful.
Now she has collected her BRP, and returned Pakistan because of her son, she has already made appeal, but as we can not say anything how long the process will be, and she is now in Pakistan with her son, how long she can stay there? is there any time period she has to come again in here?
thanks in advance
“If there is a good will, there is great way.” :D

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Capri
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Stay in Pakistan

Post by Capri » Mon Nov 26, 2018 6:33 pm

Respected gurus and members,
Before I have asked questions of my one family member, he has applied for his partner/wife and her son (from ex husband) from here, through solicitor, her wife got visa but her son got refusal, reason of refusal is that he did not submit affidavit to prove that her mother is his sole responsible for his upbringing,
now I have a question regarding this issue, as this forum is always helpful.
Now she has collected her BRP, and returned Pakistan because of her son, she has already made appeal, but as we can not say anything how long the process will be, and she is now in Pakistan with her son, how long she can stay there? is there any time period she has to come again in here?
(I have asked this question to continue my previous post but did not get any answer so started new topic, sorry if this is wrong way)
thanks in advance
“If there is a good will, there is great way.” :D

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CR001
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Re: Stay in Pakistan

Post by CR001 » Mon Nov 26, 2018 6:50 pm

Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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CR001
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Re: Stay in Pakistan

Post by CR001 » Mon Nov 26, 2018 6:51 pm

Capri wrote:
Mon Nov 26, 2018 6:33 pm
Respected gurus and members,
Before I have asked questions of my one family member, he has applied for his partner/wife and her son (from ex husband) from here, through solicitor, her wife got visa but her son got refusal, reason of refusal is that he did not submit affidavit to prove that her mother is his sole responsible for his upbringing,
now I have a question regarding this issue, as this forum is always helpful.
Now she has collected her BRP, and returned Pakistan because of her son, she has already made appeal, but as we can not say anything how long the process will be, and she is now in Pakistan with her son, how long she can stay there? is there any time period she has to come again in here?
(I have asked this question to continue my previous post but did not get any answer so started new topic, sorry if this is wrong way)
thanks in advance
There is NO absence limit for spouse settlement visa holders.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Stay in Pakistan

Post by physicskate » Mon Nov 26, 2018 6:52 pm

Appeals can take a year or more. It may be quicker to re-apply. Did she submit proof of sole responsibility with the original application?? If not, the appeal may be doomed to fail anyway.

There is no absence limit, provided she will be able to prove living with her husband for the two years preceding her next application.

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Capri
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Re: Stay in Pakistan

Post by Capri » Mon Nov 26, 2018 7:44 pm

physicskate wrote:
Mon Nov 26, 2018 6:52 pm
Appeals can take a year or more. It may be quicker to re-apply. Did she submit proof of sole responsibility with the original application?? If not, the appeal may be doomed to fail anyway.

There is no absence limit, provided she will be able to prove living with her husband for the two years preceding her next application.
thank you very much physicskate :)
“If there is a good will, there is great way.” :D

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Capri
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Re: Stay in Pakistan

Post by Capri » Mon Nov 26, 2018 7:47 pm

CR001 wrote:
Mon Nov 26, 2018 6:51 pm
Capri wrote:
Mon Nov 26, 2018 6:33 pm
Respected gurus and members,
Before I have asked questions of my one family member, he has applied for his partner/wife and her son (from ex husband) from here, through solicitor, her wife got visa but her son got refusal, reason of refusal is that he did not submit affidavit to prove that her mother is his sole responsible for his upbringing,
now I have a question regarding this issue, as this forum is always helpful.
Now she has collected her BRP, and returned Pakistan because of her son, she has already made appeal, but as we can not say anything how long the process will be, and she is now in Pakistan with her son, how long she can stay there? is there any time period she has to come again in here?
(I have asked this question to continue my previous post but did not get any answer so started new topic, sorry if this is wrong way)
thanks in advance
There is NO absence limit for spouse settlement visa holders.
thank you very much CR001 :)
“If there is a good will, there is great way.” :D

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