Appealing against a visa refusal

[briancol]

ive spoken to a Lawyer about Appealing against a visa refusal,she says it will take up to 4 or 5 monts and would normally cost £1200 to £1400 plus court costs,although she will do it for me for £600 because of my particular circumstances,does anyone know the 'real' cost of an appeal,is £600 a good price? thanks.:)

[schnitzel]

hello briancol
sorry to hear that; may i asked what is the reason why did they refused?

[bigmarco]

Hi Sorry to hear about your refusal I'm sure some of our experts will have some idea of the costs involved and will be in a position to advise you.
I have decided to pursue the appeal myself as I firmly believe we have good grounds and I have therefore submitted the appeal with a request for an Oral hearing which costs £140. Should our refusal not be overturned by the ECM in Manila I intend going to the Appeals Tribunal myself as I believe with all my evidence I have a good case.
If I was inclined to use a lawyer my primary concern would not necessarily be cost though, more reputation and ability. It's poinless paying £600 unless your pretty sure that you are getting something at the end. There's some pretty good advice on the forum and I'm sure some of them will be able to point you in the direction of someone with both a good reputation and reasonable cost.
I fully understand what you are feeling at the moment and sincerely wish you the very best of luck with whatever way forward you choose. Stay strong I'm sure it will all come good in the end :xxgrinning--00xx3:

[briancol]

hi Schnitzen & Big Marco,sorry if i misled you. my wifes visa hasnt been refused just yet,but we r expecting a refusal next week,the UKBA emailed my wife asking for my up to date bank statememts,wanting to know if i still had a certain amount in my account,the amount i told them off in my wifes visa application,they said they want to see it within 10 days or the visa will be refused,but the fact is that i no longer have the same amount of savings,as it was 6 or 7 months ago i told them about it.a lot of water has run under the bridge since then,so we are expecting bad news from UKBA,though we still live in hope,but ive already spoken to a lawyer about it,hence the reason i asked about laywer fees. i'll keep the forum up to date when i/we have any further news. thanks a lot for your concern.atb.

[Arthur Little]

hi Schnitzen & Big Marco,sorry if i misled you. my wifes visa hasnt been refused just yet,but we r expecting a refusal next week, the UKBA emailed my wife asking for my up to date bank statememts,wanting to know if i still had a certain amount in my account,the amount i told them off in my wifes visa application, they said they want to see it within 10 days or the visa will be refused, but the fact is that i no longer have the same amount of savings,as it was 6 or 7 months ago i told them about it.a lot of water has run under the bridge since then,so we are expecting bad news from UKBA,though we still live in hope,but ive already spoken to a lawyer about it,hence the reason i asked about laywer fees. i'll keep the forum up to date when i/we have any further news. thanks a lot for your concern.atb.

They - the UKBA ... or rather, the British Embassy official (since your wife is in the Phils) who sent such an *email to her - ought to be the party being "told off" for *its "threatening" implication. :xxsmilie_auslachen:

It's outrageous! :23_116_6[1]: Naturally you'll have nowhere near the same amount of money as you had in your savings account - before it was [considerably] depleted by the WHOPPING sum charged for a Settlement Visa fee!

[joebloggs]

as i've already posted have you anyone who can provide 3rd party financial support for your wife, reducing the risk of need recourse to public funds, have you submitted a budget to show how much money you have left after paying rent, community charge and any loans ??

[grahamw48]

I'm wondering what is the relevance of their query. :Erm:

Lots of people have £1000 in their account one day and 50 pence the next.
That's how it is with incomings and outgoings....long as it's not overdrawn.

As long as you have demonstrated evidence and proof of a regular and continuing income, either through employment or self-employment, plus the ability to pay all your regular outgoings while still having sufficient to support you and your partner, what would be the problem ?

Oh, and as far as I'm aware you're not REQUIRED to have ANY savings (like most people in this country...who are of course up to their eyes in DEBT, truth be known. :rolleyes:).

[joebloggs]

your right graham some people managed to get a visa with no savings or job ! i believe Brian doesn't work but is a full time carer for his mother.

