spouse given settlement visa but children denied help

[mmsjr6]

hi everyone i would just like to thank everyone who gave us advice with our visa problem with the children and F*@k you to the bnp member above

and i will like to show what has happened with our visa case over the last few days

1st reply from embassy the eco,s decision

i have refused your visa application on this occassion through reference to the above paragraphs(s) of the immigration rules . this decision was made on the merits of the application.

the eco,s reasons and supporting evidence

i am not satisfied you meet the paragraph of the rules above

Because:

you propose to travel to the uk with your mother who has made an application for entry clearance as a spouse . whilst you have submitted an affidavit from your father you have submitted no evidence that your mother has legal custody of you . i addition you have provided no evidence of your fathers current whereabouts or that your mother has had sole responsibilty for your upbringing i am not therefore satisfied that you meet the requirments of paragraph 301(i)(b) of the immigration rules

i therefore refuse your application.

in reaching this decision to refuse your application i have given careful consideration to your qualified right to family and private life under article 8 of the european convention of human rights however i am satisfied that any perceived interference with your right to family life under article 8 is proportionate to the aim of maintaining an effective immigration control and does not therefore breach your convention rights. in addition , i am not satisfied that there are any insurmountable obstacles to your family member travelling to the philippines to enjoy family life with you in this country .


our reply

dear sir/madam

My wife and i have applied for a settlement visa in uk we have been together for 4 years
,and will have have been married for 2 years this coming march my wife has 3 kids from a previous marriage
which was annulled in the philippines courts . Yesterday we got our application back and to our horror my wife
has been granted a settlement visa but not our 3 kids .I am the sole provider for my family how can my wife come to uk and leave the 3 kids there
is this a sick joke by the manila embassy please can we have some advice on how to correct this

yours faithfully

then we sent this

On tuesday we got our deciscion were my wife was giving a visa but our three children were denied
the reason stated for the refusal was .

you propose to travel to the uk with your mother who has made an application for entry clearance as a spouse . whilst you have submitted an affidavit from your father you have submitted no evidence that your mother has legal custody of you . i addition you have provided no evidence of your fathers current whereabouts or that your mother has had sole responsibilty for your upbringing i am not therefore satisfied that you meet the requirments of paragraph 301(i)(b) of the immigration rules .

we processed our application using the check list and were unaware of the need of this information we have now got this information . Fathers address and phone number if the ECO wishes to contact him or his current partner and also a letter from the father stating he has given my wife full custody of the children. The anullment papers that states my wife has custody of children . Letters from school principal stating that she has been the only attending parent to school activitys and receipts for school fees payed by my wife .

The ECO who handled our case was DBrown would it be possible to arrange an appointment with him/her to show them documents that were missing from original application.

were are hoping to avoid a lenghtly appeal process

yours Faithfully

they replied with this on monday

Further to your fax received here on 21st September 2009, I have reviewed the case in light of your correspondence. I acknowledge that you have submitted an affidavit from your ex-husband and copies of part of your annulment hearing. However none of these documents mention that you have been granted sole legal custody of your children. Having carefully reviewed the applications I am satisfied that the original decision was correct and I am not minded to reverse that decision.

so we replied with this on tuesday

please read the paragraph below

it is necessary to satisfy the Home Office that the sponsoring parent has, usually for a substantial period of time, been the chief person exercising parental responsibility for the child. This means that the sponsoring parent has had and still has the ultimate responsibility for the major decisions relating to the child’s upbringing and provides the child with the majority of the financial and emotional support it requires. The sponsoring parent must show that he or she has had, and continues to have, care and control of the child.

I am now at a loss as to what you term as sole legal custody .

according to the paragraph above we have provided you evidence that my wife has had sole responsibility for the children since the ex husband left in 2005 . she still has ultimate responsibility for the major decisions relating to the children's upbringings and provides the children with the complete financial an emotional support

I am therefore confused and angry as to why my children have been denied visas is my wife supposed to come to UK and leave the children there the father was deemed by the Philippines courts as unfit

TEST RESULT AND EVALUATION;
RESPONDENT IS FOUND TO BE LACKING IN MATURE DISPOSITION AND IS TOTALLY UNAWARE OF THE ESSENTIAL REQUISITE EXACTED BY SOCIETY FROM HIM IN ORDER TO FULLFILL HIS OBLIGATIONS BEING A MARRIED MAN . HE IS DEEMED TO BE SUFFERING FROM NARCISSISTIC PERSONALITY DISORDER ( DSM IV -R {AXIS II CLUSTER B 301.81} A CONDITION THAT IS GRAVE INCURABLE AND PATHOLOGICAL SUCH THAT IT DEBILITATES HIM FROM BECOMING AN IDEAL MARITAL PARTNER HIS CHARACTER FLAWS OF INSECURITY ,IMMATURITY SELF CENTEREDNESS,INTERPERSONAL EXPLOITATIVENESS, AND LACK OF EMPATHY DISABLES HIM FROM ASSUMING HIS DUTIES TO PETITIONER BEGGINING BY EARLY ADULTHOOD

According to your reply you deem it acceptable for us to leave our children with this person .I ask would you leave your own children with this Person.

As a member of the British Armed Forces i find it disgusting that i cant bring my family to live in the country i have sworn to serve and protect

I am seriously considering asking the newspapers in the UK if they would be interested in my story of how the British Embassy in Manila denied a member of the British Armed Forces from bringing his family to live in the UK

I am hoping and praying that this matter can be cleared up as we are desperately trying to avoid the appeal process due to my duties as a member of the armed forces

yours faithfully

they replied with this today

Thank you for your fax received here today. Whilst I am satisfied that the decision was correct at the time that it was made, in light of your representations, the decision to refuse the clearances has now been overturned. We are now prepared to issue visas.

You must send the passports to the Embassy within 3 months from the date of this letter at the following address:

MNL 468237/238/239
Visa Services
British Embassy Manila
120 Upper McKinley Road
McKinley Hill
Taguig City 1634

PLEASE ENSURE YOU INCLUDE A PRE-PAID COURIER RETURN ENVELOPE. You can use the following courier companies: LBC / Aboitiz 2GO / JRS Express / DHL Express / Air 21.
Failure to do so will result in your original documents and passport not being returned to you.

NOTE: We can only accept passports for stamping that have been forwarded through a courier.


Yours sincerely


Correspondence Team
Visa Services
UK Border Agency
British Embassy Manila

IT TURNS OUT THE ECOS ARE HUMAN AFTER ALL UNFORTUNATLY THEY HAVE TO FOLLOW GUIDELINES SET DOWN FOR THEM

i hope this give a little bit of inspiration to anyone in the same boat

[adam&chryss]

hi everyone i would just like to thank everyone who gave us advice with our visa problem with the children and F*@k you to the bnp member above

and i will like to show what has happened with our visa case over the last few days

1st reply from embassy the eco,s decision

i have refused your visa application on this occassion through reference to the above paragraphs(s) of the immigration rules . this decision was made on the merits of the application.

the eco,s reasons and supporting evidence

i am not satisfied you meet the paragraph of the rules above

Because:

you propose to travel to the uk with your mother who has made an application for entry clearance as a spouse . whilst you have submitted an affidavit from your father you have submitted no evidence that your mother has legal custody of you . i addition you have provided no evidence of your fathers current whereabouts or that your mother has had sole responsibilty for your upbringing i am not therefore satisfied that you meet the requirments of paragraph 301(i)(b) of the immigration rules

i therefore refuse your application.

in reaching this decision to refuse your application i have given careful consideration to your qualified right to family and private life under article 8 of the european convention of human rights however i am satisfied that any perceived interference with your right to family life under article 8 is proportionate to the aim of maintaining an effective immigration control and does not therefore breach your convention rights. in addition , i am not satisfied that there are any insurmountable obstacles to your family member travelling to the philippines to enjoy family life with you in this country .


