Finally the Agony is over.

[bigmarco]

Hi Everyone
Just to let you know that I have this afternoon received a call from Victoria Sharkey to say that we will not be attending court tomorrow because the presenting officer has contacted her to say that they will not be defending the refusal and have instructed the embassy to issue my wife with the visa.I was also phoned by the tribunal to confirm this. To say I am delighted is an understatement and my wife is overjoyed.
I met Victoria last Thursday at her offices and after studying all our paper work she said to me " Mark if I lose this case I will be shocked" she was looking forward to seeing how the presenting officer was going to put the case forward in view of the fact that the answers to all their refusal points were contained in our application and supporting documents. I feel that the PO probably looked at the case in the last few days and didn't wish to embarass themselves in court.
Anyway Victoria told me to go and celebrate and be happy as she was now going to get angry on my behalf. She will be pursuing a claim for my costs which on the appeal total £1250. I did explain that money is not the issue for me but in view of the way we have been treated I feel that they should be made to pay.
I cannot speak highly enough of Victoria who really does know her stuff and after our meeting last week, left me in no doubt that we were going to win. They are a professional outfit who never took on the case or asked me for money until they had studied the refusal and felt I had a good chance of winning.
As I said although a little angry I am delighted the we are now going to be together.
I would like to thank all my invisible forum friends for all your help advice and above all support during this difficult time. Especially to Terpe and Joe Bloggs you are stars and our forum is very lucky to have you. I remember along time ago Joe saying that quite often they dont turn up at court to defend these cases and yes Joe you were right. Thank you both for your help and especially for alerting me to Victoria.
To Arthur, Lastlid, Steve R, Dedworth,Graham and the many many more thanks for your support and the many evenings you have made me smile in these difficult times. Finally Andy I am grateful for your support and your PM's in my Annus Horriblus, they were very much appreciated. I know you have your own fight to take care of now and I will be behind you all the way.
God bless you all from an eternally grateful and extremely delighted friend.

[stevewool]

well, thats something nice to read after a hard day at the office, well done to you both

[raynaputi]

What a great news bigmarco..:Jump: Surely with all these refusals, all the hassle would be prevented if the case workers/ECO/ECM are double checking everything (documents & decision)! Now you and you're wife would finally be together..go and celebrate! :xxgrinning--00xx3:

[songz777]

Thats awesome news! we rejoice with you!

[Doc Alan]

Great news :Hellooo:. I'm sorry not to have been able to help directly, but as one of your forum friends I've been following your progress and share your relief at the outcome :xxgrinning--00xx3:.

[grahamw48]

Marco, I am absolutely delighted for you and your lady...what brilliant news. :Jump:

It must be such a massive weight lifted from the shoulders of you both, and thank goodness now you can get on with your lives TOGETHER again. :xxgrinning--00xx3:

[gWaPito]

Congratulations!:D

[alanmf1]

Many Congratulations:xxgrinning--00xx3: Great News

[Dedworth]

Well done Marco fantastic news :xxgrinning--00xx3: It sounds like you've got an excellent brief there. I hope as you said before that you will pursue righting this injustice (ombudsman MP etc etc) - the idiot (s ) responsible are not fit to be Public Servants and should lose their jobs so others don't have to go through all the bizarre trials and tribulations you and your good lady have had.

Have a great celebration :Beer: and happy future

[grahamw48]

I agree Dedworth.

Don't these incompetent fools realise that they are dealing with British citizens ...ie the SPONSORS, not a bunch of innocent ladies from the 3rd world who will silently go away ? :NoNo:

They are going to be getting a few more nasty shocks when lots of other people decide to exercise their RIGHT not to have to put up with this crap. :angry:

[yellowcloud]

AMAZING NEWS!!!! I am sooo happy for you, God bless you both for a long and happy life together!!!

[imagine]

congratulations Marco , i am so pleased for you both, iv been following your posts and i realy am chuffed at the outcome, you both deserve an easy time now, best wishes to you:Jump::Jump::Jump::veryhappy::veryhappy::xxparty-smiley-050::xxparty-smiley-050::xxparty-smiley-050::xxparty-smiley-050::66::appl:

[London_Manila]

It really does make me wonder what those clowns at the British Embassy in Manila are playing at :NoNo:

I suppose they work on the basis that if they hand out a refusal then the applicant might not appeal it
(surely this can be the only reason)

£1250 just to rectify their mistake plus all the added stress involved

[lordna]

Congratulations Marco....glad to hear its all sorted.

