Appeal against ECO Islamabad

[batleykhan]

My niece's husbands appliction has been refused by the ECO is Islamabad last week.

Her husband sent over the papers to the UK for us to decide what to do.

He was refused under Section281(iv and v)of the Immigration rules and advised to appeal.He was given form A1-2.

He was refused because my niece forgot to send a solicitors letter which confirmed that her father owned the property and that she would be able to live there rent free. This is no problem, we can send this now.

The other reeason they gave us was to do with her employment. Agian this is no problem, as her employer has given her a letter confirmimg what the ECO required. This will aslo be forwarded on to the ECO.

The third reason states"you will seek to find employment in the Uk, however you have no qualification or work experience and there is no indication you speak , write or understand English and is therefore unable to secure employment and to satisfy me you will not recourse to public funds.

My niece husband is 23 and he works with an electrician company locally, learning the trade. He has been doing this for about 3 years and will complete his training in the next few weeks. although his English is not fluent, he has avery good pakistani education. I have no doubt he will find employent, but the problem is how do we convinnce the ECO to give him this chance.

If we complete AI-2 and send the above two doc, what good reason can I give for the third reason?.

Upon recipt of the above form , will the ECO reconsider the above fact before deciding to grant or not grant EC?, or will he say its to late and that we have to go through the formal appeal procedure, which I understand is time consuming?

In Section 5 of the above form ( re Representation ), can I put my name as her represenatative(she dreads going to formal haerings such as these). I have experience of such matters, although I dont have any qualifications/ registered, I did immigration casework of a similar nature some 20 years ago.

If it goes to a full haering, what time limits are we looking at?. Previously it was 6 months?. Someone suggested we re-apply again, but I am reluctant to pay something like £700 again.

I woudl be grateful for any advice from experienced friends on this forum.

Thanks

[VictoriaS]

My advice is that she really should get qualified legal advice.

While I appreciate your experience, this situation is totally different from 20 years ago. As you can see from this site, these refusals happen a lot, and it is important that documents are perfect for applications and appeals.

By going to a qualified consultant, they will advise whether you should appeal, make a new application, or do both.
If appealling, they will know exaclty what documents are necessary to make sure the appeal is successful.

It is is certainly possibly that the ECO can change his mind following the submission of the appeal, but this only happens on a few rare occasions.

Victoria