[Arthur Little]

Lots of people have £1000 in their account one day and 50 pence the next.
That's how it is with incomings and outgoings.... long as it's not overdrawn.

As long as you have demonstrated evidence and proof of a regular and continuing income, either through employment or self-employment, plus the ability to pay all our regular outgoings while still having sufficient to support you and your partner, what would be the problem ?

:iagree: ... that's what I've always surmised.

[briancol]

yea Joebloggs,ur right,i am carer for my mother, and yes Arthur Little the visa what with my wife return flight to Manila to lodge the application and a hotel for an overnight stay it cost the guts of £1000.but they are the ones with the power over us,they say yea or nay.and we have to accept it,except i wont accept it because i will definitely appeal,though thats more money i could do without wasting.
thanks Graham48 also,thanks all for your support.

[joebloggs]

as i've already posted have you anyone who can provide 3rd party financial support for your wife, reducing the risk of need recourse to public funds, have you submitted a budget to show how much money you have left after paying rent, community charge and any loans ??

:Erm:

[briancol]

:Erm:

Yes Joebloggs, i already provided all that info to them with my wife application,3rd party help if needed also,and a listing of all my 'in & outs' .
heres the email my wife got on the 3rd May,
Dear Mrs ****

Could you please provide recent bank statements from your spouse showing he has £7,000 in savings as stated in his letter. You have been exceptionally granted the opportunity to submit this document within the next ten working days, failure to submit this document will result in your application for UK entry clearance being refused. Do not reply to this e mails address, if you need to contact for any reason please address your enquiries to manilavisaenquiries@fco.gov.uk the requested documents should be forwarded to us via the visa application centre.


Your sincerely


L M Grant
Visa officer.

needless to say i no longer have £7000 savings. and if they ask where the money has gone in can tell them,its been spent on the Philippines,one way or another.

[lastlid]

A long shot, but does this mean that you should submit evidence that you had the money in your account at the time of the application? Rather than months later.....

Also it seems strange that so many months have elapsed after application submission...when did the application go in?

[lastlid]

A long shot, but does this mean that you should submit evidence that you had the money in your account at the time of the application? Rather than months later.....

Also it seems strange that so many months have elapsed after application submission...when did the application go in?

[grahamw48]

Sounds pretty straightforward then.

You need to submit the docs they've asked for, with (if necessary) a covering letter detailing any deductions from the savings that have come about since the original date of the application...like air tickets etc.

[joebloggs]

well from what you've posted b4 that will not be possible to do in time
have you started the process of getting the money put into your current account ?

[lastlid]

but the fact is that i no longer have the same amount of savings,as it was 6 or 7 months ago

This bit is confusing me.....does it mean you applied 6 or 7 months ago?

[Arthur Little]

we r expecting a refusal next week,

Life sometimes seems (indeed, often IS) unfair. Here you are, caring for your dependent mother, and left worrying yourself sick over a crass, unreasonable deadline imposed by an unknown, insensensitive - yet no doubt, highly paid - civil servant. :furious3:

But, by the same token, even what we might envisage as being the bleakest of scenarios, needn't necessarily turn out to be half as bad as we expect. :NoNo: And while it is easier said than done, I would encourage you to try and remain positive ... things can and frequently do have a habit of turning out much brighter than we'd ever dared hope or think.
:xxgrinning--00xx3:

[lastlid]

Arthur, maybe its just me but something doesn't seem to add up, in terms of Brian's timing / timeline here.....can you make sense of it?

[bigmarco]

Arthur, maybe its just me but something doesn't seem to add up, in terms of Brian's timing / timeline here.....can you make sense of it?

It would appear from earlier threads lastlid that the application was submitted towards the end of Feb 2012. I'm guessing he submitted fairly old bank statements if he's mentioning 7 months ago. Hence they are asking for more upto date statements. I would assume that if the application was submitted and it stated that he had £7000 in savings they want proof that this existed at the time the application was submitted. I think he has a problem if he cant show a bank statement with the amount he claims he had at the time the application was submitted. Is there a way out of this ?

[lastlid]

I'm guessing he submitted fairly old bank statements if he's mentioning 7 months ago. Hence they are asking for more upto date statements.

