Wife visa granted...2 kids refused! Help please!

[MarkR]

Having got all excited when we received the email from VFS saying the 'visa' was on it's way my wife and I are now devastated - when she opened the parcel she found refusal notices for the kids visas!

Despite doing everything I could to try to prove sole responsibility it seems the ECO has chosen to believe that the natural father of her kids is still involved in their life, which he most certainly is not!

It seems that we need to use form IAFT-2 or apply online via the Ministry of Justice website to appeal. Does anyone have any experience of doing this?

I am not sure what extra evidence we can provide to support the appeal anyway!

On a related note- my wifes visa WAS granted. Would she be able to visit for a month using her settlement visa?

What happens if the appeal succeeds but not until 6 months have gone by - her visa by then will have less than 2 years to run?

Sorry this is not very coherent, I only found this out this morning at 6.30am and I feel desperate. Can anyone recommend a good immigration advisor that could help us please?

Mark.

[lastlid]

WOW. Sympathys on this outcome, Mark.

[joebloggs]

seems kids are being refused more often now :angry: maybe its the start of something :NoNo:

has your wife ever been apart from her kids ?
do they have any contact at all with their bio father?

i take it your wife got a 27 month spouse visa? if so she can stay in the phils for nearly 4 months b4 she has to come to the uk without the need to apply for flr later.

she could come here and go back to the phils but depending on how long she goes for, she might need to apply for flr later, less than 3 months a year outside the uk she shouldn't have a problem getting ILR later without the need to apply for FLR.

[MarkR]

Yes my wife got the full visa length but with appeals seemingly taking forever it is hard to see how it will not be much less than 2 years left by the time any outcome is known.

We submitted an affidavit signed by the father saying he gives responsibility to the mother etc etc but that seems to have backfired as the ECO seems to be suspicious about it for some reason. He also says we need a court order to prove she has responsibility for the kids despite Filipino law automatically granting responsibility to the mother when the child is under 7 (and hers are 2 and 4).

The father lives in Quezon City, Metro Manila whilst my wife lives in Butuan, Mindanao, they do not have contact for the last few months, something which the ECO again feels is suspicious!? I provide ALL of the financial support for my wife and the kids and we included all the money transfer documents to prove it.

We have 28 days to appeal but if they are insistent that a court order is needed then I don't see how we could possibly get one in that space of time, so what to do? Do I write off £2700 in visa fees and re-apply from scratch in another 6 months time! It was stressful enough the first time around.

[Eyes O'Donnell]

Hi Mark,
Congratulations on your wife's visa success and sorry to hear about your kids refusal.
God bless

[imagine]

my Sympathy to you on this outcome, i just cant understand passing your wifes visa but not the children, i just wonder what mentality they have,:NoNo:
i wish you much luck to get this resolved,

[joebloggs]

definate increase in the number of settlement visas being refused for kids due to Sole responsibility :NoNo:, why now ? something is going on :angry:

[lastlid]

my Sympathy to you on this outcome, i just cant understand passing your wifes visa but not the children, i just wonder what mentality they have,:NoNo:
i wish you much luck to get this resolved,

An act of devilment? Or just thoughtlessness?

You would think they would have communicated with Mark and given him the option to defer the visa......

[aim_angel]

I am so sorry to hear about your kids visa refusal. :NoNo:

[bigmarco]

Hi Mark very sorry to hear your bad news. My wife and I have recently had our spousal visa refused and are currently in the process of submitting our appeal. However under advice from some of the very knowledgeable people on this forum we have initially submitted a letter of reconsideration to the Entry Clearance Manager at the Embassy detailing the errors that were made in our refusal and asking for him to reconsider the matter. There is no guarantee that he will but its certainly worth trying. In the meantime we have continued with our appeal which will shortly be submitted in the Uk.
One of our other Members has recently had his wifes visa granted and the childs refused in almost identical circumstances to you and I believe he is submitting a letter of reconsideration aswell as his appeal form.
I'm sure you will get more advice from our experts but in the meantime in view of the time it could take to get to appeal was wondering would it not benefit your case if your wife applied for a court order.
My sincere best wishes to you both and I hope it will not be to long before you are all together in the UK.

