spouse given settlement visa but children denied help

[IainBusby]

hi everyone ive been with my partner for over 4 years and been married for almost 2 . applied for a settlement visa for her and the 3 kids this june 18 got the answer back yesterday , my wife has been granted a settlement visa and her 3 children from her previuos marriage have all been denied .

my wife is the only provider for the kids , the husband is living with another women he signed forms infront of a lawyer saying the children could leave the country can anybody help please

Can you tell us the reasons they gave for refusing to give visas to the children. I would imagine that it would be either to do with your income or your ablity to house them satisfactorily.
Iain.

[mmsjr6]

Can you tell us the reasons they gave for refusing to give visas to the children. I would imagine that it would be either to do with your income or your ablity to house them satisfactorily.
Iain.

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 .


please can any one give any advice

[aphrodite78]

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 .


please can any one give any advice

can you tell us if your wife was previously married to the father of the kids. and why didn't you give the whereabouts of the father?

i have a friend who has been previously married to the father of the kids, they disclosed everything i.e. the whereabouts of the father and that he is absolutely giving all the rights to my friend and he even said that if the eco would like to confirm the details he gave his phone number and address as well. the father of the kids is living with his new family and the custody was given to my friend. they got their visas and they are now all british citizen.

i am sure you got the right to appeal and if you could prove that the mother is the one providing all the needs of the child (i.e. financially and emotionally) then i think you have a good chance of having the decision overturned. this is what i think but i am sure there is someone in this forum who is more experienced as they have been thru this. i hope you get their visas soon. fingers cross as i am about to file my kids apps as well and looks like i am into a bumpy ride as well.

keep us posted wish you all the luck.

[mmsjr6]

can you tell us if your wife was previously married to the father of the kids. and why didn't you give the whereabouts of the father?

i have a friend who has been previously married to the father of the kids, they disclosed everything i.e. the whereabouts of the father and that he is absolutely giving all the rights to my friend and he even said that if the eco would like to confirm the details he gave his phone number and address as well. the father of the kids is living with his new family and the custody was given to my friend. they got their visas and they are now all british citizen.

i am sure you got the right to appeal and if you could prove that the mother is the one providing all the needs of the child (i.e. financially and emotionally) then i think you have a good chance of having the decision overturned. this is what i think but i am sure there is someone in this forum who is more experienced as they have been thru this. i hope you get their visas soon. fingers cross as i am about to file my kids apps as well and looks like i am into a bumpy ride as well.

keep us posted wish you all the luck.

yes she was married to him didnt give fathers were abouts because we didnt know were he was at the time we applied if we got his details and phone number and adrress could we take this to embassy in person to appeal

[IainBusby]

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 .


please can any one give any advice

I'm almost certain that if you appeal you would win, but firstly it would be better to submit additional evidence to prove that you have "sole responsibility" for the children and their upbringing and additional information with regard to the childrens biological father, including cotact information, then ask them to re-consider their decision. I don't know exactly how you go about asking for a re-consideration, but I think there may be others on this forum who may be able to advise you on this.

If you can't get your case re-considered, then the next step would be an appeal. If you have to lodge an appeal then I believe you have to do it within 21 days and if you appeal directly to the British embassy in Manila, they will automatically look at your case again before they send it to the UK for a full hearing.

I get the impression that the ECO's are a pretty cynical bunch and when they look at your case again, they will make a final decision based almost entirely on whether you are likely to win an appeal or not.

Iain.

[joebloggs]

I'm almost certain that if you appeal you would win, but firstly it would be better to submit additional evidence to prove that you have "sole responsibility" for the children and their upbringing and additional information with regard to the childrens biological father, including cotact information, then ask them to re-consider their decision. I don't know exactly how you go about asking for a re-consideration, but I think there may be others on this forum who may be able to advise you on this.

If you can't get your case re-considered, then the next step would be an appeal. If you have to lodge an appeal then I believe you have to do it within 21 days and if you appeal directly to the British embassy in Manila, they will automatically look at your case again before they send it to the UK for a full hearing.

I get the impression that the ECO's are a pretty cynical bunch and when they look at your case again, they will make a final decision based almost entirely on whether you are likely to win an appeal or not.

Iain.

also

how old are her 3 kids ?

has your wife been looking after them all the time, or have they been looked after by someone else ?

[mmsjr6]

also

how old are her 3 kids ?

has your wife been looking after them all the time, or have they been looked after by someone else ?

kids are 8 , 14 and 16 my wife has been looking after them solely since 2005

[jaishann]

[QUOTE=mmsjr6;173611]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 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

my daughters application was refused on the same ground apart from NO EVIDENCE OF YOUR FATHER. We provided info of my daughter's father , it didnt help at all ..So really we can't win ehh..you provide whereabouts its wrong you dont provide its wrong

But anyway I've posted my appeal hoping they'll reconsider the application. I will let you know soon as I get an update.