That was also what I was wondering....

[lastlid]

http://filipinaroses.com/showthread.php/38065-more-bank-statements-required

Apparently the application went in last November.....



that the amount i had on the statements my wife submitted to them in November,but 6 months on i dont have it all in the bank,i have most of it in Government Bonds,which will take time to cash in,so the 10 days they have allowed is not enough time,i think we are 'beaten'..

[lastlid]

but she didnt apply for the visa untill Feb this year

Okay, a few posts later.....applied in February

[briancol]

hi,i did submit 6months bank statements,but they where only up to November last year because i was going to the Phill in November so obviously i took everything with me and left it with my wife,but because my wife was doing a 'care giver' course that went on untill December/Janurary she didnt put her visa application in untill after the course completely finished,so the took us into Feb,thts when she submitted her application.22nd Feb it went in and all we could do after that was wait to hear from UKBA or whoever deals with it,that was about 11 weeks, untill she got tht email a few days ago,that was the first we heard from them.

[lastlid]

hi,i did submit 6months bank statements,but they where only up to November last year

I see. I understand now. Sorry.

Hence the reason why the UKBA want more up to date statements......

[bigmarco]

So they are obviously looking for the statements upto February. Forgive me for asking but is there a major difference between November and February balances and is it not possible to send an upto date statement with an explanation of the difference. Obviously going to the Philippines in November would make a serious hole in your finances. I think so long as you are able to prove that you can maintain your partner without the recourse to public funds, then you should be fine.
I see from their email that you only have 10 working days so I think you need to move fast.

[lastlid]

So they are obviously looking for the statements upto February. Forgive me for asking but is there a major difference between November and February balances and is it not possible to send an upto date statement with an explanation of the difference. Obviously going to the Philippines in November would make a serious hole in your finances. I think so long as you are able to prove that you can maintain your partner without the recourse to public funds, then you should be fine.
I see from their email that you only have 10 working days so I think you need to move fast.

Yes. That makes sense. :xxgrinning--00xx3:

As Marco says, surely statements up to february (time of submission) would suffice and as a bonus an explanation(s) of the difference between Novembers and Februarys statements.

And putting it like that puts a more favourable light on the whole thing.

[briancol]

ok everyone, yesterday (Friday) after they told my wife i could email bank statements to them,i opened my online bank account and copied & pasted everything to show what monies i have left,so because its the weekend we are waiting untill Monday arrives to see what their response will be,the ball is in their court.(watch this space).

[imagine]

good luck brian :xxgrinning--00xx3:

[alan/maleiya]

My wifes visa got refused so we got a lawyer here in the UK to do the appeal it cost us£750 and the same again for when the appeal gt refused to go to court glad to say we got the happy ending :)

[lastlid]

ok everyone, yesterday (Friday) after they told my wife i could email bank statements to them,i opened my online bank account and copied & pasted everything to show what monies i have left,so because its the weekend we are waiting untill Monday arrives to see what their response will be,the ball is in their court.(watch this space).


Good luck. :xxgrinning--00xx3:

[joebloggs]

print and scan your latest 6 bank statements and email them to your wife, the problem is if they are online ones..

Consulates are reluctant to accept bank statements printed out from e-banking accounts because these can be so easily forged. Properly headed original statements can usually be obtained by visiting a branch office.

next get evidence you have £xxxx in bonds and write a letter that you have started process of selling them and the money will be in your current account but that will take xx wks. - the embassy want to see you have instant access to your money and not 90 or what ever days notice before you can get the money..

mention in the letter about your 3rd party financial sponsor again - did you send evidence they have access to money instantly ??

also its worth mentioning in your letter you wife has just finished a carers course and will be seeking employment when she is in the uk.

If the financial standing is marginal, and if the applicant has plans to work in the UK, a job offer letter can be included to bolster the application's strength; and failing all other evidence, the applicant may attach a CV (or academic credentials) which demonstrate favorable prospects. Note however, that this is generally the weakest form of evidence.

good luck, you shouldnt be thinking about going to an appeal :NoNo:

[Kmg423]

good luck, you shouldnt be thinking about going to an appeal :NoNo:

Focus on problems that are on hand...ignore those that are not there yet !!!