[Arthur Little]

Congratulations on Ann obtaining her Spousal Visa, Mark. However, I'm so sorry to learn of the less successful outcome relating to her childrens' applications. Indeed, only last week, we were informed of a similar instance ... where the wife's settlement was granted and that of her 5-yr-old son denied [see the relevant thread 'Happy and Sad' by Bruce]. Perhaps you might care to :ReadIt: and compare notes.

:rolleyes: Purely a suggestion.

[RickyR]

Was your wife married to the father of the child and the annulled? If so, please check the decree as it will show the custody granted for the child, most likely sole custody. This may be a useful piece of evidence.

The immigration rules have some quite clear requirements on issuing visas to step children, and often its a case of proving that the father has had no responsibility towards the children etc. You may need to make a legal affidavit to this effect, which would be useful to send for the reconsideration. This can be done very easily through a solicitor, although the best way would be to have it done through a DFA approved solicitor and have it DFA attested.

[MarkR]

I've copied one of the refusal notices below, after removing names etc. The other is the same. There are some more words which did not get scanned I put them in below the image.

http://dl.dropbox.com/u/27597403/Refusal1.jpg
I have therefore refused your application because i am not satisfied, on the balance of probabilities,that you meet all of the requirements of the relevant paragraph of the uk immigration rules.

<My Wifes Name>: in reaching this decision to refuse your visa application, I have given careful consideration to your qualified right to the family and private life under article 8 of the european convention on human rights.
<My Wifes Name>: however I am satisfied that any perceived interference with your right to the family life under article 8 is proportionate to the aim of maintaining an effective immigration control and does not therefore breach your convention right. In additional,I am not satisfied that there are any insurmountable obstacles to your family member travelling to the Phillipines to enjoy family life with you in this country.

<My Wifes Name>: visit www.justice.gov.uk

[cessxy]

Sorry for the refusal of your step kids. Ive notice that eco refused a visa with the signed of biological father recently. Maybe better not to submit that instead? correct me if im wrong.

[MarkR]

The assertion that due to the wording of the affidavit that they (MY wife and her ex partner) still live together beggars belief...do they think every time I visited (4 times in 1.5 years) that we had a threesome!! What planet does this ECO live on? His reference was in the PAST tense!

The father (and no they were never married, in fact she found out he was already married with 6 legitimate kids) lives in Q.C. on Luzon (where he works for the deputy prime minister so fairly necessary that he lives there) and my wife lives in Butuan in Mindanao, about 600 miles and several islands apart.

The reason he no longer has any contact is because he can't be bothered anymore trying to talk to his son because his son doesn't like him. As for the 2 yr old daughter she doesn't even know him.

How do I formulate a measured reasonable appeal when I am so angry I want to rip out the heart of the ECO (though obviously he or she does not have a heart).. AHHHHHH.

Well if anyone has any suggestions or would like to see the affidavit (or even the whole Sole responsibility pack we submitted) I would be very grateful. I followed the other thread that was mention (Happy and Sad) and indeed it is similar so I may be ringing some UK solicitor tomorrow.

[RickyR]

Hi Mark,

Unfortunately, without realising it, you've shot yourself in the foot with the evidence you provided. Without the statement from the father and without mentioning that he had any involvement, then you would have been absolutely fine, hindsight is a wonderful thing. That being said, I'm almost certain this is an issue that you will be able to overcome.
I don't think they were suggesting that your wife and her ex partner were living together, more that custody and responsibility of the child was shared somehow.

The first part is to know what immigration rules they base their ruling on and this is the following


(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child's upbringing; or

(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and


http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children/

You have to ensure that your can meet one of those two requirements, and often in your letter of reconsideration it is worth quoting either of those paragraphs and relating your situation to how it meets that.

What is the situation in terms of sole custody? Was your wife and her ex-partner previously married. Can you obtain sole custody? Can you give the reasons why her husband has lost contact.

If the father had failed to show the best interests of the child by providing a supporting letter, then you'd have been able to prove that it was in the childs best interests not to remain with him.

Your next step will probably have to be a claim of sole custody through the courts.

[Terpe]

MarkR,
I am truly sorry to hear this awful news.
You did your best and followed the guidance as best you knew how.
There are a number of similar cases now that follow similar reasons for refusal.

My advice is to follow precisely the appeals route and be sure it's within the time allowed.
I would also follow up with a letter to the Embassy for the attention of the ECM (Entry Clearance Manager) asking for reconsideration and highlighting the reasons your feel the ECO may have misunderstood the supplied evidence.

