paging Joebloggs, Somebody, Darren-b and all

[jaishann]

Hello again,

JoeBloggs and Somebody hope you still remember my daughter's visa being refused and i logged appeal in Sep 09 all I got is letter from Tribunal and nothing from Phil Embassy so basically I dont know whats going on.

My question is now that I am British Citizen do I have to send Phil Embassy a copy of my passport? Is it something to consider a "change of circumstance?"

I am thinking of ringing them tomorrow just to get an update although it does says in the letter from AIT that most likely if the ECM will not overturn the decision then there will be an oral hearing sometime in Feb 2009.

And also my daughter was 17 when i applied for her settlement visa to join us but then AIT is requiring me to get letter from my daughter appointing me as her Non legal representative (that is if I want to receive documentation apart from what they send to my daughter.) I am the sponsor and I am also the one who will represent her here in the UK if there will be a hearing --

Thanks a lot . Happy Christmas

[joebloggs]

What happens when an appeal is lodged?
When the AIT has recorded your appeal they will send a Notice of Receipt to the visa section that refused your application. You should enclose all additional supporting documentation with your appeal. When the visa section receives the Notice of Receipt, an Entry Clearance Manager (ECM) will review the decision to refuse your application in light of your Notice of Appeal and any supporting documents. If the ECM is now satisfied that your application meets the Immigration Rules, the original decision may be overturned, and entry clearance issued.

If the ECM does not overturn the decision, an ECO will write a statement to explain why the ECM decided to uphold the decision to refuse your application. This will be sent with all your papers (the appeal bundle) to the AIT. This process can take some time. The appeal bundle will be prepared and sent to the AIT within 20 working days for non-settlement cases and family visit cases. For settlement cases, the papers will be prepared and sent within 60 working days. These timings exclude postage and times to or from the visa section.



http://www.ukvisas.gov.uk/en/howtoapply/infs/inf19appeals#Q5

as for being a British citizen now, i'm not so sure it would make any difference, but ask them when you phone them.

what is your daughter doing, is she working ? when is she 18 ?

i can't remember why your daughter was refused :doh

well if it goes to a hearing, with a bit of luck the HO will not turn up and your daughters visa will be granted :rolleyes:

[jaishann]

What happens when an appeal is lodged?
When the AIT has recorded your appeal they will send a Notice of Receipt to the visa section that refused your application. You should enclose all additional supporting documentation with your appeal. When the visa section receives the Notice of Receipt, an Entry Clearance Manager (ECM) will review the decision to refuse your application in light of your Notice of Appeal and any supporting documents. If the ECM is now satisfied that your application meets the Immigration Rules, the original decision may be overturned, and entry clearance issued.

If the ECM does not overturn the decision, an ECO will write a statement to explain why the ECM decided to uphold the decision to refuse your application. This will be sent with all your papers (the appeal bundle) to the AIT. This process can take some time. The appeal bundle will be prepared and sent to the AIT within 20 working days for non-settlement cases and family visit cases. For settlement cases, the papers will be prepared and sent within 60 working days. These timings exclude postage and times to or from the visa section.



http://www.ukvisas.gov.uk/en/howtoapply/infs/inf19appeals#Q5

as for being a British citizen now, i'm not so sure it would make any difference, but ask them when you phone them.

what is your daughter doing, is she working ? when is she 18 ?

i can't remember why your daughter was refused :doh

well if it goes to a hearing, with a bit of luck the HO will not turn up and your daughters visa will be granted :rolleyes:

Thank you Joebloggs as always....

no shes not working, she turned 18 June 09. the reason why she was refused coz of sole responsibilty and custody issues also ECO think recourse to public funds to maintain her here is possible. My bank statement has no overdraft but had small ending balance when i applied. I sent all docs to AIT Sep 2009 and all the western union receipt from 2006 to present. I am currently in full time job in accounts department and doing AAT at the moment, my husband is a taxi driver and i dont think there is much chance for us to be in dole. Thanks you once again.

[pennybarry]

Sorry to hear that Jaishann, and I wish it will be sorted out soon.
If you have hearings in the future, don't loose your hope.
Prepare all the docs they need and prepare yourself to defend your daughter to live with you. You can do it!
I'm not very sure about her age, but if you made applications before she reach 18, then you still have chance.
Goodluck!

[IainBusby]

Thank you Joebloggs as always....

no shes not working, she turned 18 June 09. the reason why she was refused coz of sole responsibilty and custody issues also ECO think recourse to public funds to maintain her here is possible. My bank statement has no overdraft but had small ending balance when i applied. I sent all docs to AIT Sep 2009 and all the western union receipt from 2006 to present. I am currently in full time job in accounts department and doing AAT at the moment, my husband is a taxi driver and i dont think there is much chance for us to be in dole. Thanks you once again.

I think the trouble with your appeal is going to be that regardless of sole responsiblity/custody issues on which you were initially refused, she is now 18 and considered an adult, I think you should have applied to bring her here a lot sooner.

[jonathan47]

i agree she will be considered an adult, although some family reunion issues apply if she has no other family... you might have to wait untill you are a brit cit ..sorry you have strong grounds for family visit visa !....not sure about settlement maybe someone else on the forum could advise darrenb or joe bloggs


good luck

regards

jj

[joebloggs]

i agree she will be considered an adult,

yes but she could still be a dependant adult,

when did you apply for her visa ? was it b4 she turned 18 ?

under uk law you're an adult once you reach 18,

but if your daughter is still dependant on you, and she doesn't live an independent life, is not married, not working, even better if she was a student, then you could still have a chance even if she is 18 or over, and i think that chance would increase if you applied b4 she was 18.