[briancol]

hi,im back again lol, my wife received these emails today,can anyone confirm if she has got her visa,coz she thinks not.

email 1.
Dear NOEMI,

A decision on your Visa application reference number: AMAN/220212/199055/1 has been made by the British Embassy. Your application has been received at the UK Visa Application Centre and is ready for collection. Please note this is an auto generated e-mail. Please do NOT reply to this email.


Regards,
Visa Application Centre.

email 2
Sent: Thursday, May 17, 2012 9:56 AM
Subject: UNCLASSIFIED: UK Visa Application: UKBA-Manila Visa Hub (Ref: 723958)


Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. UKBA-Manila Visa Hub


This is an automated message. Please do not respond to this email address as incoming mail is not answered.

[melovesengland]

hi,im back again lol, my wife received these emails today,can anyone confirm if she has got her visa,coz she thinks not.

email 1.
Dear NOEMI,

A decision on your Visa application reference number: AMAN/220212/199055/1 has been made by the British Embassy. Your application has been received at the UK Visa Application Centre and is ready for collection. Please note this is an auto generated e-mail. Please do NOT reply to this email.


Regards,
Visa Application Centre.

email 2
Sent: Thursday, May 17, 2012 9:56 AM
Subject: UNCLASSIFIED: UK Visa Application: UKBA-Manila Visa Hub (Ref: 723958)


Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. UKBA-Manila Visa Hub


This is an automated message. Please do not respond to this email address as incoming mail is not answered.

Visa on its way! Well done! :Jump::Jump::Jump:

[grahamw48]

Hooray ! :Jump:

You've done it . :D

[Terpe]

hi,im back again lol, my wife received these emails today,can anyone confirm if she has got her visa,coz she thinks not.

email 1.
Dear NOEMI,

A decision on your Visa application reference number: AMAN/220212/199055/1 has been made by the British Embassy. Your application has been received at the UK Visa Application Centre and is ready for collection. Please note this is an auto generated e-mail. Please do NOT reply to this email.


Regards,
Visa Application Centre.

email 2
Sent: Thursday, May 17, 2012 9:56 AM
Subject: UNCLASSIFIED: UK Visa Application: UKBA-Manila Visa Hub (Ref: 723958)


Your visa will be despatched shortly. Passports can normally be collected from the Visa Application Centre after 3 days. Applicants in Australia and New Zealand should allow 3 days before tracking their documents via the local post. UKBA-Manila Visa Hub


This is an automated message. Please do not respond to this email address as incoming mail is not answered.

The message from UKBA-Manila Visa Hub is the key one as they are the only ones who know the actual decision.

NORMALLY that message "Your visa will be despatched shortly" means exactly that.
The visa is on it's way.

Looks like time to say CONGRATULATIONS :Jump::Jump:

and Well Done to you both :xxgrinning--00xx3:

Now it's time to fork out for the air ticket. But don't do anything until the visa is physically in hand.

So glad you finally realise your dreams

[briancol]

thank you Terpe & Grahamw48 & Melovesengland.
airfare yes but at least theres light at the end of the tunnel now. Thanks be to God above for answering our prayers. we are both born again,(Christians):)

[melovesengland]

thank you Terpe & Grahamw48 & Melovesengland.
airfare yes but at least theres light at the end of the tunnel now. Thanks be to God above for answering our prayers. we are both born again,(Christians):)

I am very happy for you both. Hopefully, my application will be a success like yours. I am waiting at the moment, hoping to hear some updates very soon! Congratulations again!! :Hellooo::Jump::xxgrinning--00xx3:

[rusty]

Im sure its good news, congratulations :Jump:

[briancol]

I am very happy for you both. Hopefully, my application will be a success like yours. I am waiting at the moment, hoping to hear some updates very soon! Congratulations again!! :Hellooo::Jump::xxgrinning--00xx3:

yes hope u get good news soon too. thanks,. and thanks too Rusty.

[briancol]

can u tell me,does my wife need her passport changed into her married name to match the visa? or can she travel in her maiden name?

