njoy
21st August 2011, 20:32
My step-sons dependant visa has just been refused. My Filipino wife and 7 yr old step-daughter came here a year and a half ago and now we are finally in a position to financially support my step-sons application, but was shocked at the tone and reason for refusal, which stated as follows:
You are 17 y/o and turn 18 in just over 4 months time. You have never applied to join your mother in uk before now you have stated on your visa app/ form neither of my parents have custody of me but i choose to live with my mother’s parents, not to my father I am already 18y/o and i think i am old enough to decide who i want to be with and i want to be with my mother your decision to relocate to the uk is clearly made out of choice rather than necessity, a choice acknowledged by both of your parents. you have indicated in your statement that you lead in an independent life and are very clear that as you are close to adulthood, that you are willing and able to make your own decisions, you have further stated how u wish to study and work in the uk indicating that will endeavour to continue to lead your independent life there.
My step-son did not apply at the same time as his mother and sister because neither of us had jobs in the UK to come back to and having been out of work for 6 months and then being in the Philippines for 10months, I thought I would find it hard to justify sponsoring the entire family at that time and ensuring that they do not have recourse to public funds. Since we came back here, my stepson has been left in the care of his elderly grandparents. My wife has been the sole provider to her 3 children since she separated from her husband 7 yrs ago and part of the reason for her being granted her marriage annulment was that the father was not and has not supported his children. I did state in the sponsor letter and sent evidence that we are supporting the entire family financially, including my step-sons grandparents, as they are both elderly and not working. We also had a consent letter from his father for him to travel.
I also tried to suggest we have a sense of responsibility by indicating that while my step-son will be living with us, we want him to do a couple of part-time college courses including ESL & ECDL to help him adjust to life here while doing some part-time or casual work to give him a sense of responsibility and also contribute towards the household income, not have recourse to public funds and become a burden to the state. The decision makes false statements that were not included in the application and seems very opinionated rather than having a legal precedence for the refusal decision.
I know we can appeal but I am not sure what else the ECR wants here.... I thought we did everything they wanted, even sending copies of remittances sent to the family.
Any ideas anyone? Other posts I read seem to suggest a much easier process than we experienced.
You are 17 y/o and turn 18 in just over 4 months time. You have never applied to join your mother in uk before now you have stated on your visa app/ form neither of my parents have custody of me but i choose to live with my mother’s parents, not to my father I am already 18y/o and i think i am old enough to decide who i want to be with and i want to be with my mother your decision to relocate to the uk is clearly made out of choice rather than necessity, a choice acknowledged by both of your parents. you have indicated in your statement that you lead in an independent life and are very clear that as you are close to adulthood, that you are willing and able to make your own decisions, you have further stated how u wish to study and work in the uk indicating that will endeavour to continue to lead your independent life there.
My step-son did not apply at the same time as his mother and sister because neither of us had jobs in the UK to come back to and having been out of work for 6 months and then being in the Philippines for 10months, I thought I would find it hard to justify sponsoring the entire family at that time and ensuring that they do not have recourse to public funds. Since we came back here, my stepson has been left in the care of his elderly grandparents. My wife has been the sole provider to her 3 children since she separated from her husband 7 yrs ago and part of the reason for her being granted her marriage annulment was that the father was not and has not supported his children. I did state in the sponsor letter and sent evidence that we are supporting the entire family financially, including my step-sons grandparents, as they are both elderly and not working. We also had a consent letter from his father for him to travel.
I also tried to suggest we have a sense of responsibility by indicating that while my step-son will be living with us, we want him to do a couple of part-time college courses including ESL & ECDL to help him adjust to life here while doing some part-time or casual work to give him a sense of responsibility and also contribute towards the household income, not have recourse to public funds and become a burden to the state. The decision makes false statements that were not included in the application and seems very opinionated rather than having a legal precedence for the refusal decision.
I know we can appeal but I am not sure what else the ECR wants here.... I thought we did everything they wanted, even sending copies of remittances sent to the family.
Any ideas anyone? Other posts I read seem to suggest a much easier process than we experienced.