For others that dont know Victoria Sharkey also gives advice freely on the UK immigration forum where one can get lots of advice on immigration issues. its not as friendly place as here but sometimes very useful if you need the opinion of registered immigration advisors.

[imagine]

It really does make me wonder what those clowns at the British Embassy in Manila are playing at :NoNo:

I suppose they work on the basis that if they hand out a refusal then the applicant might not appeal it
(surely this can be the only reason)

£1250 just to rectify their mistake plus all the added stress involved

agree but shame its hardly compensation for the heartbreak and hell they put couples like Marco and his Wife through :NoNo:

[lastlid]

Absolutely fantastic news. :xxgrinning--00xx3:


"Mark if I lose this case I will be shocked" she was looking forward to seeing how the presenting officer was going to put the case forward in view of the fact that the answers to all their refusal points were contained in our application and supporting documents

Exactly.



Also, I find it amazing as this could have happened to any one of us. I just said to my wife that we were lucky that it all went smoothly for us.

[Arthur Little]

:bigcry: < ... these are tears of JOY, Marco. To say I'm absolutely DELIGHTED :BouncyHappy: would be a GROSS understatement!

Congratulations, my friend. :xxgrinning--00xx3: Now you really CAN treat yourself to that long~~awaited celebratory drink :66: ... as you and your good lady have sooo very much to look forward to ...

Cheers! :Beer:

[juvyjones28]

What a big relief Mark. That's brilliant! I'm so happy and delighted for you and the wife. At long last :D Congratulations! :Jump::xxgrinning--00xx3:

[acs]

congrats to you and your wife bigmarco, what a relief after such a difficult time you both had.

[Terpe]

Hi Everyone
Just to let you know that I have this afternoon received a call from Victoria Sharkey to say that we will not be attending court tomorrow because the presenting officer has contacted her to say that they will not be defending the refusal and have instructed the embassy to issue my wife with the visa.I was also phoned by the tribunal to confirm this. To say I am delighted is an understatement and my wife is overjoyed.
I met Victoria last Thursday at her offices and after studying all our paper work she said to me " Mark if I lose this case I will be shocked" she was looking forward to seeing how the presenting officer was going to put the case forward in view of the fact that the answers to all their refusal points were contained in our application and supporting documents. I feel that the PO probably looked at the case in the last few days and didn't wish to embarass themselves in court.
Anyway Victoria told me to go and celebrate and be happy as she was now going to get angry on my behalf. She will be pursuing a claim for my costs which on the appeal total £1250. I did explain that money is not the issue for me but in view of the way we have been treated I feel that they should be made to pay.
I cannot speak highly enough of Victoria who really does know her stuff and after our meeting last week, left me in no doubt that we were going to win. They are a professional outfit who never took on the case or asked me for money until they had studied the refusal and felt I had a good chance of winning.
As I said although a little angry I am delighted the we are now going to be together.
I would like to thank all my invisible forum friends for all your help advice and above all support during this difficult time. Especially to Terpe and Joe Bloggs you are stars and our forum is very lucky to have you. I remember along time ago Joe saying that quite often they dont turn up at court to defend these cases and yes Joe you were right. Thank you both for your help and especially for alerting me to Victoria.
To Arthur, Lastlid, Steve R, Dedworth,Graham and the many many more thanks for your support and the many evenings you have made me smile in these difficult times. Finally Andy I am grateful for your support and your PM's in my Annus Horriblus, they were very much appreciated. I know you have your own fight to take care of now and I will be behind you all the way.
God bless you all from an eternally grateful and extremely delighted friend.

Absolutely fantastic news Marco :Jump::Jump::Jump::Jump:
Well done to you both for the dedication and tenacity you all showed.

When I read your first few lines I was not just so happy at the outcome, but also so very angry at the way these UKBA people played their stupid game with the lives of genuine people. Even to the eleventh hour.