Now personally I strongly suggest you seek the help of an experienced and professional immigration advisor to help with the appeal.
I don't know just how long the appeals are taking these days, but the advisor will know.
Also they can help you decide if it's worth making a re-application. Bear in mind the huge cost of re-application and the fact that you will need to strongly counter ALL refusal reasons previously given.

Be guided by the professionals, they are fully up to date with current caselaw. This is much too serious now.

Good luck
My prayers are with you all.

[MarkR]

Thanks Terpe,

I am intending to take your advice and am going to contact a solicitor that someone with a name remarkably similar to yours has already recommended on a similar thread. I only wish I had used the services of one when making the original application.

Thanks to everyone for their best wishes, we really need the encouragement at this time.

[RickyR]

Good luck with it all MarkR, and I'm sure you'll overcome these issues. Don't give up hope.

[joebloggs]

I don't know just how long the appeals are taking these days, but the advisor will know.


sorry to say up to 6 months :NoNo:

[sars_notd_virus]

I suggest an appeal and fresh applications for the 2 kids , unnecesary documents have been submitted with the ECO i dont think they will reconsider it reading about the refusal:NoNo:

[andy222]

An act of devilment? Or just thoughtlessness?

You would think they would have communicated with Mark and given him the option to defer the visa......

Its all about the ukba making money lastlid. This is crazy. Feel sorry for you Mark.

[MarkR]

Well I've just had a long conversation with a very nice immigration adviser that who seems to come recommended by members of this forum. She has read the refusal and the affidavit and thinks there are plenty of grounds to appeal rather than re-apply so I gave her the go ahead.

She agrees that the affadavit (which was not my idea!) was badly worded so that it did sound like they still lived together. But also pointed out that if they truly believed that then my wife should not have got her visa either!

Anyway we now face a nerve racking few month(s) depending on whether the ECM turns over the decision or we have to go the whole appeal route!

[lastlid]

Well I've just had a long conversation with a very nice immigration adviser that who seems to come recommended by members of this forum. She has read the refusal and the affidavit and thinks there are plenty of grounds to appeal rather than re-apply so I gave her the go ahead.

She agrees that the affadavit (which was not my idea!) was badly worded so that it did sound like they still lived together. But also pointed out that if they truly believed that then my wife should not have got her visa either!

Anyway we now face a nerve racking few month(s) depending on whether the ECM turns over the decision or we have to go the whole appeal route!

Well, good luck with the appeal Mark. Keep us posted. :xxgrinning--00xx3:

[andy222]

Thats the problem when you cant explain to the ukba direct.:doh

[Terpe]

Well I've just had a long conversation with a very nice immigration adviser that who seems to come recommended by members of this forum. She has read the refusal and the affidavit and thinks there are plenty of grounds to appeal rather than re-apply so I gave her the go ahead.

She agrees that the affadavit (which was not my idea!) was badly worded so that it did sound like they still lived together. But also pointed out that if they truly believed that then my wife should not have got her visa either!

Anyway we now face a nerve racking few month(s) depending on whether the ECM turns over the decision or we have to go the whole appeal route!

Well done Mark for your quick action.
An experience and smart adviser has the ability to turn things around.
Personally, I think there's probably a number of contributing issues in addition to the wording of the affadavit that influenced the ECO. They certainly seemed under the impression that the bio-father was providing more than a casual responsibility. Make me wonder if he had any additional inputs and/or motivation.

Anyways, good luck Mark, and hope you will be able to share some of your experience as the appeal moves on.
Maybe the letter requesting reconsideration will swing it. It often does if an ECM believes an injustice has been done.

[Stevi]

Hi Mark,
I have applied for Unmarried partner last Feb 7, and also for my 2 children as my dependent so far haven't heard a thing from the uk embassy. In the application form of my 2 children age 15 and 17 I have noted that with their birth certificate, their father and I was married but never was for the intention that the kids could go to exclusive school someday, we did registered we were married and to prrove that the marriage never took place, I provided an evidence from our local registrar which proves that no such marriage existed between me and my ex on that particular date and got also no Record of Marriage at the NSO and lastly a Cenomar that prove that I was never married with Him.so far I am also in agony not sure really if. They will accept all those proof the father giver us consent and I did certified that.
Still waiting for the major decision from them. I am happy to hear that your wife got her visa but she must be Brocken hearted upon learning that she can't take the kids. But I believe nothing is impossible yuo can make it it's just a matter of time don't give up!:)

[lastlid]

Thats the problem when you cant explain to the ukba direct.:doh

Yes. I kind of wish they were a bit more people friendly and more communicative. And a bit more careful when it comes down to peoples lives. Everything is so much more stressful when they mishandle applications.