our reply

dear sir/madam

My wife and i have applied for a settlement visa in uk we have been together for 4 years
,and will have have been married for 2 years this coming march my wife has 3 kids from a previous marriage
which was annulled in the philippines courts . Yesterday we got our application back and to our horror my wife
has been granted a settlement visa but not our 3 kids .I am the sole provider for my family how can my wife come to uk and leave the 3 kids there
is this a sick joke by the manila embassy please can we have some advice on how to correct this

yours faithfully

then we sent this

On tuesday we got our deciscion were my wife was giving a visa but our three children were denied
the reason stated for the refusal was .

you propose to travel to the uk with your mother who has made an application for entry clearance as a spouse . whilst you have submitted an affidavit from your father you have submitted no evidence that your mother has legal custody of you . i addition you have provided no evidence of your fathers current whereabouts or that your mother has had sole responsibilty for your upbringing i am not therefore satisfied that you meet the requirments of paragraph 301(i)(b) of the immigration rules .

we processed our application using the check list and were unaware of the need of this information we have now got this information . Fathers address and phone number if the ECO wishes to contact him or his current partner and also a letter from the father stating he has given my wife full custody of the children. The anullment papers that states my wife has custody of children . Letters from school principal stating that she has been the only attending parent to school activitys and receipts for school fees payed by my wife .

The ECO who handled our case was DBrown would it be possible to arrange an appointment with him/her to show them documents that were missing from original application.

were are hoping to avoid a lenghtly appeal process

yours Faithfully

they replied with this on monday

Further to your fax received here on 21st September 2009, I have reviewed the case in light of your correspondence. I acknowledge that you have submitted an affidavit from your ex-husband and copies of part of your annulment hearing. However none of these documents mention that you have been granted sole legal custody of your children. Having carefully reviewed the applications I am satisfied that the original decision was correct and I am not minded to reverse that decision.

so we replied with this on tuesday

please read the paragraph below

it is necessary to satisfy the Home Office that the sponsoring parent has, usually for a substantial period of time, been the chief person exercising parental responsibility for the child. This means that the sponsoring parent has had and still has the ultimate responsibility for the major decisions relating to the child’s upbringing and provides the child with the majority of the financial and emotional support it requires. The sponsoring parent must show that he or she has had, and continues to have, care and control of the child.

I am now at a loss as to what you term as sole legal custody .

according to the paragraph above we have provided you evidence that my wife has had sole responsibility for the children since the ex husband left in 2005 . she still has ultimate responsibility for the major decisions relating to the children's upbringings and provides the children with the complete financial an emotional support

I am therefore confused and angry as to why my children have been denied visas is my wife supposed to come to UK and leave the children there the father was deemed by the Philippines courts as unfit

TEST RESULT AND EVALUATION;
RESPONDENT IS FOUND TO BE LACKING IN MATURE DISPOSITION AND IS TOTALLY UNAWARE OF THE ESSENTIAL REQUISITE EXACTED BY SOCIETY FROM HIM IN ORDER TO FULLFILL HIS OBLIGATIONS BEING A MARRIED MAN . HE IS DEEMED TO BE SUFFERING FROM NARCISSISTIC PERSONALITY DISORDER ( DSM IV -R {AXIS II CLUSTER B 301.81} A CONDITION THAT IS GRAVE INCURABLE AND PATHOLOGICAL SUCH THAT IT DEBILITATES HIM FROM BECOMING AN IDEAL MARITAL PARTNER HIS CHARACTER FLAWS OF INSECURITY ,IMMATURITY SELF CENTEREDNESS,INTERPERSONAL EXPLOITATIVENESS, AND LACK OF EMPATHY DISABLES HIM FROM ASSUMING HIS DUTIES TO PETITIONER BEGGINING BY EARLY ADULTHOOD

According to your reply you deem it acceptable for us to leave our children with this person .I ask would you leave your own children with this Person.