I hope your claim for costs will be much faster than the end of this debacle.

What a long time you both have had to wait and endure for this . It still irritates me that the civil service works in such a way.

God bless you both Marco, enjoy the moment and savour the victory and look forward to the beautiful future together.

Great result :Jump::Jump:

[lastlid]

Even to the eleventh hour.


That amazes me....

[GraceAdam]

WOW! That will be a very amazing NEWS :) Congratulations to you both. You deserved that happiness :D x

[Iani]

Congratulations, really pleased for you.

As for the forthcoming compensation claim, well I hope you really can squeeze them where it hurts them, and hopefully heads could roll over this (but possibly not).

It might not be about the money, but they need to have it hammered home that they are merely paid public servants, and you (we.....all of us) are their employers

[lastlid]

It might not be about the money, but they need to have it hammered home that they are merely paid public servants, and you (we.....all of us) are their employers

Yes. Heads should roll over this sort of thing and that includes the ECO's manager who should also be held responsible for the nonsense.

They had the opportunity to rectify their error at the reconsideration stage. But consciously and wilfully chose not to. No error there. For that they need a good thrashing.

[andy222]

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

[hawk]

happy 4 you both party time 4 you now the waits over good luck to you both

[Rhose]

great news macro!! :Jump: :Jump:

[grahamw48]

Yes. Heads should roll over this sort of thing and that includes the ECO's manager who should also be held responsible for the nonsense.

They had the opportunity to rectify their error at the reconsideration stage. But consciously and wilfully chose not to. No error there. For that they need a good thrashing.

Don't forget, it's the lady who is applying for the visa though, not you or I ...and that is their get-out clause when you're talking of 'paying their wages'.

[bigmarco]

Sent this Email to the Ambassador and have also contacted my MP.

Dear Mr Ambassador
I am writing regarding my wife Mrs Mary Grace XXXXXXXXX application for a spousal visa which was refused by your Embassy and the refusal was upheld by an Entry Clearance Manager.
I was due to appear at the Tribunal Service in the UK tomorrow september 12th but have now been informed by my solicitor that the hearing has been cancelled as the Presenting officer representing you has pulled the case and instructed that the visa be issued.
Whilst I am naturally delighted at the outcome I am nonetheless extremely angry at the way we have been treated by your staff. Part of the refusal says that I provided no proof that I have ever visited the Philippines in the form of a passport or flight bookings or Photographs of myself and my wife. I have now visited the Philippines 3 times although at the time of my application I provided a copy of my passport which included a visa and 2 entry and exit stamps as well as a copy of My Marriage certificate. You are no doubt aware that to get married in the Philippines requires a British Citizen to obtain a certificate of Legal Capacity to marry from the British Embassy in Manila which is exactly what I did in September last year. Why did your ECO not check this and more importantly why did your ECM not check this before upholding the refusal. Incidentally our supporting documents also included many photographs and copies of flight bookings.
It is blatantly obvious that the Entry Clearance department at the Embassy is not fit for purpose from the top down. You charge in excess of £900 for a spousal visa application and don't even have the decency to read it properly. This cannot be argued because our refusal quite clearly shows that the application was not studied properly. There are too many mistakes to argue otherwise. For your ECM to then uphold the refusal and allow the matter to proceed to tribunal defies logic. Fortunately someone in the UK spotted your staffs incompetence before the matter went before a judge.
I am pursuing the reimbursement of our expenses here and have also contacted my MP on this matter.
I would ask that if your staff have a shred of decency in them would it be possible for them to issue my wife's Visa asap. It is our wedding anniversary on the 4th October and I would very much like to spend it with her.
I don't feel that this is a lot to ask in view of the way we have been treated and would be grateful if you could in some way speed this up. Perhaps at the same time you could get a member of your staff to apologise to my wife for her treatment particularly the very insulting accusation that she was abandoning our son.


Thanking you in anticipation
Yours sincerely

[grahamw48]

Excellent Marco.

Let's hope that this sets the right wheels turning. :xxgrinning--00xx3:

[imagine]

wow do i like that letter :D nice one Marco.:xxgrinning--00xx3:

[MissAna]

Perhaps at the same time you could get a member of your staff to apologise to my wife for her treatment particularly the very insulting accusation that she was abandoning our son.