[Stevi]

2 and 4 where is the heart of the person who refused this visa or Zgod sake they te still babies""!

[MarkR]

Obviously the ECO has no heart at all. Actually after another day has gone by (my birthday too) I feel almost worse than on Thursday. I cannot get over my anger at the ECO. I paid almost £1800 for the 2 kids visas which are identical to consider. For that money I would expect them to perform at least the basic fact checking before accusing me, my wife and all her supporters who wrote letters, of lying. In reality the lazy, incompetent @@@@ seems to have barely done £50 worth of work. He should be ashamed.

[bigmarco]

Mark I know exactly how you feel. All the effort you put into compiling the application and the supporting evidence and they probably dont spend an hour going through your application. Stay strong my friend I'm sure everything will work out fine in the end especially if you can get someone with an ounce of common sense to look at the applications. Good Luck

[Stevi]

Heartless

[MarkR]

Thanks for all the messages of support guys and gals, it really does help. Now to book an anger management course!

[tanga]

Mark
I understand how you feel. A similar situation happened to me 20 years ago and I cursed the manner in which the faceless ECO dismissed the application over what I perceived to be a small but explainable discrepancy. I appealed and won the case but it took a year and was fraught with anxiety.That was then and now is now
You may not like what I am about to say and at the time I would not have wanted somebody to tell me the same but the ECO was "probably" right to refuse your application based on the information submitted,under the rules and was doing his job correctly.
He has no remit to apply any sense of discretion and judges the application under the guidelines laid down to him.
There's nothing personal in it
You have paid a considerable fee for the application and you should now take the refusal to appeal. It would be prudent to engage the services of an expert in these matters to represent you. Immigration matters are complicated and require specialist knowledge and skill.Just transfer your anger at the ECO into energy towards the appeal and hopefully,a successful outcome

[lastlid]

Mark
I understand how you feel. A similar situation happened to me 20 years ago and I cursed the manner in which the faceless ECO dismissed the application over what I perceived to be a small but explainable discrepancy. I appealed and won the case but it took a year and was fraught with anxiety.That was then and now is now
You may not like what I am about to say and at the time I would not have wanted somebody to tell me the same but the ECO was "probably" right to refuse your application based on the information submitted,under the rules and was doing his job correctly.
He has no remit to apply any sense of discretion and judges the application under the guidelines laid down to him.
There's nothing personal in it
You have paid a considerable fee for the application and you should now take the refusal to appeal. It would be prudent to engage the services of an expert in these matters to represent you. Immigration matters are complicated and require specialist knowledge and skill.Just transfer your anger at the ECO into energy towards the appeal and hopefully,a successful outcome

An excellent post. But I still feel there is room for improvement in the way of a "bedside manner" from these people, especially when the fees are soooo high.

[tanga]

lastlid
I have to agree with you. From what I have heard from some expats,the manner in which interviews have been conducted leaves a lot to be desired. I have heard stories from friends living here whose wives are applying for tourist visas being treated like bargirls.
Presumably there's no 'guidelines' for any decorum

[joebloggs]

He has no remit to apply any sense of discretion and judges the application under the guidelines laid down to him.


if that is true, why do EC Mangers over turn some refusals before they go to appeal, and why on average are 1/3 of appeals won, because the case worker made the wrong decision.

[lastlid]

if that is true, why do EC Mangers over turn some refusals before they go to appeal, and why on average are 1/3 of appeals won, because the case worker made the wrong decision.

Joe. I know folk tend to be reluctant to duck on this issue but what kind of competence levels should one be expecting from these individuals? Don't they have a system of checks in place......Marco's result was such a fine example of what I am talking about. Yes, I agree I dont have all the information to hand....but....

