It's the biggest battle of my lifetime...
It's the biggest battle of my lifetime...
you mean the HO is appealing against you winning an appeal ?
why did they orginally refuse you a visa ?
Very complicated... 3 Refusals, 2 appeals, nearly 2 court hearings and a lot of emotional breakdowns...
I don't even know how to start the story. but this are the chronology of events;
I had raised my daughter ALONE before and after separation from her dad in 2003 and had finalised the annulment in 2008. [FONT="Georgia"] I arranged her to stay with the paternal grand mother in 2009 for 4 months so she can spend time with her cousins before coming to UK where her father also lives.
Feb 2010 My daughter applied for visit visa to UK and was refused
(I have been so honest that I secured a consent letter from her father allowing her to come visit UK)
Reason for refusal: they dont believe that my daughter was coming back to the philippines and there was no financial proof from her father. and so on. and that why she have different adress from the father. (Note: this a visit visa) my husband was the sponsor of this application
March 2010 second application for visa visa- refused
this time she used her fathers home address.
Reason of Refusal: they dont believe her father's financial status is stable because apparently her step dad was sending and earning more money at UK.
April 2011 Settlement application of my daughter to come join us and his baby brother to leave in UK- REFUSED.
Reason: FALSE STATEMENTS BASED ON BALANCE OF PROBABILITY, based on the previous visit applications. ( I had submitted all evidences i could name on this application name it and i have it, i made it so so sure i proven the sole custody its not hard to prove this as long as its true.) I had worked all my life before coming to UK ro raise her and give her a good life.
JUNE 2011 my husband made an appeal was turned down and HO informed us that the appeal will go to court. To quote: I HAVE REVIEWED ALL THE ADDITIONAL INFORMATION PROVIDED AT APPEAL BUT IT DOES NOT CHANGE THE FACT THAT THE APPELANT'S PREVIOUS TWO REFUSED VISIT APPLICATIONS BOTH CONFIRMED THAT SHE WAS SUPPORTED BY HER FATHER IN THE LATTER CASE IT WAS ALSO CONFIRMED THAT SHE LIVED LIVED WITH. THE INFORMATION PROVIDED IN THESE CASE APPLICATIONS CLEARLY CONTRADICTS THE STATEMENTS MADE IN THIS APPLICATION AND NOW AT APPEAL AND IN THE CIRCUMSTANCES I UPHLD BOTH THE DECISION TO REFUSE. I MAINTAIN TO REFUSE ENTRY CLEARANCE.
Sept 2011 we received a letter informing us of the court hearing
30 Oct 2011 Briefing with our solicitor FROM ONE OTHE THE POPULAR IMMIGRATION ADVISERS IN LONDON.
1 Nov 2011 Court hearing @ hatton Cross
1. There was no representative from the HO who in fact made this refusals.
2. The judge himself was the one who cross examined us in a separate occasions our baby boy was not allowed inside the court room so one of us should stay at the waiting lounge during the interrogations.
7 November 2011
WE RECEIVED THE DETERMINATION IN FAVOR OF US!!!!
* THE FAMILY IN UK PLANNED TO SPEND CHRISTMAS ALL TOGETHER TO WELCOME MY DAUGHTER FAMILIES ARE COMING FROM SCOTLAND, OXFORD, YORKSHIRE AND LONDON.
* I ASKED MY DAUGHTER TO WITHDRAW HER ATTENDANCE AT UNI TO SAVE HER FOR PAYING THE SEMESTER.
17 NOVEMBER UKBA APPLIED TO THE FIRST TIER TRIBUNAL FOR PERMISSION TO APPEAL....
***** I BROKE DOWN******
2 DEC 2011
NOTICE OF DECISION
THR FIRST TIER TRIBUNAL HAD REFUSED OR NOT ADMITTED THE APPLICATION FOR PERMISSION TO APPEAL AT THE UPPER TRIBUNAL.