[Arthur Little]

:BouncyHappy: ... there you go! Didn't I just recently tell you things often turn out better than expected? ;) Congratulations in advance to you and your wife, Brian. :xxgrinning--00xx3:

[Arthur Little]

can u tell me,does my wife need her passport changed into her married name to match the visa? or can she travel in her maiden name?

Hmm ... wasn't your wife's passport still in her maiden name when she submitted her application? :Erm:

[briancol]

ah ok Arthur,we will wait untill it arrives to see which name its in. & thanks for the congrats,i didnt have ur faith,lol.

[Arthur Little]

ah ok Arthur,we will wait untill it arrives to see which name its in. & thanks for the congrats,i didnt have ur faith,lol.

Yes ... the main thing IS, the name on the visa matches the one on the passport she submitted when she applied - which, in your wife's case (as in many others) would be her maiden name - so changing surnames at this stage is neither necessary nor, for that matter, advisable. :nono-1-1:

[lastlid]

Yeeha. :xxgrinning--00xx3: Great news.

[raynaputi]

Congrats! :Jump: If your wife's passport is in her maiden name, visa would be in her maiden name. No problems with that. :xxgrinning--00xx3: Just make sure that she has the marriage certificate at hand when she travels.

[joebloggs]

:xxgrinning--00xx3: i hope its good news for you Brian :Jump:

[grahamw48]

can u tell me,does my wife need her passport changed into her married name to match the visa? or can she travel in her maiden name?

The visa will of course match the passport....no worries there.

My ex never bothered to change from her maiden name on her passport in 12 years....perhaps trying to tell me something. lol :Erm:

Get her into the UK first before you start messing about with existing documents.

That's my advice to anyone.
It's already easy enough to confuse the office clerks in immigration. :rolleyes:

[Miss Taurus]

congrats both of you!:xxgrinning--00xx3:

[stevie c]

Great news well done :)
It seems May is a very positive month for succesfull visa apps :Jump:

[bigmarco]

Haha Brian looks like you don't need that Lawyer after all. Congratulations to you both :Jump::Jump::xxgrinning--00xx3:

[briancol]

hi All, just on to let you know my wife arrived yesterday,(Thursday) i went to Heathrow to meet her so shes now back in Belfast with me,Happy Days,just like to say a big thank you to all who helped with advice and guidance on the forum over the past year or so, with the flights, hotels,then getting the papers & certificates ready for the marriage,then more help with the visa application,and a lot more besdes,thank you all once again.:)

[lastlid]

hi All, just on to let you know my wife arrived yesterday,(Thursday) i went to Heathrow to meet her so shes now back in Belfast with me,Happy Days,just like to say a big thank you to all who helped with advice and guidance on the forum over the past year or so, with the flights, hotels,then getting the papers & certificates ready for the marriage,then more help with the visa application,and a lot more besdes,thank you all once again.:)

:xxgrinning--00xx3:

[joebloggs]

hi All, just on to let you know my wife arrived yesterday,(Thursday) i went to Heathrow to meet her so shes now back in Belfast with me,Happy Days,just like to say a big thank you to all who helped with advice and guidance on the forum over the past year or so, with the flights, hotels,then getting the papers & certificates ready for the marriage,then more help with the visa application,and a lot more besdes,thank you all once again.:)

excellent news :xxgrinning--00xx3:

[bigmarco]

The best of luck to you both :xxgrinning--00xx3:

[grahamw48]

Congratulations ! :xxgrinning--00xx3:

[alanmf1]

Many Congrats, hope she is already enjoying the delights & hospitality of Norn Iron!:xxgrinning--00xx3:

[Terpe]

hi All, just on to let you know my wife arrived yesterday,(Thursday) i went to Heathrow to meet her so shes now back in Belfast with me,Happy Days,just like to say a big thank you to all who helped with advice and guidance on the forum over the past year or so, with the flights, hotels,then getting the papers & certificates ready for the marriage,then more help with the visa application,and a lot more besdes,thank you all once again.:)

Wonderful news :xxgrinning--00xx3:

Thanks sharing your perfect ending. Only thing now is to enjoy your life together.
Best wishes to you both for a truly shining future :Jump::Jump: