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Thread: hi there my name is patrick need help with a visit visa for my wife

  1. #1
    Respected Member patrickm1978's Avatar
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    hi there my name is patrick need help with a visit visa for my wife

    my name is patrick i live in the north of ireland i need some help and advise from other people here in the same situation as me.

    on the 20th of august i got married to my wife rotsen in the catholic church in san fernando cebu we first met 18 months ago on my first trip to cebu i met her online as i am sure many others here have also done
    anyway on my first visit we met at mactan airport after chatting for 8 months we traveled around bohol and the province when i was there and we got engaged on that first trip when i was to return home we made an application for a six month visit visa but it was refused here is refusal letter that they sent rotsen.


    NOTICE OF IMMIGRATION DECISION
    In compliance with the Immigration (Notices) Regulations 2003 made under section 105 of the Nationality, Immigration and Asylum Act 2002
    REFUSAL OF ENTRY CLEARANCE
    Post reference : MANILA /603624
    To: ROTSEN VILLARIASA
    Date of Birth: 06/08/88 Nationality:PHL
    ___________________________________________________
    Your Application
    You have applied for an entry clearance to visit the United kingdom for 5-6 months.I have considered your application under Paragraph 41 of the United Kingdom Immigration Rules.You can read these rules at:
    http://www.ukba.homeoffice.gov.uk/po...igrationrules/
    The Decision
    I recognize that family visits are important.I must assess the information you have provided about yourself separately from your sponsor's part of your application.I am satisfied that your sponsor is able to maintain you in the UK.I acknowledge that despite the fact that he is in receipt of state benefit,he is also working.However,it is your responsibility to satisfy me that your circumstances here are such that if given leave to enter you will comply with all of the conditions attached to such leave and that you will leave the UK on completion of the proposed visit but for the following reasons you have not done that.
    You have shown no evidence of social or economic ties here.You do not work,do not appear to have ever worked.You met this man last month in cebu and now have applied to spend 6 months in the Uk,further evidence that you have no urgency or commitments to return too in the Philippines.You have shown no evidence of financial dependence on him.On balance I am not satisfied that you meet the requirements of paragraph 41(i/ii).
    I have therfore refused your application because I am not satisfied,on the balance of probabilities ,that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.
    ___________________________________________________
    Your right of appeal
    Your application does not attached a full right of appeal under section 82(1) of the Nationality.Immigration and Asylum Act 2002.Your right to appeal is limited to any or all of the grounds referred to in a section 84(1)(b) and (c) of the Nationality,Immigration and Asylum Act 2002
    b) the decision is unlawful by virtual of section 19B of the Race Relation Acts 1976 (c.74)(discrimanation by public authorities);
    c) that the decision is unlawful under section 6 of the Human Rights Act 1998 (c.42)(public authority not to act contrary to Human Rights Convention)as being incompatible with the appellant's Convention rights.

    ___________________________________________________
    Entry Clearance Officer : gd
    Date of refusal: 11/02/2011
    Date sent to applicant : 14/02/2011
    How sent: (via VAC)
    If noticed personally handed to you by an Entry Clearance Officer,please sign below:
    Applicants signature:
    Date
    since then we have got married in san fernando cebu
    she has to change her status on her passport then after that we plan to try for a visit visa again for her to join me here for 5 months to met other family that could not attend our wedding
    i will be sponsoring her visa as will my family also will support this visa application i work full time in the mental health and social care sector
    i have savings and i do support my wife the last refusal say she has not financial ties to the uk well she does now i have been sending moneygrams to my wife every month for 10.000 peso as she has no job and its not that she does not wish to work its just there is no work as i am sure if you been in the phills you will know the situation there
    if i can get her here on the visit visa then on her return if she gets the visit visa i told her that she should try for a eea family permit as i hold an Irish passport as do i hold a British one cause i live in north Ireland
    any advise you can give me would be a great help i am looking for friends here that really know about this stuff as my head is fried with all this


  2. #2
    Administrator KeithD's Avatar
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    You'll find plenty on here searching for VISIT VISA

    Odds of getting one are slim if she is your fiancee
    Keith - Administrator


  3. #3
    Moderator joebloggs's Avatar
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    if your married and you're living in the UK a visit visa is not really the right visa she should be applying for, if your married why should she be visiting you ?, it should be a settlement visa, what reason has she for returning back to the phils ? if her husband is here she will probably be refused again, because they will not believe she will go back before her visa expires and will become an overstayer.

    sorry just saw about the family permit, why are you applying for a visit visa ??
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  4. #4
    Admin's Assistant ^_^ raynaputi's Avatar
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    why don't you (your wife) just apply for a Spouse Visa? It has a greater chance of being approved now.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  5. #5
    Respected Member patrickm1978's Avatar
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    well i wanted my wife rotsen to join me here on the visit visa as a family member
    i know that the visit visa is for 6 months but i wanted her to stay here the 5 month i was going to buy the ticket if the visa was approved and on return i thought she could try for the eea family permit
    i was thinking if she was here for 5 months she is not overstaying so it would look good for my wife when we try her for the eea family permit


  6. #6
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    As has been said above, applying for a Family Visit non-settlement visa will now be more difficult, as there will be more social and economic ties to N.Ireland then before, and less reasons for your spouse to return to the Philippines at the end of her stay. Unless you have have suitable evidence to the contrary, the visa will be assessed in exactly the same way by the ECO as the previous one.

    As above, your alternative option is a Settlement Visa, namely the Spouse Visa. If you can prove suitable financial proof for supporting both you and your spouse without recourse to public funds, and can show sufficient evidence of a stable and genuine relationshi then this visa would be much easier to obtain then the Family Visit Visa. However it is considerably more expensive.

    Sorry to impart the bad news on you, but I hope this helps and wish you all the success in your future endeavours.


  7. #7
    Moderator joebloggs's Avatar
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    if you are eligable to apply for a family permit for her it would be more difficult to refuse than a spouse or visit visa !
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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