13 JAN 2012 EMAIL FROM MANILA EMBASSY REQUESTING FURTHER DOCUMENTS SUCH A A LETTER FROM HER FATHER STATING AN INDIRECT CONTACT AND THAT HE IS ALLOWING HER TO MOVE TO UK.
After the news of the appeal of the Higher Tribunal I have become more depress... my relationship with my husband has been affected I have become so sensitive and not sleeping well at night, long good cry before going to bed, the only thing that had made stay sane was the fact that I have to look after my son...I had booked my appointment with the Gp regarding my depression on Dec 8 (11)
Very complicated... 4 Refusals, 2 appeals, nearly 2 court hearings and a lot of emotional breakdowns...
I don't even know how to start the story. but this are the chronology of events;
I had raised my daughter ALONE before and after separation from her dad in 2003 and had finalised the annulment in 2008. [FONT="Georgia"][FONT="Arial"][SIZE="3"]I arranged her to stay with the paternal grand mother in 2009 for 4 months so she can spend time with her cousins before coming to UK where her father also lives.
Feb 2010 My daughter applied for visit visa to UK and was refused
(I have been so honest that I secured a consent letter from her father allowing her to come visit UK)
Reason for refusal: they dont believe that my daughter was coming back to the philippines and there was no financial proof from her father. and so on. and that why she have different adress from the father. (Note: this a visit visa) my husband was the sponsor of this application
March 2010 second application for visa visa- refused
this time she used her fathers home address.
Reason of Refusal: they dont believe her father's financial status is stable because apparently her step dad was sending and earning more money at UK.
April 2011 Settlement application of my daughter to come join us and his baby brother to leave in UK- REFUSED.
Reason: FALSE STATEMENTS BASED ON BALANCE OF PROBABILITY, based on the previous visit applications. ( I had submitted all evidences i could name on this application name it and i have it, i made it so so sure i proven the SOLE RESPONSIBILITY its not hard to prove this as long as its true.) I had worked all my life before coming to UK ro raise her and give her a good life.
JUNE 2011 my husband made an appeal was turned down and HO informed us that the appeal will go to court. To quote: I HAVE REVIEWED ALL THE ADDITIONAL INFORMATION PROVIDED AT APPEAL BUT IT DOES NOT CHANGE THE FACT THAT THE APPELANT'S PREVIOUS TWO REFUSED VISIT APPLICATIONS BOTH CONFIRMED THAT SHE WAS SUPPORTED BY HER FATHER IN THE LATTER CASE IT WAS ALSO CONFIRMED THAT SHE LIVED LIVED WITH. THE INFORMATION PROVIDED IN THESE CASE APPLICATIONS CLEARLY CONTRADICTS THE STATEMENTS MADE IN THIS APPLICATION AND NOW AT APPEAL AND IN THE CIRCUMSTANCES I UPHLD BOTH THE DECISION TO REFUSE. I MAINTAIN TO REFUSE ENTRY CLEARANCE.
Sept 2011 we received a letter informing us of the court hearing
30 Oct 2011 Briefing with our solicitor FROM ONE OTHE THE POPULAR IMMIGRATION ADVISERS IN LONDON.
1 Nov 2011 Court hearing @ hatton Cross
1. There was no representative from the HO who in fact made this refusals.
2. The judge himself was the one who cross examined us in a separate occasions our baby boy was not allowed inside the court room so one of us should stay at the waiting lounge during the interrogations.
7 November 2011
WE RECEIVED THE DETERMINATION IN FAVOR OF US!!!!
* THE FAMILY IN UK PLANNED TO SPEND CHRISTMAS ALL TOGETHER TO WELCOME MY DAUGHTER FAMILIES ARE COMING FROM SCOTLAND, OXFORD, YORKSHIRE AND LONDON.
* I ASKED MY DAUGHTER TO WITHDRAW HER ATTENDANCE AT UNI TO SAVE HER FOR PAYING THE SEMESTER.
