happy and sad

[bruce]

iv got my spouse visa granted today but my 5 yr old was denied..

we want to appeal do u know any good solicitor or lawyer?

what should we do please help! im just crying at the moment---nivea

[juvyjones28]

Hi ate nivea, congratulations on your spousal visa approval and I'm sorry to hear about your son's refusal :NoNo: Can you tell us what was the reason for refusal? A letter of reconsideration to the ECM might do but you must also lodge your appeal. I suggest you pm Terpe about a good lawyer, I'm sure he can give you better advice on what to do. Please don't be sad, I'm sure his application will get overturned. Stay positive. 'This too shall pass'. Godbless! :hug-1:

[imagine]

how on earth can they grant you a visa and not your son, what are these people :NoNo:

keep your chin up, im sure an appeal will win through, get your help and advise,

god help and bless you

[bruce]

oh my all i do is cry at the moment,im waiting for my hubby from work i will stay up awake until he comes back..he said he will make a better explanation becos i really cant at the moment i am just too emotional..D---mn it..that is too much becos

1.) the biological father already gave a consent so i really do not understand why??

2.)the fact that on religious circumstances,,my son also changed religion like mine (i also gave the immigration my son's religion certificate)..and his father did not do anything about it!! i have the sole responsibilty dont i?

3.) i pass all my son's book homework pages with my signature for everyday

my hubby and i both wanted to do anything we have to do as in ryt now!

juvyjones,and imagine.. thank u for your comments,im sorry my brain is not working well to explain much ryt now..

my son grew up with us that bio father did not gave anythin as in NOthing.. what makes me cry is that my son thinks we got all oour passports and he is so excited... very excited and i dont want to tear his heart...he is a 5 year old..

[joebloggs]

have you ever lived apart from your son ?

does the bio father still have contact with your son ?

need to know the reasons for refusal.

[Arthur Little]

what are these people :NoNo:

:furious3: ... totally heartless!

[imagine]

im sorry i dont know the right advise for you, im sad to hear such a heartless decision,

im sure and hope terpe will be able to advise you better,

easy to say i know but try not to get too down about it just now, see what advise you get, i feel sure myself that this will be overturned, god bless

[marysunderland]

Hi Nivea,

Prayer helps.. I'm going to apply also my son's visa soon..Our case is also complicated..My son's my biological son and adopted by my husband in Philippines and he's passport named after my husband's even in school he uses his adoptive name..the problem is d Adoption is not recognized here in the UK.

I just hope and pray not really a big deal of applying a dependant visa for him..

Cheer up..Soon your problem will be sorted..goodluck.

[Arthur Little]

iv got my spouse visa granted today but my 5 yr old was denied..

:sorry-2:, Nivea ... words fail me!!! How on earth can the authorities justfy separating a mother and her child?

[joebloggs]

:sorry-2:, Nivea ... words fail me!!! How on earth can the authorities justfy separating a mother and her child?

probably due to sole responsibilty and\or custody of the child :NoNo:

[bruce]

hi Arthur, yes i agree totally heartless!!!

hi Joebloggs,,

1.i have never lived apart from my son..never..

2.how can i explain this is the sensitive part...,(i wish ud understand cos im not how english talks or explains) the father never had any contacts...my hubby stays here in philippines every 2 or 3 months he goes back here and lives with us for 4 months to 5 months...my son,,is always with us... then we applied for visas,i had to see the bio father to make arrangements so hed give a consent,,and being good persons,my husband and i allowed him to visit my son every saturday 10 am to 6 pm only and it was also written...we thought its just normal bcos we just dont want to be bad parents someday if my son asks??

can i share the refusal here? and the paper with the father's signature??? how can i post it on this forum if i can? so u will have a better idea ? ): pls help us..

sincerely yours--nivea

[joebloggs]

maybe the bio father has objected to the embassy about your son leaving the phils??

need to know exact reasons for refusal.

i have to work now.

[bruce]

oh and my hubby came here for xmas til new year,,,my son has just been with us....

my 5yr old son dont talk to bio father and dont like it when hes father gets him on saturdays,,and when he comes back,,,he will say "mom im hungry i didnt eat anything there..."--oh dear sorry for bein too emotional..but i cant let it happen if we leave my son here... if only theyd (CEO) here my son talk..theyd give it him

[bruce]

JoeBloggs,i believ and my hubby believ that bio F will tell...cos the bio was too willing to sign the papers..he never even asked anything in return???? just visit on saturdays and sometimes he dont show up and no warnings? he really do not care at all---but who knows? maybe ur ryt...

[bruce]

you are very right Arthur Little,,,how on earth would i leave my 5 yr old??? or how on earth would i tell him his passport has no visa in it?? he wont even understand...he is here ryt now with me just very happy and im at the computer hiding my bloody tears...

hubby just phoned to say gudnyt to him--also the phone calls we submitted all of it..even pics of them chatting

[Stevi]

I am sad to hear this I pray this will eventually turn out good. My prayers will be with yuo and your son. I am confident that your son will be leaving with you mark my word I am confident

[bruce]

thank u stevi for ur kind words and prayers...

please help us do u know a good lawyer or solicitor to help us do the appeal?? please help im panicking

[rusty]

Sorry to hear that his visa was refused. Why would they refuse it knowing that it could seperate the family :NoNo:

If you are able to put the reasons they gave for the refusal, then maybe we can give more advice.

[aim_angel]

I'm so sorry to hear about your son's refusal! I am not good and not 100% perfect but maybe because of the bio dads consent? well I don't know but like what rusty said, if you can post the reason of refusal maybe we or they can help you ;)

[Rosie1958]

What a terrible position to be in, my heart goes out to you Nivea and Bruce. Try and stay strong for each other and your son. I sincerely hope that you are able to successfully appeal against this ridiculous decision :xxgrinning--00xx3:

[bigmarco]

Hi very sorry to hear about your bad news and fully understand how you are feeling at the moment. Perhaps if you can post the reason for the refusal I'm sure our experts will be able to offer some guidance.
I must say I find it very strange that in my wifes refusal amongst other things the ECO rediculousiy refers to the Abandonment of her child and yet in your case appears to be giving you the ok to abandon your child. Very strange indeed.
Please stay strong and send a letter of reconsideration and please god this silly decision will be put right.
We are all behind you :xxgrinning--00xx3:

[bruce]

they basically have refused saying that they believe the responsibility is shared .... because the bio father does still see Jelly on Saturdays and wants to remain in contact with Jelly when Jelly is in England (again that was our idea ..we told the father he can ring and even see Jelly on skype if he wishes when we move to England) ...

I allow the father to see Jelly between the hours of 10am - 7pm ...on Saturdays only (this was my idea because we both felt me and my husband that Jelly should always know who is father is) very often the father will not even turn up ...when he does he will often bring Jelly back early ..

Gosh there is so much I could say ..not long ago Jelly was very ill in hospital ..I sent a txt to the father ..you can not see Jelly this Sat because he is in hospital ..he never even asked me what was wrong ...

Seems like we are being punished for trying to do the right thing ? ...

Of course we have to appeal ...we have decided to use a Solicitor but my husband felt it would be quicker to use a Solicitor that is based in the Philippines. My husband prefers to use a solicitor that comes fully recommended ..

The other point was ..we have heard we can try sending a letter first rather than take the appeal route ? ..is this right ?

~thank you all so much for your kind words xx

[bruce]

sadly right here is the problem **I acknowledge the vast amount of documents submitted by your mother and step-father to demonstrate their sole-responsibility for you (Jelly) however this is obviously a rather one-sided account of your personal circumstances and I am NOT satisfied that an accurate account has been given**

Its our application we can only point out the truth ..???

[bruce]

this is so funny but makes me cry so hard ..My sons bio father has NEVER made any decision with regards to his son since the day he was born ..never has and never wanted to ..

PLEASE please can someone recommend a good solicitor here in the Philippines

xx

[bruce]

has anybody had any dealings with eco friendly ? http://www.ukvisa-eco-friendly.com/

[joebloggs]

maybe your ex has spoken to them and not been completely honest ?, did you give his contact details ?

it would have been better if he had little or no contact with the child b4 you applied for the visa.

not sure a solicitor in the phils would be any use, all appeals now are held in the UK.
i'll see if i can find you a good one.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/december/23-appeal-fees?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+ukborderagency+%28UK+Border+Agency+latest+news%29

[bruce]

maybe your ex has spoken to them and not been completely honest ?, did you give his contact details ?

it would have been better if he had little or no contact with the child b4 you applied for the visa.

not sure a solicitor in the phils would be any use, all appeals now are held in the UK.
i'll see if i can find you a good one.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/december/23-appeal-fees?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+ukborderagency+%28UK+Border+Agency+latest+news%29

Many thanks for your reply ..

Honestly I don't think my X has ..he really don't want Jelly and never has ...

My husband would prefer to use a solicitor in England but we are worried about the time element ? we are hoping it will be over turned by the ECM rather than go into a full blown appeal .??

[grahamw48]

Using a solicitor based in the Phils would be a total waste of time and money in my opinion.
As has been previously mentioned, it is the BRITISH authorities and regulations that you are dealing with, and it is there that any appeal will be heard/decided.

Reading between the lines, the main problem is the status and wishes of the biological father ...which of course are taken into consideration.

Probably a clearly worded statement by him giving HIS side of the story regarding his present and future relationship with your child would go a long way to clarify the situation for the ECO (or appeal judge).

[imagine]

though you may think a philippine lawyer will be quicker , but as pointed out by graham and joebloggs
it is british lawyer/solicitor you need,
though you may think it would be quicker by phill lawyer, it wont be, and you may loose,
i think it is better even if you think it takes longer a good british laweyer is better for this ,and a better chance of success, which is what matters most,

[bruce]

Using a solicitor based in the Phils would be a total waste of time and money in my opinion.
As has been previously mentioned, it is the BRITISH authorities and regulations that you are dealing with, and it is there that any appeal will be heard/decided.

Reading between the lines, the main problem is the status and wishes of the biological father ...which of course are taken into consideration.

Probably a clearly worded statement by him giving HIS side of the story regarding his present and future relationship with your child would go a long way to clarify the situation for the ECO (or appeal judge).

Many thanks for your reply ..all opinions/views are most helpful :)

You stated a waste of time to use a solicitor form the Philippines? ...our appeal will go to the office in the Philippines ..it will be studied there before going to the UK ..we are hoping with new evidence from the bio father (a statement as you suggested) will over turn there derision and issue us with our visa ?

Now if we use a solicitor from the Uk ...my wife would first need to send some documents here (UK), then then would need to send documents back ...and how could they make or have contact with the bio father who lives in the Philippines (he would need to sign statement) ...surely it would be far more complicated and lenthy to use UK service's in this matter at this stage ?

[raynaputi]

not sure a solicitor in the phils would be any use, all appeals now are held in the UK.
i'll see if i can find you a good one.
http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/december/23-appeal-fees?utm_source=feedburner&utm_medium=email&utm_campaign=Feed:+ukborderagency+%28UK+Border+Agency+latest+news%29

All appeals are processed in the UK now, as what Joe stated..

[Terpe]

iv got my spouse visa granted today but my 5 yr old was denied..

we want to appeal do u know any good solicitor or lawyer?

what should we do please help! im just crying at the moment---nivea
Bruce,

I only just read you post a few minutes ago.
I'm so sorry that to hear what happened.

Yes, you do need to discuss with an experienced and qualified adviser.

I have tried to PM you, but you have elected not to accept PM
Can you change your settings to accept PM?

As others have indicated, this ECO has taken the view that the requirements for 'Sole Responsibility' have not been met.
There is obviously a belief on the part of the ECO that the bio-parent has been responsible in some part for care and has also taken an active interest in the child's welfare.

Sole responsibility can often be a complicated issue and for that reason I feel you need professional help to put forward the strongest case possible.