As a member of the British Armed Forces i find it disgusting that i cant bring my family to live in the country i have sworn to serve and protect

I am seriously considering asking the newspapers in the UK if they would be interested in my story of how the British Embassy in Manila denied a member of the British Armed Forces from bringing his family to live in the UK

I am hoping and praying that this matter can be cleared up as we are desperately trying to avoid the appeal process due to my duties as a member of the armed forces

yours faithfully

they replied with this today

Thank you for your fax received here today. Whilst I am satisfied that the decision was correct at the time that it was made, in light of your representations, the decision to refuse the clearances has now been overturned. We are now prepared to issue visas.

You must send the passports to the Embassy within 3 months from the date of this letter at the following address:

MNL 468237/238/239
Visa Services
British Embassy Manila
120 Upper McKinley Road
McKinley Hill
Taguig City 1634

PLEASE ENSURE YOU INCLUDE A PRE-PAID COURIER RETURN ENVELOPE. You can use the following courier companies: LBC / Aboitiz 2GO / JRS Express / DHL Express / Air 21.
Failure to do so will result in your original documents and passport not being returned to you.

NOTE: We can only accept passports for stamping that have been forwarded through a courier.


Yours sincerely


Correspondence Team
Visa Services
UK Border Agency
British Embassy Manila

IT TURNS OUT THE ECOS ARE HUMAN AFTER ALL UNFORTUNATLY THEY HAVE TO FOLLOW GUIDELINES SET DOWN FOR THEM

i hope this give a little bit of inspiration to anyone in the same boat

well done!

thanks for sharing this.. very informative

congratulations to you and your family!

[walesrob]

Excellent result! Congratulations.

[aphrodite78]

hi everyone i would just like to thank everyone who gave us advice with our visa problem with the children and F*@k you to the bnp member above

and i will like to show what has happened with our visa case over the last few days

1st reply from embassy the eco,s decision

i have refused your visa application on this occassion through reference to the above paragraphs(s) of the immigration rules . this decision was made on the merits of the application.

the eco,s reasons and supporting evidence

i am not satisfied you meet the paragraph of the rules above

Because:

you propose to travel to the uk with your mother who has made an application for entry clearance as a spouse . whilst you have submitted an affidavit from your father you have submitted no evidence that your mother has legal custody of you . i addition you have provided no evidence of your fathers current whereabouts or that your mother has had sole responsibilty for your upbringing i am not therefore satisfied that you meet the requirments of paragraph 301(i)(b) of the immigration rules

i therefore refuse your application.

in reaching this decision to refuse your application i have given careful consideration to your qualified right to family and private life under article 8 of the european convention of human rights however i am satisfied that any perceived interference with your right to family life under article 8 is proportionate to the aim of maintaining an effective immigration control and does not therefore breach your convention rights. in addition , i am not satisfied that there are any insurmountable obstacles to your family member travelling to the philippines to enjoy family life with you in this country .


our reply

dear sir/madam

My wife and i have applied for a settlement visa in uk we have been together for 4 years
,and will have have been married for 2 years this coming march my wife has 3 kids from a previous marriage
which was annulled in the philippines courts . Yesterday we got our application back and to our horror my wife
has been granted a settlement visa but not our 3 kids .I am the sole provider for my family how can my wife come to uk and leave the 3 kids there
is this a sick joke by the manila embassy please can we have some advice on how to correct this

yours faithfully

then we sent this

On tuesday we got our deciscion were my wife was giving a visa but our three children were denied
the reason stated for the refusal was .

you propose to travel to the uk with your mother who has made an application for entry clearance as a spouse . whilst you have submitted an affidavit from your father you have submitted no evidence that your mother has legal custody of you . i addition you have provided no evidence of your fathers current whereabouts or that your mother has had sole responsibilty for your upbringing i am not therefore satisfied that you meet the requirments of paragraph 301(i)(b) of the immigration rules .

we processed our application using the check list and were unaware of the need of this information we have now got this information . Fathers address and phone number if the ECO wishes to contact him or his current partner and also a letter from the father stating he has given my wife full custody of the children. The anullment papers that states my wife has custody of children . Letters from school principal stating that she has been the only attending parent to school activitys and receipts for school fees payed by my wife .