17 NOVEMBER UKBA APPLIED TO THE FIRST TIER TRIBUNAL FOR PERMISSION TO APPEAL....
***** I BROKE DOWN******
2 DEC 2011
NOTICE OF DECISION
THR FIRST TIER TRIBUNAL HAD REFUSED OR NOT ADMITTED THE APPLICATION FOR PERMISSION TO APPEAL AT THE UPPER TRIBUNAL.
13 JAN 2012 EMAIL FROM MANILA EMBASSY REQUESTING FURTHER DOCUMENTS SUCH A A LETTER FROM HER FATHER STATING AN INDIRECT CONTACT AND THAT HE IS ALLOWING HER TO MOVE TO UK.
After the news of the appeal of the Higher Tribunal I have become more depress... my relationship with my husband has been affected I have become so sensitive and not sleeping well at night, long good cry before going to bed, the only thing that had made stay sane was the fact that I have to look after my son...I had booked my appointment with the Gp regarding my depression on Dec 8 (11)
Last edited by beth18; 18th January 2012 at 16:01. Reason: error
am sorry to hear about your pain with ukba i think ukba do this to make money they said same about my fiancee and me one said she wouldnt go back then they wanted my finances then in endtold us we were not good for visa uk say they want visiters to come to uk but then refuse makes mei wish you luck my prays go with you
Wow I am so pleased you got the right result - did you use any immigration lawyers at all? Your case sounds complex although it shouldnt be, but look forward now and raise yourself up with the happiness of your daughter coming to you.
Sometimes there is no sense in these processes and they serve only the idiots who run these departments in increasing revenue - the fact that no one from the home office attended the hearing says that in volumes..
how old is your daughter? ,
i'm a bit surprised the judge went in your favour at the appeal but i dont know the facts or i'm no expert , but it seems you've not lived with your daughter for at least 2yrs ?? and you would need to prove you have 'sole responsibilty' thats not the same as 'sole custody' and i think this might be a problem as she has contact with her father ( you said you used her fathers address for her)
what visa do you have FLR, ILR or ??
Hi Beth...sorry to hear about all your troubles.
The way I read it, Beth's daughter still hasn't been granted a visa.Wow I am so pleased you got the right result - did you use any immigration lawyers at all? Your case sounds complex although it shouldnt be, but look forward now and raise yourself up with the happiness of your daughter coming to you.
Perhaps this case illustrates why it is probably better just to apply for a dependant's visa straight away, to make sure that all documents requested are absolutely correct, that parental permission from the other biological parent has been received in writing, that sole responsibility can be proved irrefutably, and possibly that this forum is more use than fancy immigration lawyers, by the look of things.
Can this and the other thread be combined into one ?
if the HO get the decision overturned might be a good idea to go back and live with your daughter for a while and try again, this time make sure you have everything covered.
I just re-read this and you are correct -Originally Posted by grahamw48
Hi Beth...sorry to hear about all your troubles.
The way I read it, Beth's daughter still hasn't been granted a visa.
Perhaps this case illustrates why it is probably better just to apply for a dependant's visa straight away, to make sure that all documents requested are absolutely correct, that parental permission from the other biological parent has been received in writing, that sole responsibility can be proved irrefutably, and possibly that this forum is more use than fancy immigration lawyers, by the look of things.I have to revoke my statement and offer my sincere apologies for this crazy situation.
I hope you get the decision, but apart from best wishes I cant offer advice. Our prayers are with you..
Tone
hi Beth.. I am so sorry to hear that! I can't offer you any advice but I will definitely include you in my prayer. If you need anything or someone to talk with just message me and i will be happy to give you my number so we can talk sometimes! :-)
God Bless you!
But we are still in the waiting game.... no visa yet...am sorry to hear about your pain with ukba i think ukba do this to make money they said same about my fiancee and me one said she wouldnt go back then they wanted my finances then in endtold us we were not good for visa uk say they want visiters to come to uk but then refuse makes me
Thank you for the kind words, I still can not comprehend what went through....am sorry to hear about your pain with ukba i think ukba do this to make money they said same about my fiancee and me one said she wouldnt go back then they wanted my finances then in endtold us we were not good for visa uk say they want visiters to come to uk but then refuse makes me
Sorry my story is quite complicted I was having hard time to make it clear in writing.
We have won the the appeal as i said on 7 Nov, but then again UKBA applied to the Upper court for permission to appeal AGAIN BUT THIS TIME TO THE UPPER COURT regarding the decision in short they are claiming that the judge should have NOT overturned the refusal.
Last edited by beth18; 18th January 2012 at 15:54. Reason: error
THANK YOU, I HAVE BEEN TRYING TO STAY SANE COS I AM LOOKING AFTER MY 16 MONTH OLD SON. GETTING THROUGH THOUGH.
Yes you are right no visa granted yet, I dont know when, and not sure if they might come up of anything again.... i still get sleepless night thinking about it... can no longer live with a daughter who i havent spent time for 5 years now....apart from the yearly visit in the Phils its not enough....Hi Beth...sorry to hear about all your troubles.
The way I read it, Beth's daughter still hasn't been granted a visa.
Perhaps this case illustrates why it is probably better just to apply for a dependant's visa straight away, to make sure that all documents requested are absolutely correct, that parental permission from the other biological parent has been received in writing, that sole responsibility can be proved irrefutably, and possibly that this forum is more use than fancy immigration lawyers, by the look of things.
i know sorry i made two threads..should i just delete this one?can this and the other thread be combined into one ?
sorry can you remove this thread so we can keep the other thread? Dont know how to delete it. And can you post this question in the other thread, thank you joeblogs
I do sympathise, as my own (now-ex) wife was in the same situation with her two young kids.
It was made easier for us though, as there was no father's name on their birth certificates (he was known), so very different circumstances for dependant visa application, and I think easier to get then anyway.
Don't give up yet.
Always tell the truth on forms and in interviews, and hopefully things will turn out right in the end.
The UKBA usually realise at some point that the burden of proof also involves how far the applicant goes with the case through the justice system, which is why not many get as far as yours, so either the UKBA have lost the plot or more likely, you've missed important bits out of the story.
If you keep going ahead though it will eventually come out in your favour as that is what the Human Rights Act is for
On a generic note, those who have been around here a long time know how much I hate it when the children aren't sorted out at the same time as the mother, as leaving them behind instantly puts up a red flag for the UKBA, and often on here we see problems trying to bring them over later on.
Keith - Administrator
thank you for the insights.The UKBA usually realise at some point that the burden of proof also involves how far the applicant goes with the case through the justice system, which is why not many get as far as yours, so either the UKBA have lost the plot or more likely, you've missed important bits out of the story.
If you keep going ahead though it will eventually come out in your favour as that is what the Human Rights Act is for
On a generic note, those who have been around here a long time know how much I hate it when the children aren't sorted out at the same time as the mother, as leaving them behind instantly puts up a red flag for the UKBA, and often on here we see problems trying to bring them over later on.
Odd thing was the basis of the initial refusal was based on the previous applications.
My friend said it is the first in their company to have won an appeal and UKBA would appeal against it.... frightened as i was informed that statistically shows anything that has been brought to the upper tribunal most judges sides with UKBA....
I t took me a while to bring my daughter over as we planned everything, we were only married in 2009, the flat has to be refurbished to provide her own bedroom, gave birth in 2010. 2011 was the best time cos she was already finished secondary and would be ready to come here for college.
I just merged the threadsCan this and the other thread be combined into one ?
-=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...
Thank you!
We just sent her passport at the embassy after receiving the letter.x
what letter ? has your daughter been granted the visa now ?
A letter from the embassy asking for her to send her passport, hopefully its gonna be a stamped visa....
well maybe the Home Office have withdrew their appeal
I cannot think of any other reason for them to ask for her passport
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