Quote Originally Posted by mmsjr6 View Post
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.