:iagree: and i think that staff deserve to be fired.. :angry:

anyway Congratulations.. not long now, soon your wife will be with you.

[rhaichard]

well done .,,,... congratulation :Jump::Jump:

[Dedworth]

A very well thought out and composed letter Marco, the reply ought to be interesting :)

[travina]

great news marco. so happy for you and your wife. now i think im the one left waiting for the outcome of the appeal lol

[Leen]

job well done Marco :appl: happy for you and to your wife,time to celebrate :Beer:

[Steve.r]

I only just picked this up as I am in Shanghai, it is wonderful news Marco, I am so happy that it has been overturned.

Does this now mean I can stop beating your high scores in the arcade as you will have better things to be thinking about :xxgrinning--00xx3:

Time to celebrate :Jump::Jump:

[lastlid]

Sent this Email to the Ambassador and have also contacted my MP.

Dear Mr Ambassador
I am writing regarding my wife Mrs Mary Grace XXXXXXXXX application for a spousal visa which was refused by your Embassy and the refusal was upheld by an Entry Clearance Manager.
I was due to appear at the Tribunal Service in the UK tomorrow september 12th but have now been informed by my solicitor that the hearing has been cancelled as the Presenting officer representing you has pulled the case and instructed that the visa be issued.
Whilst I am naturally delighted at the outcome I am nonetheless extremely angry at the way we have been treated by your staff. Part of the refusal says that I provided no proof that I have ever visited the Philippines in the form of a passport or flight bookings or Photographs of myself and my wife. I have now visited the Philippines 3 times although at the time of my application I provided a copy of my passport which included a visa and 2 entry and exit stamps as well as a copy of My Marriage certificate. You are no doubt aware that to get married in the Philippines requires a British Citizen to obtain a certificate of Legal Capacity to marry from the British Embassy in Manila which is exactly what I did in September last year. Why did your ECO not check this and more importantly why did your ECM not check this before upholding the refusal. Incidentally our supporting documents also included many photographs and copies of flight bookings.
It is blatantly obvious that the Entry Clearance department at the Embassy is not fit for purpose from the top down. You charge in excess of £900 for a spousal visa application and don't even have the decency to read it properly. This cannot be argued because our refusal quite clearly shows that the application was not studied properly. There are too many mistakes to argue otherwise. For your ECM to then uphold the refusal and allow the matter to proceed to tribunal defies logic. Fortunately someone in the UK spotted your staffs incompetence before the matter went before a judge.
I am pursuing the reimbursement of our expenses here and have also contacted my MP on this matter.
I would ask that if your staff have a shred of decency in them would it be possible for them to issue my wife's Visa asap. It is our wedding anniversary on the 4th October and I would very much like to spend it with her.
I don't feel that this is a lot to ask in view of the way we have been treated and would be grateful if you could in some way speed this up. Perhaps at the same time you could get a member of your staff to apologise to my wife for her treatment particularly the very insulting accusation that she was abandoning our son.


Thanking you in anticipation
Yours sincerely

Excellent. :xxgrinning--00xx3:

Yes, "not fit or the purpose from the top down" indeed.

[andy222]

Well I think your a bit more tollerent than me marco. This is just my opinion on what I would do if I was in your shoes. I would wait until your wife is here then get in touch with your solicitor to see if I could take them to the cleaners. All the anguish you have been through and basicly they have called you a liar. They have been negligent. Just my opinion.

[lastlid]

Well I think your a bit more tollerent than me marco. This is just my opinion on what I would do if I was in your shoes. I would wait until your wife is here then get in touch with your solicitor to see if I could take them to the cleaners. All the anguish you have been through and basicly they have called you a liar. They have been negligent. Just my opinion.

I agree Andy. And more. They* could have overturned this at the reconsideration stage. But chose not to. They must have looked at Marco's reconsideration letter and chose to ignore it! They then proceeded to try and defend this and wrongly so, but knowingly. And surely knowing the anguish it would cause to Marco and his wife. I think that stretches the word negligence into another domain. It takes it up to another level. Negligence on its own implies a lack of care. This wasn't just a lack of care, unfortunately.