[joebloggs]

i think the EC manager has to check about 25% of refusals , but that means 75% are not checked until the appeal process starts :NoNo:

[lastlid]

i think the EC manager has to check about 25% of refusals , but that means 75% are not checked until the appeal process starts :NoNo:

Ah. I see. You sound like you have inside knowledge, Joe. Or a fly on the ECOs wall....:D

Maybe they need to up that a tad to a higher percentage....

I am not the greatest fan of the wonders of Competency but have crossed paths with it and for that a Verifier checks the original Competency assessment. So in effect there are 2 tiers of checking.

[MarkR]

Oh those last few posts have just depressed me even more...thanks! Meanwhile I'm spending half the night on the phone to my wife trying to console her and persuade her not to give up. Not easy when she is alone with the kids.

Afraid I can't agree with tanga...I know ALL the info I submitted and the fact is plane..the ECO didn't bother to read most of it.

[joebloggs]

I'm spending half the night on the phone to my wife trying to console her and persuade her not to give up. Not easy when she is alone with the kids.
.

giving up shouldn't be an option :NoNo:, just hold on, wait and see what tomorrow brings.
many on here have struggled but got there in the end as you will eventually.

thou i haven't had a visa refused, I had to wait months for the result of my wives visa app and in the end I complained to every manager I could at the Embassy, the next day I got a forwarded email from one manager to another asking to help me out, the next day my wife got a call to pick her passport up :rolleyes: I know its not the same but others on here have had a refusal over turned by the ECM asking them for a reconsideration, others have gone to appeal and won,

I wish you the best of luck Mark :xxgrinning--00xx3:

[lastlid]

...I know ALL the info I submitted and the fact is plane..the ECO didn't bother to read most of it.

That being the case, regard this as a bit of bad luck for yourselves and remain optimistic of a reversal. :xxgrinning--00xx3:

[Lina]

To Mark
Hello
Im currently getting throw the same situation now. My daughter's settlment visa was refused due to the sole responsibility. The differences are that I have one child and live in Russia. it was rejected on the November 2011. Since i arranged a lawyer and also were searching the information non-stop. I was reading your refusal letter and think you need to collect as much evidences as possible. it can be letters from a school or a kindergarden confirmin that your wife was sole carer, for example the letter which says that only her brought them to a doctor and was responsible to make the major decisions at health and education. it might help. also try to get some letters from neighbours if its possible. The best option is to submit the court document, you still can appeal and send it later when its done.
I wish your situation will resolved soon:)

[grahamw48]

Oh those last few posts have just depressed me even more...thanks! Meanwhile I'm spending half the night on the phone to my wife trying to console her and persuade her not to give up. Not easy when she is alone with the kids.

Afraid I can't agree with tanga...I know ALL the info I submitted and the fact is plane..the ECO didn't bother to read most of it.

Sadly, there will be some real pricks working there...same as anywhere.

Hopefully a person more worthy of their job will be handed your papers. Good luck. :xxgrinning--00xx3:

[Eyes O'Donnell]

Hi Mark,
All I can say to you and your family is that I wish you all the strength in the world to overcome what you’ve been faced with. Have faith and everything will turn out OK :) Never ever, ever, ever give up :xxgrinning--00xx3: God bless

[Stevi]

I have a ver good feeling that our case will be resolve one day you will remember what I said to you. Not ou worry too much my friend it's just a matter of time you will have your wie and children with you. These are still babies they need all the care their mother could give you got a strong case.
We wish you all the luck!
Be strong everything will turn out right in your most favor

[bruce]

I know exactly how you feel mate .the same thing happened to us almost two weeks ago now, the refusal notice you posted is almost identical to our sons, my (step-son)

I sought legal advice and was told there decision was actually unlawful ..we have obtained help with our appeal ...I just could not go through it all again, it was so time consuming and stressful, it was also easy to miss understand each other on skype/phone which made things even more difficult in getting our application together.

Today we received a draft copy of the appeal letter ...It was superb, if that does not overturn there wrongful decision then nothing will, so far I am very satisfied we obtained legal help.

My wife is still currently in the Philippines while we fight for our sons Visa ..

Chin up mate you are not alone, feel free to Pm me ...

[grahamw48]

Good luck to you both. :xxgrinning--00xx3:

If they can let in Romanian pickpockets, Jamaican and Russian gangsters, Vietnamese Cannabis growers, Thai brothel-keepers, mid-eastern terrorists, African child-killers and hundreds of Eastern European criminals and other sundry scumbags...:NoNo:

[MarkR]

I know exactly how you feel mate .the same thing happened to us almost two weeks ago now, the refusal notice you posted is almost identical to our sons, my (step-son)

I sought legal advice and was told there decision was actually unlawful ..we have obtained help with our appeal ...I just could not go through it all again, it was so time consuming and stressful, it was also easy to miss understand each other on skype/phone which made things even more difficult in getting our application together.

Today we received a draft copy of the appeal letter ...It was superb, if that does not overturn there wrongful decision then nothing will, so far I am very satisfied we obtained legal help.

My wife is still currently in the Philippines while we fight for our sons Visa ..

Chin up mate you are not alone, feel free to Pm me ...

Hey Bruce, would your adviser be a friendly sounding and looking woman in London, name begins with V ? If so she is my adviser too (no surprise I saw Terpes recommendation to you on your thread!). She told me she had a similar case to mine. Unfortuately she ALSO told me on Thursday when I rang that she would be emailing our appeal before she went away for a week, but frustratingly I never received anything! Sounds like you were more lucky. Now I have to wait a whole week more before I can see what she comes up with. Annoying as I really want to get it submitted asap just for peace of mind.

btw: My wife Ann is now coming to UK on 19th April and her mum and a nanny (whom I will be paying) will be looking after the kids for what will hopefully only be 2 or 3 months max.

[joebloggs]

http://www.guardian.co.uk/commentisfree/2009/oct/15/home-office-undocumented-workers look who the author is :rolleyes:

[grahamw48]

People here illegally SHOULD be thrown out...irrespective of their new-found 'family life'. :angry:

Families split up all the time. Half the kids at school these days come from broken homes, so hardly unusual. Let them get out and then re-apply. If their circumstances are so rosy, then there will be no problem getting a visa.

Not letting a BRITISH CITIZEN with hundreds of years of ancestors behind him have his foreign born wife (and kids) come join him here is a totally different matter. :NoNo:

Maybe Victoria would never have married Albert. :rolleyes:

[MarkR]

http://www.guardian.co.uk/commentisfree/2009/oct/15/home-office-undocumented-workers look who the author is :rolleyes:

Thanks for that link, very interesting. Though reading some of the comments below was quite disturbing. It is a shame empathy can't be taught at school, it seems so few people have ANY.

[joebloggs]

with Immigration been constantly in the news, stories of people working illegal, abuse of immigration rules/laws no wonder many people dont have empathy for these people.

in the case of 'John' i dont have much empathy for him, but your story is different - it should be your legal right to bring your wife here, the same right a European living in the UK has.

in 'john' case - 'found himself working illegally to support his family.' how did he expect to support his family if he is studying ? abuse of the student visa is wide spread. many had no intention of studying, they came to work. but they've made it more difficult for genuine students and for people like you Mark.

[grahamw48]

Exactly right Joe.

It's these FOREIGN parasites and crooks who've screwed up the system for us British nationals.

Consider this Mark:

20 years ago the Spouse Visa for my then wife cost me £40.

A few simple documents and a 5 minute interview at the British Embassy....one visa.

Same routine 5 YEARS later for her 2 childrens' dependent visas.

[bruce]

Hey Bruce, would your adviser be a friendly sounding and looking woman in London, name begins with V ? If so she is my adviser too (no surprise I saw Terpes recommendation to you on your thread!). She told me she had a similar case to mine. Unfortuately she ALSO told me on Thursday when I rang that she would be emailing our appeal before she went away for a week, but frustratingly I never received anything! Sounds like you were more lucky. Now I have to wait a whole week more before I can see what she comes up with. Annoying as I really want to get it submitted asap just for peace of mind.

btw: My wife Ann is now coming to UK on 19th April and her mum and a nanny (whom I will be paying) will be looking after the kids for what will hopefully only be 2 or 3 months max.

What can I say ..I am really thinking about the right words to type here ...just like you Mark I was full of frustration and wanted something done quickly ..every second of every day mattered and still does of course !! ...I am bald but I still managed to pull some hair out of my head ?

After annoying the hell out of Victoria with phoning and sending her emails I decided I was going to very quickly piss her off ...although it was so so hard I had to back off and let her do her work, I had to totally put my trust in her and remember that our case was not the only case she would be working on...

