Visa Denied - what to do

[pkelly_uk]

hi.. My wife and daughter are in bacolod, we have been through the spouse visa process and just been denied as they stated that "i was living beyond my means" as my current account was in overdraft for the last few months. (around £1k of a potential £2k overdraft) all other documentation was ok and my daughters UK passport has been issued.

They did not consider that i work and earn over £2k per month takehome, i had to pay for a cesaerian section for our daughters birth in august in the philippines costing over 95000 peso plus wedding costs this year and travel.. i do not have a mortgage in that i own my house in the uk. my total debts equal to 12k - i only have this 12k as we bought a house in bacolod for the future as we would like one day to retire to phil.. i have no uk mortgage (finished it), nothing else.

I do not understand how they came to the decision that I couldnt live without recourse to public funds.. im 39 and have worked since i was 16. what public funds were they referring too!

I intend to appeal - does anyone know of a lawyer in the north west who is an actual lawyer and not just an immigration advisor? i feel this decision totally disregarded my real financial situation to such a degree of stupidity I wonder if there is a chance of applying with for GV51 as im sure they did not review all of the evidence.

Thanks
Paul

[Terpe]

Paul,
Very sorry to hear about that. I really can imagine how you feel.

Regarding an appeal, I stand to be corrected, but I think you can appeal either in UK or in Phils. Somebody will surely comment on that. There would be a slightly longer time required for the documents to be compiled if a UK appeal is made.
Also, appeals can take a long time to conclude. You could well be looking at 6 months.
The positive side is that you will be able to make a new application while the appeal is ongoing.

Whilst I am always saddened to hear about visa refusals, I think you need to consider if any appeal would be finally upheld and entry clearance granted.
On the financials the ECO is looking to the bank statements and other supporting documents to be sure that there is a sufficient sum of money that can be termed disposable, each month. In the case of a couple with child this would amount to about
£160 per week, after deduction of all key payments have been made.
I know hindsight is a wonderful thing, but it would have been better had you not submitted bank statements 'in the red'

[pkelly_uk]

hi terpe,

thanks for the reply, well i guess it wasn't the greatest idea to submit a current account in the red but who has thousands stashed in their current accounts anyway?

I sent them certified copies of my house title deeds showing i had no mortgage this is equal to not having to payout about £500 a month rent/mortgage. Then added an explanation sheet as to why i was in the red and totalling my overall debt of 12k being due to us buying a house in bacolod (along with the land deeds) with the idea that i finish paying it off within the next year. Then i would be 100% debt free earning over £2k a month takehome. How utterly short sited and half witted can the ECO be? They claimed i couldn't support my family without recourse to public funds which is strange as i'm supporting them in the philippines right now without public funds.

I submitted over a years worth of payslips showing over 2k a month net income and then pointed out the costs i had incurred this year with getting married and having a child. They just ignored this.

How many people here can say they have zero mortgage but the imbeciles at the embassy just ignored all this.

It really is true that you try to do the right thing and look after your family and just get kicked for being honest. nice guys really do finish last.

sorry to vent but this has really pissed me off, everyone i work with has some sort of 80 to 220k mortgage if i had taken out a homeowner loan and shoved it in my current account im sure everything would have been great. sigh.

So now i dont get to see my daughter until she is about 1 year old or i sell up and move to the philippines - an option that is seeming more tempting..

Paul

[joebloggs]

sorry to hear about the refusal
one of the main reasons for refusal is over drawn bank statements.
did you mention you had debts of £12K ?
your allowed recourse to public funds but your wife is not, thats the problem
and its not what you earn that counts its what you have left each month, but sure the more you earn the better it is.
did you do a budget for example on a spreadsheet showing all your incomings and out goings ? like terpe said, as a guide you need about £160 a week after paying rent/poll tax.

its not really the ECOs fault they have guide lines if it was one statement overdrawn you probably would have got away with it..

if you have further evidence, a copy of the medical bill, explaining this is why your overdrawn and a budget showing you will have at least £160wk then you could send this to the british embassy in Manila and ask for a reconsideration/review and it might not go to appeal, but dont forget you have 28 days to appeal.

[pkelly_uk]

thats the thing i did explain all this; i have zero rent as i own my house, i submitted hospital bills to show the expenses that put me into overdraft. i explained that in 12 month i would be debt free; no loan and 500 a week to spend on my family the moronic idiots ignored all this.i could have taken out a 50k homeowner loan and shoved it in my current account and the half witted eco would have passed it like a shot.

im going to call them and raise hell for their incompetence but well im toying with the idea of letting my house out and leaving for phil, one less taxpayer in this declining mess.

sorry to rant folks but im so pissed of being ripped off.. they forgot to mention that one of the biggest costs was ther ******* 54000 peso fees

[Arthur Little]

Words fail me, Paul ... I'd been "counting" on your wife having her visa by now - in the light of the Embassy's recent rapid turnover - especially since you appear to have "done everything by the book"! And in your situation I would've been feeling too!! 54,000 peso is a hell of a lot of money by anyone's standards.

[malditako]

95,000 for a CS section?.....thats a lot of money

[joebloggs]

95,000 for a CS section?.....thats a lot of money

yes i was thinking that, my stepsons wife just had a CS and it came to 45,000php for everything.

[bher]

yes i was thinking that, my stepsons wife just had a CS and it came to 45,000php for everything.

me too... been thinking bout that CS price.. even in St Luke's or UST won't costs like that...

[purple]

Sorry to hear about your dilemma Paul. Best to call the ECM for reconsideration since the appeal can take 6 months. I'm sure that you can stress out your rights to being together as married couple, by law should be together. It is sad to know that other people will have to make a decision for legal married couple whether they need to be together or not. This is something I don't understand about the criteria/basis of the ECO's decision.

95,000 for CS is about normal when done in a private hospital...normal delivery is about 25,000-35,000 excluding doctor's professional fee.

[sars_notd_virus]

I intend to appeal - does anyone know of a lawyer in the north west who is an actual lawyer and not just an immigration advisor? i feel this decision totally disregarded my real financial situation to such a degree of stupidity I wonder if there is a chance of applying with for GV51 as im sure they did not review all of the evidence.

Thanks
Paul

Hello Paul welcome here
Its not the amount but how you manage your finances..it shouldn't be consistently overdrawn and no debt(unless you can show that it is managed properly)
Write and contact the UK Embassy in the Philippines and explain all about your financial status,how and why you are consistently overdrawn despite of work pay coming in per month...Goodluck!!!

http://ukinthephilippines.fco.gov.uk...ssy/contact-us

Mr Stephen Lillie
Address:
British Embassy Manila
120 Upper McKinley Road
McKinley Hill
Taguig City 1634

Switchboard:
(+63) (2) 858 2200
Fax:
(+63) (2) 858 2237 - Management
(+63) (2) 858 2305 - Visa
(+63) (2) 858 2371 - Commercial
(+63) (2) 858 2313 - Information
(+63) (2) 858 2342 - Consular
(+63) (2) 858 2216 - Chancery
Website:
http://ukinthephilippines.fco.gov.uk
Office hours:
Office hours (Local time):
Monday-Friday: 08:00-16:45

Office hours (GMT):
Monday-Friday: 00:00-08:45

[Arthur Little]

... 95,000 Php for a Caesarian Section! And WE moan about our NHS!?

[pkelly_uk]

thanks everyone, well i got angry to say the least :( and called the embassy and demanded to talk to the ECO one "MR P RHODES". I asked him if he had approved people with mortgages before and he said yes then i asked how he could consider my finances out of control as i have no mortgage, a well paying job etc. What has killed my overdraft (2k max) balance has been paying for a CS and getting married and travelling many times to phil also paying off the house we have in phil faster that i actually have to. (£20k unsecured loan payed down to £11.800 in 11 months). Once i have completed this im debt free, zero, nothing. All this WAS explained in detail in my covering letter.

Well so far i have faxed MR P RHODES' boss aparantly his name is Dan Hill i have complained the ECO was unfair and grossly negligent. I got a fax back from MR hill in the embassy saying he would look into it. (yeah right). I have filled in an appeal and faxed straight to the embassy, submitted my story to about 6 national newspapers, faxed the minister for immigration and my local MP.

Im sick of working and working and trying to do the right thing, being responsible and i watch asylum cases brought into the country and given a blank cheque. I watch my friend who have never worked abuse their girlfriends and take no responsibility for their children.

My plan is to give this until around next may then rent out my house in england, sell all my posession and move to phil. Im through with this country.

[joebloggs]

i wouldn't have mentioned about your debts no need to

people have been refused before for sending overdrawn bank statements, if it was one you would have probably got away with it.

they have guide lines which they have to follow, and on here we recommend you have £2-3,000 showing on your 6 recent bank statements, and hardly anyone is refused.

you could have used a credit card or loan and put £2-3000 in your current account and once you got your visa paid it off.

if you had mentioned about your loan and debts and overdrawn bank statements you must be able to see why you was refused ? thou your right about not having to pay a mortgage should have gone in your favour and with you expalining why your over drawn should have balanced it out

well i hope you get the result your looking for, i had to complain to the embassy years ago about how long it was taking to process my wifes visa app, after i complained to a whitey she got it the next day, so with a bit of luck you will have got thru to the whiteys at the embassy who will sort it out

[pkelly_uk]

well the ECM overturned the ECO decision
thanks to all here for the help.

[joebloggs]

well the ECM overturned the ECO decision
thanks to all here for the help.

excellent news

[Terpe]

well the ECM overturned the ECO decision
thanks to all here for the help.

Congratulations Paul. That's great news
Very well done for your persistence with the ECO and ECM

[Arthur Little]

well the ECM overturned the ECO decision
thanks to all here for the help.

Great news, Paul ... and belated

[kcnao]

HI PAUL,

first of all, Congratulations Paul. That's great news to get the spouse visa...

I would like to have some advises from you as I have the same problem as my wife s spouse VISA has been refused based on the possibility of recourse to public funds.

The application was rejected on the 1st dec 2010, and we appeal on the 11th Dec with all the support documents. First of all, the ECO didnt even look at the marriage certificate carefully which is a duplicate copy with a offical stamp at the back of it.... and the ECO thinks it is a photocopies.. and thinks our marriage is not real.. Secondly, they think I will access to public funds as I only work for part-time... however I do have over £10K of saving.

You mentioned you have contacted with the ECM ( Mr Hill )in Manila, is it worth it to contact him directly? or should I ask for help from local MP to proof I havent been on benefits in my life.

It is a pain to be seperated with my wife and It is stressful as you could imagine. Is it any other ways to speed up the decision? Obviously, I dont want this to go to the first -tier tribual.... as it is going to take a long time.

Your advises are much appreciated.

regards
KC

[sars_notd_virus]

well the ECM overturned the ECO decision
thanks to all here for the help.

Brilliant!! Congratulations Pkelly!!!

[alanmf1]

Many congratulations.