The ECO who handled our case was DBrown would it be possible to arrange an appointment with him/her to show them documents that were missing from original application.

were are hoping to avoid a lenghtly appeal process

yours Faithfully

they replied with this on monday

Further to your fax received here on 21st September 2009, I have reviewed the case in light of your correspondence. I acknowledge that you have submitted an affidavit from your ex-husband and copies of part of your annulment hearing. However none of these documents mention that you have been granted sole legal custody of your children. Having carefully reviewed the applications I am satisfied that the original decision was correct and I am not minded to reverse that decision.

so we replied with this on tuesday

please read the paragraph below

it is necessary to satisfy the Home Office that the sponsoring parent has, usually for a substantial period of time, been the chief person exercising parental responsibility for the child. This means that the sponsoring parent has had and still has the ultimate responsibility for the major decisions relating to the child’s upbringing and provides the child with the majority of the financial and emotional support it requires. The sponsoring parent must show that he or she has had, and continues to have, care and control of the child.

I am now at a loss as to what you term as sole legal custody .

according to the paragraph above we have provided you evidence that my wife has had sole responsibility for the children since the ex husband left in 2005 . she still has ultimate responsibility for the major decisions relating to the children's upbringings and provides the children with the complete financial an emotional support

I am therefore confused and angry as to why my children have been denied visas is my wife supposed to come to UK and leave the children there the father was deemed by the Philippines courts as unfit

TEST RESULT AND EVALUATION;
RESPONDENT IS FOUND TO BE LACKING IN MATURE DISPOSITION AND IS TOTALLY UNAWARE OF THE ESSENTIAL REQUISITE EXACTED BY SOCIETY FROM HIM IN ORDER TO FULLFILL HIS OBLIGATIONS BEING A MARRIED MAN . HE IS DEEMED TO BE SUFFERING FROM NARCISSISTIC PERSONALITY DISORDER ( DSM IV -R {AXIS II CLUSTER B 301.81} A CONDITION THAT IS GRAVE INCURABLE AND PATHOLOGICAL SUCH THAT IT DEBILITATES HIM FROM BECOMING AN IDEAL MARITAL PARTNER HIS CHARACTER FLAWS OF INSECURITY ,IMMATURITY SELF CENTEREDNESS,INTERPERSONAL EXPLOITATIVENESS, AND LACK OF EMPATHY DISABLES HIM FROM ASSUMING HIS DUTIES TO PETITIONER BEGGINING BY EARLY ADULTHOOD

According to your reply you deem it acceptable for us to leave our children with this person .I ask would you leave your own children with this Person.

As a member of the British Armed Forces i find it disgusting that i cant bring my family to live in the country i have sworn to serve and protect

I am seriously considering asking the newspapers in the UK if they would be interested in my story of how the British Embassy in Manila denied a member of the British Armed Forces from bringing his family to live in the UK

I am hoping and praying that this matter can be cleared up as we are desperately trying to avoid the appeal process due to my duties as a member of the armed forces

yours faithfully

they replied with this today

Thank you for your fax received here today. Whilst I am satisfied that the decision was correct at the time that it was made, in light of your representations, the decision to refuse the clearances has now been overturned. We are now prepared to issue visas.

You must send the passports to the Embassy within 3 months from the date of this letter at the following address:

MNL 468237/238/239
Visa Services
British Embassy Manila
120 Upper McKinley Road
McKinley Hill
Taguig City 1634

PLEASE ENSURE YOU INCLUDE A PRE-PAID COURIER RETURN ENVELOPE. You can use the following courier companies: LBC / Aboitiz 2GO / JRS Express / DHL Express / Air 21.
Failure to do so will result in your original documents and passport not being returned to you.

NOTE: We can only accept passports for stamping that have been forwarded through a courier.


Yours sincerely


Correspondence Team
Visa Services
UK Border Agency
British Embassy Manila

IT TURNS OUT THE ECOS ARE HUMAN AFTER ALL UNFORTUNATLY THEY HAVE TO FOLLOW GUIDELINES SET DOWN FOR THEM

i hope this give a little bit of inspiration to anyone in the same boat

hi mmsjr6,

see ??? i am really glad your case was overturned. i have the same case but my sols never gave up and i am now brit citizen. don't know if this will be the same case for my kids though. your good news has certainly made my day today. i am really getting so anxious because we got the same case. my two kids' father is nowhere to be found and doesn't want to be found either. dswd has made an effort in finding him when i applied for their travel clearance but to no avail. i guess your effort has trully worked and has been rewarded. you must be on a high when you heard that they are going to overturn their decision. well done and i salute you for standing up for what you truly believe in. i am so happy for you and your family. you deserve it.

[joebloggs]

well done

just shows you, don 't take no for an answer, and you dont ask you don't get

you saved yourself time, money and heartache without having to go to an appeal

pretty rare for them to overturn a refusal

[IainBusby]

IT TURNS OUT THE ECOS ARE HUMAN AFTER ALL

I don't think so.... well not the one who processed your childrens applications anyway. I think he/she just realised that you were going to make a real fuss about it so he/she just kicked it upstairs and let someone else make a sensible decision about it. I mean, nothing changed after you sent the second letter, so if there had been real issues outstanding with regard to their applications, then he/she would have continued to refuse to grant their visas even after you sent the third letter and he/she would have been absolutely right to do so.

Iain.

[joebloggs]

some cases are not so straight forward, some are borderline, so it's not easy to make a decision.

evidence of sole custody, maybe they realise that not everyone has a court order giving them custody, but then they dont want to be piggy in the middle btw fighting parents, by giving a settlement visa to a child when that parent doesn't have custody.

[Ji&Ma]

Ohh thats GREAT Tom, very happy to hear that, well done man!

[mmsjr6]

i myself think it might have been kicked upstairs for a second opinion and i really was going to make a fuss about just glad someone saw sense cheers

[Arthur Little]

i myself think it might have been kicked upstairs for a second opinion and i really was going to make a fuss about just glad someone saw sense cheers

Good for YOU, Tom ... your persistent tenacity has finally paid off! I must admit I'd also have felt inclined towards making whatever fuss might be necessary regarding something I strongly believed I was entitled to [and HAVE, in fact, done so - in past times]. In MY view, EVERY British Citizen OUGHT to have an automatic RIGHT to bring their loved ones ... be they spouse or children ... to live with them in the country where they themselves were born, and have lived all their lives. And since you are a serving member of the Armed Forces of the Crown ... perhaps even more so.

I've followed this thread from its outset. But, due to my lack of knowledge on such matters, I didn't feel adequatetly qualified to offer my penny'sworth earlier. So please allow me to express my personal congratulations and bid you a belated warm Welcome to our friendly and helpful forum. Do please, stay tuned.

[mmsjr6]

thanks arthur

[sophia42]

I just got the result of my children ages 10 and 11 visa application but unfortunately its been denied again for the second time.it is a long story but to make it a little bit clear. Iam separated from their father since 2001 and ever since he had no contact with my children and no support or whatsoever but the eco decision still saying that there is no sound reason why the father cannot look after them despite the evidence that i got from the school principal of my children that they never seen their father since they were enrolled in that school. as if they really looking at the tiniest fault that they can find.