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jbt
20th April 2009, 16:59
my daughter's application for settlement was refused, we would like to make an appeal, but we are not qualified for a free immigration services and we have to pay for a private solicitor, we have checked the fess and it is approximately 100-200 an hour plus other expenses, we are afraid that we may not be able to afford it if it will take couple of thousands of pounds for the whole process.

we would like to ask you guys is it possible to re-apply for the settlement with more supporting documents, if so? how long can we apply again after the date of refusal?

Thank you,

Jonah

joebloggs
21st April 2009, 17:27
my daughter's application for settlement was refused, we would like to make an appeal, but we are not qualified for a free immigration services and we have to pay for a private solicitor, we have checked the fess and it is approximately 100-200 an hour plus other expenses, we are afraid that we may not be able to afford it if it will take couple of thousands of pounds for the whole process.

we would like to ask you guys is it possible to re-apply for the settlement with more supporting documents, if so? how long can we apply again after the date of refusal?

Thank you,

Jonah

you've still not said why your daughter was refused, but if you think there was nothing wrong with your visa app and evidence, then write to the ECO manager at the British embassy in the phils, asking for your app to be reconsidered, if they still refuse it, but you think your evidence is good, and you can't afford a solicitor, doesn't your husband want to represent himself at the hearing ? if so then lodge an appeal then.

but as you've said, it probably would be cheaper and quicker to re-apply for another settlement visa if you didn't include all the evidence you should have, i think you can do that asap but that depends on reasons for refusal thou..:doh

georyz
22nd April 2009, 10:07
Am sorry to hear that your daughter's visa was refused.

Based on my experience, when we applied for my wife's visa it was refused in manila due to the balance of probabilities that the marriage was subsistence since we get married within the first time i met her but everything had been plan 6 months before the wedding.

We made an appeal. I consulted the immigration lawyer and ask how much she will charge me and what she'll do. She quoted me £500 for her to write a response letter, check and arrange the papers for the appeal. She told me to let my wife write a letter also to support their letter by answering the reason for refusal. I then submit the appeal documents and they waited for the reply from manila and since they dont get any reply they set a date of hearing. While waiting for the hearing date my wife and I prepare all the documents and added more documents (evidence) like chats, emails, more pictures and letters, more travel tickets as i have visited her a few times and more western union receipts.
On the hearing day. I went alone with the new set of documents (3 big bunch). Inside the room me, the judge, the secretary (taking down notes) and from the HO. The judge asks me do i have a lawyer i said not this time but i have a letter from my lawyer. Why didnt you bring any witness, I said i can't bring all my clients as they have their own work too. Then they interview me about our relationship. Since the HO cant find any problem with the relationship, he went to go on our savings mine is £2000+ at the time of hearing and also my wife's savings account (she's working in PI). He told me i dont have enough money in my savings, i replied to him if you look at the western union receipts you can see how much money i have sent to my wife and the expenses we paid for this appeal like getting a lawyer. So he calculated everything infront of the judge and then the judge overruled the decision. We WON the appeal, they congratulated me but we have to wait again for their decision letter to come by post. We waited 2 months before the letter arrived and my wife had to send her passport to the embassy to have her visa stamped on it.
Am very happy that time cause while waiting for my turn people come out of the room disappointed. There are those with lawyers with them but failed to win the case. Am just lucky Ive won it myself.
Now we are happy living together and hopefully to apply for her ILR soon.

Good luck.

Belmontboy
22nd April 2009, 10:39
My understanding is that there is no time limit / constraints about re-applying, but what you MUST do, is make sure that the reasons why your visa was rejected are NOT repeated. If it was rejected because, for example, there weren't enough financial documents, then make sure you supply all that is required. The best advice is to treat the re-application as a brand new application, and to include EVERYTHING that is asked for, absolutly EVERYTHING.

Good luck !

jbt
23rd April 2009, 06:02
Thank you so much guys, just to hear from you makes me feel a bit better

I do apologize mod joebloggs, my head's spinning with what to do and how to do the appeal...the reason for my daughter's refusal was that the ECO was not satisfied that I have the sole responsibilty for my daughters upbringing since my sister acts as her guardian. Before i came here to UK, I was working in another Country for the same reason as the other filipinos, to provide a good life for my daughter and other reasons that are too complicated to explain. Although I was working abroad, my sister did not made any decisions for my daughter, all the main decisions in her upbringing was done by me.

The ECO said that the father and the aunt has made all the main decisions in my daughters upbringing. My ex-partner who see's my daughter more or less twice a year like birthdays or christmas does not really communicate with my daughter.

We made an appointment with an immigration adviser £170 for first consultation and the next meetings will either be 100/200 an hour, I hope she is really good and will be able to really help us.

Please wish us luck.

Thank you.

benb
23rd April 2009, 14:18
Thank you so much guys, just to hear from you makes me feel a bit better

I do apologize mod joebloggs, my head's spinning with what to do and how to do the appeal...the reason for my daughter's refusal was that the ECO was not satisfied that I have the sole responsibilty for my daughters upbringing since my sister acts as her guardian. Before i came here to UK, I was working in another Country for the same reason as the other filipinos, to provide a good life for my daughter and other reasons that are too complicated to explain. Although I was working abroad, my sister did not made any decisions for my daughter, all the main decisions in her upbringing was done by me.

The ECO said that the father and the aunt has made all the main decisions in my daughters upbringing. My ex-partner who see's my daughter more or less twice a year like birthdays or christmas does not really communicate with my daughter.

We made an appointment with an immigration adviser £170 for first consultation and the next meetings will either be 100/200 an hour, I hope she is really good and will be able to really help us.

Please wish us luck.

Thank you.

Hi JBT, could you post a copy of the refusal letter here. it will be easier to offer advise.

good luck