[bruce]

Oh gosh ..I can fully understand why you are all mostly stating that a UK solicitor would be best ...but I think for sure we will need to submit a statement from the bio father as further evidence in the hope they over turn it ...but how would this process take place? ..bio father is in the phills and solicitor in the UK ..

I don't wish to sound ungrateful ..I am very pleased with all your responses to my problem and will be guided by them x

[bruce]

Bruce,

I only just read you post a few minutes ago.
I'm so sorry that to hear what happened.

Yes, you do need to discuss with an experienced and qualified adviser.

I have tried to PM you, but you have elected not to accept PM
Can you change your settings to accept PM?

As others have indicated, this ECO has taken the view that the requirements for 'Sole Responsibility' have not been met.
There is obviously a belief on the part of the ECO that the bio-parent has been responsible in some part for care and has also taken an active interest in the child's welfare.

Sole responsibility can often be a complicated issue and for that reason I feel you need professional help to put forward the strongest case possible.


Thanks for your reply ...i have looked at settings and it is set to allow ??

[grahamw48]

Oh gosh ..I can fully understand why you are all mostly stating that a UK solicitor would be best ...but I think for sure we will need to submit a statement from the bio father as further evidence in the hope they over turn it ...but how would this process take place? ..bio father is in the phills and solicitor in the UK ..

I don't wish to sound ungrateful ..I am very pleased with all your responses to my problem and will be guided by them x

You're putting barriers in your way that may not exist.

A British solicitor (obviously one specialising in immigration matters) will know how to meet the requirements of the BRITISH ECO.

He will probably just draft a statement to be signed by the child's biological father and then returned. (Delivered and collected by courier if you want to speed things up).
I presume you have the father's address ? :Erm:

Anyway, clearly you're in need of proper legal advice, but from a British immigration lawyer.

[Terpe]

Oh gosh ..I can fully understand why you are all mostly stating that a UK solicitor would be best ...but I think for sure we will need to submit a statement from the bio father as further evidence in the hope they over turn it ...but how would this process take place? ..bio father is in the phills and solicitor in the UK ..

I don't wish to sound ungrateful ..I am very pleased with all your responses to my problem and will be guided by them x

Bruce, there is no problem in writing a letter to the ECM at the embassy asking for reconsideration, It's always a good strategy and often produces the desired result.
ECO's do make errors.

Remember that the ECO/ECM is under no obligation to review any direct communication and that is why it's so very important to follow the appeals procedure in addition to any direct communication you make.

Sole Responsibiltiy is not any part of the Philippine legal or justice system. It is solely used by UKBA in considering visa applications of children.
I cannot image that a Phils based lawyer would have the necessary knowledge or experience of such cases. Just my opinion.

If you change your PM settings I will send some info just for you to consider.
Once you receive it you can change back your settings.

[bruce]

Oh dear ..I never realised ..I thought you could just send a letter of appeal to the ECM with new evidence and try to get him to overturn the ECO decision's ..

Looks like that option has been removed ? ...you can only appeal and that goes straight to the UK ..is this correct ??

[imagine]

Terpe can Bruce change pm status at that level of membership, im not sure but i just thought to mention just incase :xxgrinning--00xx3:

[Terpe]

Bruce, looks like I cannot send you a PM

So I just have to put the information in a different way.

The OISC is responsible for regulating immigration advisers by ensuring they are fit and competent and act in the best interest of their clients

Here is their main website:-
http://www.oisc.gov.uk

You can find complete listings of all Immigration Advisers.


Here is my personal short list possibilities:-
(I am not a solicitor nor do I have any connection to OISC or to any of the organisations listed)

MediVisas 020 7953 3090 http://www.medivisas.com
(contact Victoria Sharkey B.A. (hons) Level 3 OISC immigration adviser)

White Rose Visas 0800 8600851 / 0114 2096247 http://www.whiterosevisas.co.uk
Talbots Solicitors 0800 118 1500 (FREEphone) http://www.talbotssolicitors.co.uk/
Immigration Visa Services - UK 0121 689 9721 http://www.ivs-uk.com


Good luck

[bruce]

Terpe Im sorry I can not change my settings ? ..I have been trying for so long :)

From very carefully reading all your reply's I think I need to do this ?

1) Write a letter to the ECM in the first instance (can I include new evidence ..like a statement from the bio father?)

2) Find a .UK solicitor to help us with the appeal ..

Many many thanks i really appreciate all the help we are getting here ..

[Terpe]

Terpe Im sorry I can not change my settings ? ..I have been trying for so long :(

From very carefully reading all your reply's I think I need to do this ?

1) Write a letter to the ECM in the first instance (can I include new evidence ..like a statement from the bio father?)

2) Find a .UK solicitor to help us with the appeal ..

Many many thanks i really appreciate all the help we are getting here ..

:xxgrinning--00xx3:

Technically, it's not allowed to submit new evidence, however most do at the appeal and it's often accepted.
I also think that technically your idea of a written statement from the bio father could be presented as supporting evidence and not new evidence.
Anyway, there is nothing to lose and everything to gain by doing it.

If it was me I would be doing anything and everythings to get that visa regardless of what the rules said.

[joebloggs]

Victoria Sharkey is well known on many forums :xxgrinning--00xx3:

you should write to the ECM at the embassy in Manila to ask for reconsideration, if i remember correctly once an appeal is lodged the papers are sent to the ECM to reconsider the appilcation before it goes to appeal.

but you really dont want this to go to appeal it could takes many months :NoNo:, ask for reconsideration but send your appeal form in before the time limit.

[joebloggs]

i think there might be more to this than it seems, because of the reason she was refused, they dont believe that you've told the whole story. . many on here have had no problems getting their kids to the UK and some of them kids must have had contact still with their bio father.

[andy222]

Sorry to hear this you must be going through hell. You will get lots of support and advice on this site.

[bruce]

Hi all ..Bruce here the husband ..

We have waited for so long eh to be together for the rest of our lives ..I have often visited the Philippines ..several times a year but it was heart crunching to say bye to my wife and son (step-son) ..so decided the only route to take was to get them here ...well try at least ..I just could not find work out there and my savings were getting very low and I was not getting any younger!!!

We submitted our applications on the 14th Nov 2011 ..we have only just heard ..you can imagine my pain and my wife's pain when our sons was denied ..how could they approve hers but not my step-sons? what do they think we are going to do with him ??

I know the father of my step-son Jelly ..I personally made it my responsibility to get to know him..I will say he has never wanted custody or responsibility and been happy to just make the odd visit ..he was fine when we spoke to him about England but did ask if he could stay in touch from time to time ..of course I told him that would be fine..

We get him to sign a legal document stating the Mother had full responsibly and custody of Jelly and that he was happy for Jelly to reside in England with us ...also on that statement it stated that he wanted to remain in touch and visit Jelly on occasions while we were still in the Philippines ...I thought this would be fine and meet all the Embassies requirements ...apparently NOT ..they stated because he wanted to remain in contact he still shared responsibility?? and that our application was one-sided ..

Nothing more I can add really ...so happy my wife has been granted a visa ..this means all must be well this end ..but so sad my step-son was denied ...

If my wife does not fly here for a while will this have any implications on her visa ? ..she has it for 2 years does this mean she does not have to fly for 2 years ?

Thanks to all ..

[Eyes O'Donnell]

:sorry-2: to hear about your refusal Bruce, it must be annoying :cwm23: after all that wait. Good luck with everything and please keep us updated.

[andy222]

Thats crazy if the father has given consent. Whats the matter with the ukba? They thick or something?
Or is it just a ploy to get the appeal money out of us? These things make me sick.:cwm23:

[bruce]

Yes I feel its very crazy ..not sure what they are trying to achieve ?

I am going to write a letter to the ECM and hope he will see the light ?

Does anybody know the correct address I should use ..thanks

joebloggs who is Victoria Sharkey ? ..am I missing something ?

[bruce]

joebloggs ...its OK I just made a phone call and now i know who Victoria Sharkey is :)

[joebloggs]

hope things getting sorted and it doesn't have to go to appeal :NoNo:

[bigmarco]

Hi Bruce once again sorry for your bad news.
Just to let you know that we have submitted a reconsideration letter to the embassy and I have copy and pasted their reply at the bottom of this post for you to read. We have today submitted the appeal forms to the Embassy in Manila as the forms state that the appeal will first of all pass to the Entry clearance manager for consideration and if he agrees with the refusal the documents are then sent to the UK for the proper appeal. We have not engaged the services of anyone in the UK as yet but will do should the ECM uphold the refusal. I will of course keep you updated and wish you both the very best.

Our reference:


Dear Ms

Thank you for your letter requesting to reconsider the refusal decision, which we have referred to an Entry Clearance Manager.

Above should take the form of an appeal detailing why you think the decision was incorrect and, if appropriate, submitting evidence to address the refusal reason/s.

Details on how to appeal are indicated on the refusal, with the appeal forms, we sent.


Yours sincerely


G Medina

[bruce]

Hi Bruce once again sorry for your bad news.
Just to let you know that we have submitted a reconsideration letter to the embassy and I have copy and pasted their reply at the bottom of this post for you to read. We have today submitted the appeal forms to the Embassy in Manila as the forms state that the appeal will first of all pass to the Entry clearance manager for consideration and if he agrees with the refusal the documents are then sent to the UK for the proper appeal. We have not engaged the services of anyone in the UK as yet but will do should the ECM uphold the refusal. I will of course keep you updated and wish you both the very best.

Our reference:


Dear Ms

Thank you for your letter requesting to reconsider the refusal decision, which we have referred to an Entry Clearance Manager.

Above should take the form of an appeal detailing why you think the decision was incorrect and, if appropriate, submitting evidence to address the refusal reason/s.

Details on how to appeal are indicated on the refusal, with the appeal forms, we sent.


Yours sincerely


G Medina




Very interesting mate thank you for spending the time to reply much appreciated ...you have done exactly what I have in mind of doing ..nothing to lose but everything to gain in the letter ...

Today I have spoken to a third party (in the UK) reference help with our appeal..they informed me that they would submit our appeal in the UK, it would then be sent to the Philippines where they have the option to overturn there original decision, if they decide to uphold the refusal then it gets sent back to the UK in reediness for the appeal hearing ..so UK to Philippines then Philippines back to UK, there is month gone by in just postage times eh ...

Without any doubt in my mind it is worth sending a reconsideration request letter, but one should remember there is no obligation for the ECO/ECM to even look at ANY request let alone reconsider ..BUT they can NOT ignore an appeal ...one must remember the time span given ..don't leave it to late to appeal !!! ..you may NEVER hear back from your reconsideration letter ..

Good luck mate please please keep us informed ....

PS..do you have the address you sent your letter to ..

[Eyes O'Donnell]

PS..do you have the address you sent your letter to ..

Hi Bruce, here's the address :)

British Embassy
Visa Services Appeal Team
120 UPPER MCKINLEY RD.
MCKINLEY HILLS
TAGUIG CITY 1634
METRO MANILA

Good luck:xxgrinning--00xx3:

[imagine]

Good Luck Bruce , i pray for your success and that soon you will be together the three of you,

god bless

[bruce]

Hi Bruce, here's the address :)

British Embassy
Visa Services Appeal Team
120 UPPER MCKINLEY RD.
MCKINLEY HILLS
TAGUIG CITY 1634
METRO MANILA

Good luck:xxgrinning--00xx3:

Many thanks ...

[bruce]

Good Luck Bruce , i pray for your success and that soon you will be together the three of you,

god bless

God bless to you and your family also ...thank you for your kind words .

And a million thanks to all those that replied and offered many words of help in this thread ..God bless you all ..

[pinkpetals]

congrats on your spousal visa approval...but it would have been much better if they approved your son's visa as well..

but don't worry much sis, m sure you can still find a way..just keep on praying..:):)