Even to this minute I want to email or ring her for the latest .. but I have to fight them thoughts just as you do Mark

Have trust in her Mark have faith in her and let her do her work ...from my research she is one of the best ..Yes being one of the best means she is going to be very busy..gather your faith in knowing she could never have been so popular if she was letting her customers down.

On Thursday (I assume before she left work for her holidays) Victoria emailed us a draft copy of the appeal she is preparing for us ...all I can say is that it was nothing short of awesome, try as I might I could never have written an appeal letter that made such an impact and contained so much information in so few words, she was making references to different parts of the law within the draft that I never even knew existed

I am truly hoping and pray everyday that the decision will be overturned and never go as far as the hearing mainly due to the time that could take, we have already been waiting so long for our lives to start together forever ..the goodbyes @ the airport always broke our hearts...I genuinely feel we have the best opportunity of success with the services Victoria offers.

Mark you say your wife will be leaving the kids? Are you sure this is the right move to make so quickly? have you spoke to Victoria reference this? Just my opinion but maybe it would be best from an appeal point of view, if you just waited for a couple of months in the hope the decision was overturned?

[bruce]

sorry double post ...

[MarkR]

Exactly right Joe.

It's these FOREIGN parasites and crooks who've screwed up the system for us British nationals.

Consider this Mark:

20 years ago the Spouse Visa for my then wife cost me £40.

A few simple documents and a 5 minute interview at the British Embassy....one visa.

Same routine 5 YEARS later for her 2 childrens' dependent visas.

Oh don't get me wrong I'm not condoning illegal immigration. It was empathy for the British wife and kids I was talking about! Of course you can argue she should never have gotten involved with "Martin" (and it is Victorias case I am referring to not the original, but you have to read quite a lot of the comments to understand that) but then I would think the people on this forum should know that love isn't always that straightforward.

Interesting to hear it was only £40 for you! Wow. It does seem to be the case that all of the illegals and fraudulent immigration seekers have caused those of us trying to follow the rules and be legal to have a nightmare job these days.

[MarkR]

Bruce,

Yes I am placing my trust in Victoria (should we get commission for advertising?) but I'm the same as you, IMPATIENT :-)

As for my wife coming here, yes I gave it a LOT of thought and asked Victoria on Thursday. She actually thinks it is a very good idea as the clock is already ticking on Ann's visa and if she doesn't 'use' it within 3 months it will then have expired before she can apply for ILR in 2 years time. Also as the original refusal claimed (bizarrely) that her ex was still living with her and thus looking after the kids, having her mother and an un-related nanny look after them in some ways would help the argument. I will of course be supporting my mother in law with the costs and that will be documented.

To be honest Ann was so devastated by the disappointment that if I hadn't given in to her wishes and brought a ticket for her I was becoming worried she might do something crazy! She will miss the kids of course, she is totally dedicated to them, but hopefully it will only be for a few months.

[bruce]

Bruce,

Yes I am placing my trust in Victoria (should we get commission for advertising?) but I'm the same as you, IMPATIENT :-)

As for my wife coming here, yes I gave it a LOT of thought and asked Victoria on Thursday. She actually thinks it is a very good idea as the clock is already ticking on Ann's visa and if she doesn't 'use' it within 3 months it will then have expired before she can apply for ILR in 2 years time. Also as the original refusal claimed (bizarrely) that her ex was still living with her and thus looking after the kids, having her mother and an un-related nanny look after them in some ways would help the argument. I will of course be supporting my mother in law with the costs and that will be documented.

To be honest Ann was so devastated by the disappointment that if I hadn't given in to her wishes and brought a ticket for her I was becoming worried she might do something crazy! She will miss the kids of course, she is totally dedicated to them, but hopefully it will only be for a few months.

I hear you Mark ..we just hope that Jelly's visa will be sorted quick but @ the same time we can not let the Wife's visa expire as you have stated, it took so long to obtain and I doubt with the new regulations coming into force this month that we would ever get it again, assuming we even had the money to try again...if that time arrives, although it will break our hearts we will have no choice but for the wife to get onto a plane, of course we will never give up with the appeal.

[joebloggs]

your wife can enter anytime before the expiry date in her visa (near 27 months)

if she stayed in the phils for 4 months or more , she would probably have to apply for FLR(m) (cost £560) while in the uk before her visa expires instead of ILR.