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Ady
27th October 2008, 19:03
Hi all,

I recently spent some time with a solicitor at the immigration advisory service. I went there with a lot of questions from reading this forum, but also my own personal questions.

I will post when I get the full report back from them, but I just wanted to add one thing here for anyone applying that has a dependant child. The solicitor told me that the main thing to prove when bringing a child over, is that the applying parent moving to the UK has sole responsibility. This can take the form of a letter from the second parent, or it can take the form of bills/receipts showing that the moving parent has been the one taking full responsibility in terms of education and health.

The solicitor told me that, if the applying parent worked away from home, and the child was left in the custody of her grandparents, for example, then the ECO could argue against the case of sole responsibility. The solicitor also told me that, in my case, it is better to apply for this as part of a fiancee visa, since my fiancee leaving her daughter behind could be deemed as forgoing her claim as having sole responsibility for her daughter. Just to recap - I was querying whether to apply for her daughter after the marriage.

I am still waiting for the summary, most of what she told me was already posted here in many forms. I just wanted to share the information here. The solicitor said that the ECO are generally quite cynical (I suppose that is a requirement) so you have to review your application cynically too. She has dealt with many appeals (I hope to God I don't need her help in that), but she said that we have a strong case. She has dealt with a few cases that she has thought were ridiculous, but they have been successful.

The only negative thing she mentioned to me was that, because our Visit Visa was refused previously, they will look into it. The fact that, when we applied for a visit visa 2 years ago, we put our relationship as friends (not boyfriend/girlfriend). She said it is common for people to apply in this way, at the time we applied a VV my fiance was not yet annulled hence the reason we described it as friends.

What the visit confirms, though (AND A BIG PAT ON THE BACK), is that this forum is genuinely spot on in it's advice to people making these applications. Hats off to all contributors, you are doing a great job here.

One thing she added, maybe in South East Asia some people in some countries will have to travel to Manila or Bangkok to make an application, as the VFS are closing in some nations. Making it very hard for skilled people with poor finances to apply. Very unfair, but it is a costly business for the Government (but the £500 application fee makes it a bit sweeter).

andypaul
27th October 2008, 19:12
Dont worry to much about Appeals, its like asking a fireman does he see a lot of fires?

Like you have gathered it does seem to make sure you think several steps ahead in this game.

Ady
27th October 2008, 19:15
To be honest, I am not too worried about appeals. Like you say, you have to think many steps ahead. Her advice was pretty much common sense. Just make sure everything is well explained, with reasons for any weaknesses in an application.

kimmi
27th October 2008, 19:26
hi Ady,

about her previous application of VV that was denied, I dont see it as a problem when u're planning to apply another visa soon whether it is fiancee or spouse..

when I applied VV before I also got refused and we also put there that we're friends..

but after gathering enough evidence to prove to them that we really love each other and are genuine with our intention to marry and to live together voila my fiancee visa application was granted in 5 weeks.

hope it helps..:)

Goodluck..

joebloggs
27th October 2008, 20:07
your g/f has custody or a court order for her child ?

yes you need to show that you've been supporting the child if you're in the uk, e.g. money transfers, pnb are good because they send you a printed receipt for money transfers- good evidence :xxgrinning--00xx3:..

yes, they could argue the case if the grandparents or relatives are looking after the child,.that's why it's also important on your g/f visa app, in the additional info part, to put once your both settled, you will by applying for a settlement visa for her daughter, that's if your not bringing her with you straight away. and mention she will be staying with her grandparents til then, as its also important she finishes schooling etc... and photocopy your g/f app, and when you send her daughters app, send a copy of the photocopied app page stating you intended to apply for a visa for her.

I've heard of some real horror stories from embassies,. not in the phils, but another part of Asia, where they have interviewed kids who are 8yrs old on their own :NoNo:, even thou it's against their policy.


if the child is refused a visa, then you should have a right to appeal, and you will with the right evidence win that appeal. so i wouldn't worry about what IAS told you too much, most if not all on here, got their kids to the uk without any problems, me included :xxgrinning--00xx3:

Ady
27th October 2008, 20:52
Hi Joe,

Honestly I am not worried in what the IAS said. I just thought maybe the information would help others here (particularly with them advising to apply as part of the fiance application). I will post what else was said when I get the documents - some of it is useful, or extra snippets of advice. Most of it is repeated here anyhow.

My g/f was given custody as part of the annulment process.

Hi Kimmi,

Thanks very much for your information. I admit that little bit worried me a little, but it can be easily explained.

Thanks guys.

andypaul
27th October 2008, 22:49
Look forward to reading the further info you find out Ady.

Asking more for others but how easy was it to get an appointment, was the office busy, etc?

tiN
27th October 2008, 22:52
hi Ady,

about her previous application of VV that was denied, I dont see it as a problem when u're planning to apply another visa soon whether it is fiancee or spouse..

when I applied VV before I also got refused and we also put there that we're friends..

but after gathering enough evidence to prove to them that we really love each other and are genuine with our intention to marry and to live together voila my fiancee visa application was granted in 5 weeks.

hope it helps..:)

Goodluck..

That happened to me also, i tried to apply VV first but got refused, as soon as we took all the proper documents and advice of the Philippine Ambassador in Edinburgh, I put my application in for my fiancee visa, and after 8 days, i got my passport stamped.:)

joebloggs
27th October 2008, 23:13
Asking more for others but how easy was it to get an appointment, was the office busy, etc?

couple of years ago, i phoned IAS many times, never got thru , emailed them at their head office and at their Manchester office, never got a reply :action-smiley-081:, bad service.. i ended up phoning a couple of law centres :xxgrinning--00xx3: and another immigration charity :xxgrinning--00xx3:

Mrs.JMajor
28th October 2008, 00:31
will wait for another post ADy............................:)

Ady
29th October 2008, 20:42
I paid a visit there for one of their drop-in sessions, and had an appointment a week later. I used them before, when our visit visa was refused, but found it was not helpful. However, this time there was some great little ***-bits of advice. I am waiting for the report back from them, because I don't want to get anything wrong or give misleading information. But, 90% of what she told us was available on this forum.