More like gross negligence or wilful negligence / misconduct. This may sound like I am splitting hairs but I am not.

* Those sort of people, surely, shouldn't be working for the civil service.

[Michael Parnham]

Have been following your updates, so well done Bigmarco.

[Iani]

This sort of thing unfortunately only upholds a long suspected view of mine, which is that many people working in the public sector, are lazy, incompetent or both, and would not survive in the private sector, where every Friday ISN'T "poets day", where they can't sit around all day so they can claim they have too much to do so have to work overtime, where they can't turn up for work looking like Wurzel Gummidge, where they are lucky to get decent pensions or even pay rises.

If I displayed this level of incompetence, ignoring clearly bloody obvious parts - such as the obvious fact you'd been to the Philippines (Trying to say you hadn't defies belief!), then at the very least I would be facing serious disciplinary action.

[lastlid]

This sort of thing unfortunately only upholds a long suspected view of mine, which is that many people working in the public sector, are lazy, incompetent or both, and would not survive in the private sector, where every Friday ISN'T "poets day", where they can't sit around all day so they can claim they have too much to do so have to work overtime, where they can't turn up for work looking like Wurzel Gummidge, where they are lucky to get decent pensions or even pay rises.

If I displayed this level of incompetence, ignoring clearly bloody obvious parts - such as the obvious fact you'd been to the Philippines (Trying to say you hadn't defies belief!), then at the very least I would be facing serious disciplinary action.

Yes, indeed. Accent on the word serious. Up to and including "summary dismissal". Of course they would get the right of appeal :icon_lol:

[Terpe]

This sort of thing unfortunately only upholds a long suspected view of mine, which is that many people working in the public sector, are lazy, incompetent or both, and would not survive in the private sector................

That's a very broad brush.
I have worked in the public sector and the private sector.
Human nature is human nature and your view is applicable to all walks of life and all employements whether public or private sector.

[malchard888]

So pleased to read the good news Marco, u have both been through hell and your shoddy treatement should surely be the subject of an internal investigation as all ECo's should be well aware that they are playing with peoples lives and errors such as this cause so much distress. Best wishes to you both :)

[grahamw48]

That's a very broad brush.
I have worked in the public sector and the private sector.
Human nature is human nature and your view is applicable to all walks of life and all employements whether public or private sector.

Agreed !

Every occupation has a few bad apples and wasters, but the majority are probably doing a conscientious job. :)

[Rory]

Great news mate. About time as well. :xxgrinning--00xx3:

[gladz]

Excellent news bigmarco:xxgrinning--00xx3:

Congratulations!:xxparty-smiley-050:

[joebloggs]

:yikes: missed your post Marco, I've not been on here much, I've got a legal problem thats taking my time up too :NoNo:

but :Jump::xxgrinning--00xx3::xxgrinning--00xx3: to you and your wife.

the :censored::furious3::angry: for putting u thru that and dropping out at the last minute :angry:

[stevewool]

Does this now mean I can stop beating your high scores in the arcade as you will have better things to be thinking about :xxgrinning--00xx3:

Time to celebrate :Jump::Jump:

nice:icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol::icon_lol:

[bigmarco]

I only just picked this up as I am in Shanghai, it is wonderful news Marco, I am so happy that it has been overturned.

Does this now mean I can stop beating your high scores in the arcade as you will have better things to be thinking about :xxgrinning--00xx3:

Time to celebrate :Jump::Jump:

I was thinking exactly the same thing last night Steve. You will be seeing a bit less of me in the arcade now.:icon_lol::icon_lol:

[bigmarco]

Well I think your a bit more tollerent than me marco. This is just my opinion on what I would do if I was in your shoes. I would wait until your wife is here then get in touch with your solicitor to see if I could take them to the cleaners. All the anguish you have been through and basicly they have called you a liar. They have been negligent. Just my opinion.

You are quite right my friend. But as my solicitor pointed out not only did they call us liars they also called my 92 year old mother a liar as she sent a supporting letter. Very angry :cwm23:

[sars_notd_virus]

Well done ..Congratulations!!:xxgrinning--00xx3: