happy and sad

[raynaputi]

not sure a solicitor in the phils would be any use, all appeals now are held in the UK.
i'll see if i can find you a good one.
http://www.ukba.homeoffice.gov.uk/si...latest+news%29

All appeals are processed in the UK now, as what Joe stated..

[Terpe]

iv got my spouse visa granted today but my 5 yr old was denied..

we want to appeal do u know any good solicitor or lawyer?

what should we do please help! im just crying at the moment---nivea

Bruce,

I only just read you post a few minutes ago.
I'm so sorry that to hear what happened.

Yes, you do need to discuss with an experienced and qualified adviser.

I have tried to PM you, but you have elected not to accept PM
Can you change your settings to accept PM?

As others have indicated, this ECO has taken the view that the requirements for 'Sole Responsibility' have not been met.
There is obviously a belief on the part of the ECO that the bio-parent has been responsible in some part for care and has also taken an active interest in the child's welfare.

Sole responsibility can often be a complicated issue and for that reason I feel you need professional help to put forward the strongest case possible.

[bruce]

Oh gosh ..I can fully understand why you are all mostly stating that a UK solicitor would be best ...but I think for sure we will need to submit a statement from the bio father as further evidence in the hope they over turn it ...but how would this process take place? ..bio father is in the phills and solicitor in the UK ..

I don't wish to sound ungrateful ..I am very pleased with all your responses to my problem and will be guided by them x

[bruce]

Bruce,

I only just read you post a few minutes ago.
I'm so sorry that to hear what happened.

Yes, you do need to discuss with an experienced and qualified adviser.

I have tried to PM you, but you have elected not to accept PM
Can you change your settings to accept PM?

As others have indicated, this ECO has taken the view that the requirements for 'Sole Responsibility' have not been met.
There is obviously a belief on the part of the ECO that the bio-parent has been responsible in some part for care and has also taken an active interest in the child's welfare.

Sole responsibility can often be a complicated issue and for that reason I feel you need professional help to put forward the strongest case possible.

Thanks for your reply ...i have looked at settings and it is set to allow ??

[grahamw48]

Oh gosh ..I can fully understand why you are all mostly stating that a UK solicitor would be best ...but I think for sure we will need to submit a statement from the bio father as further evidence in the hope they over turn it ...but how would this process take place? ..bio father is in the phills and solicitor in the UK ..

I don't wish to sound ungrateful ..I am very pleased with all your responses to my problem and will be guided by them x

You're putting barriers in your way that may not exist.

A British solicitor (obviously one specialising in immigration matters) will know how to meet the requirements of the BRITISH ECO.

He will probably just draft a statement to be signed by the child's biological father and then returned. (Delivered and collected by courier if you want to speed things up).
I presume you have the father's address ?

Anyway, clearly you're in need of proper legal advice, but from a British immigration lawyer.

[Terpe]

Oh gosh ..I can fully understand why you are all mostly stating that a UK solicitor would be best ...but I think for sure we will need to submit a statement from the bio father as further evidence in the hope they over turn it ...but how would this process take place? ..bio father is in the phills and solicitor in the UK ..

I don't wish to sound ungrateful ..I am very pleased with all your responses to my problem and will be guided by them x

Bruce, there is no problem in writing a letter to the ECM at the embassy asking for reconsideration, It's always a good strategy and often produces the desired result.
ECO's do make errors.

Remember that the ECO/ECM is under no obligation to review any direct communication and that is why it's so very important to follow the appeals procedure in addition to any direct communication you make.

Sole Responsibiltiy is not any part of the Philippine legal or justice system. It is solely used by UKBA in considering visa applications of children.
I cannot image that a Phils based lawyer would have the necessary knowledge or experience of such cases. Just my opinion.

If you change your PM settings I will send some info just for you to consider.
Once you receive it you can change back your settings.

[bruce]

Oh dear ..I never realised ..I thought you could just send a letter of appeal to the ECM with new evidence and try to get him to overturn the ECO decision's ..

Looks like that option has been removed ? ...you can only appeal and that goes straight to the UK ..is this correct ??

[imagine]

Terpe can Bruce change pm status at that level of membership, im not sure but i just thought to mention just incase

[Terpe]

Bruce, looks like I cannot send you a PM

So I just have to put the information in a different way.

The OISC is responsible for regulating immigration advisers by ensuring they are fit and competent and act in the best interest of their clients

Here is their main website:-
http://www.oisc.gov.uk

You can find complete listings of all Immigration Advisers.


Here is my personal short list possibilities:-
(I am not a solicitor nor do I have any connection to OISC or to any of the organisations listed)

MediVisas 020 7953 3090 http://www.medivisas.com
(contact Victoria Sharkey B.A. (hons) Level 3 OISC immigration adviser)

White Rose Visas 0800 8600851 / 0114 2096247 http://www.whiterosevisas.co.uk
Talbots Solicitors 0800 118 1500 (FREEphone) http://www.talbotssolicitors.co.uk/
Immigration Visa Services - UK 0121 689 9721 http://www.ivs-uk.com


Good luck

[bruce]

Terpe Im sorry I can not change my settings ? ..I have been trying for so long

From very carefully reading all your reply's I think I need to do this ?

1) Write a letter to the ECM in the first instance (can I include new evidence ..like a statement from the bio father?)

2) Find a .UK solicitor to help us with the appeal ..

Many many thanks i really appreciate all the help we are getting here ..

[Terpe]

Terpe Im sorry I can not change my settings ? ..I have been trying for so long :(

From very carefully reading all your reply's I think I need to do this ?

1) Write a letter to the ECM in the first instance (can I include new evidence ..like a statement from the bio father?)

2) Find a .UK solicitor to help us with the appeal ..

Many many thanks i really appreciate all the help we are getting here ..

Technically, it's not allowed to submit new evidence, however most do at the appeal and it's often accepted.
I also think that technically your idea of a written statement from the bio father could be presented as supporting evidence and not new evidence.
Anyway, there is nothing to lose and everything to gain by doing it.

If it was me I would be doing anything and everythings to get that visa regardless of what the rules said.

[joebloggs]

Victoria Sharkey is well known on many forums

you should write to the ECM at the embassy in Manila to ask for reconsideration, if i remember correctly once an appeal is lodged the papers are sent to the ECM to reconsider the appilcation before it goes to appeal.

but you really dont want this to go to appeal it could takes many months , ask for reconsideration but send your appeal form in before the time limit.

[joebloggs]

i think there might be more to this than it seems, because of the reason she was refused, they dont believe that you've told the whole story. . many on here have had no problems getting their kids to the UK and some of them kids must have had contact still with their bio father.

[andy222]

Sorry to hear this you must be going through hell. You will get lots of support and advice on this site.

[bruce]

Hi all ..Bruce here the husband ..

We have waited for so long eh to be together for the rest of our lives ..I have often visited the Philippines ..several times a year but it was heart crunching to say bye to my wife and son (step-son) ..so decided the only route to take was to get them here ...well try at least ..I just could not find work out there and my savings were getting very low and I was not getting any younger!!!

We submitted our applications on the 14th Nov 2011 ..we have only just heard ..you can imagine my pain and my wife's pain when our sons was denied ..how could they approve hers but not my step-sons? what do they think we are going to do with him ??

I know the father of my step-son Jelly ..I personally made it my responsibility to get to know him..I will say he has never wanted custody or responsibility and been happy to just make the odd visit ..he was fine when we spoke to him about England but did ask if he could stay in touch from time to time ..of course I told him that would be fine..

We get him to sign a legal document stating the Mother had full responsibly and custody of Jelly and that he was happy for Jelly to reside in England with us ...also on that statement it stated that he wanted to remain in touch and visit Jelly on occasions while we were still in the Philippines ...I thought this would be fine and meet all the Embassies requirements ...apparently NOT ..they stated because he wanted to remain in contact he still shared responsibility?? and that our application was one-sided ..

Nothing more I can add really ...so happy my wife has been granted a visa ..this means all must be well this end ..but so sad my step-son was denied ...

If my wife does not fly here for a while will this have any implications on her visa ? ..she has it for 2 years does this mean she does not have to fly for 2 years ?

Thanks to all ..

[Eyes O'Donnell]

to hear about your refusal Bruce, it must be annoying after all that wait. Good luck with everything and please keep us updated.

[andy222]

Thats crazy if the father has given consent. Whats the matter with the ukba? They thick or something?
Or is it just a ploy to get the appeal money out of us? These things make me sick.

[bruce]

Yes I feel its very crazy ..not sure what they are trying to achieve ?

I am going to write a letter to the ECM and hope he will see the light ?

Does anybody know the correct address I should use ..thanks

joebloggs who is Victoria Sharkey ? ..am I missing something ?

[bruce]

joebloggs ...its OK I just made a phone call and now i know who Victoria Sharkey is

[joebloggs]

hope things getting sorted and it doesn't have to go to appeal

[bigmarco]

Hi Bruce once again sorry for your bad news.
Just to let you know that we have submitted a reconsideration letter to the embassy and I have copy and pasted their reply at the bottom of this post for you to read. We have today submitted the appeal forms to the Embassy in Manila as the forms state that the appeal will first of all pass to the Entry clearance manager for consideration and if he agrees with the refusal the documents are then sent to the UK for the proper appeal. We have not engaged the services of anyone in the UK as yet but will do should the ECM uphold the refusal. I will of course keep you updated and wish you both the very best.

Our reference:


Dear Ms

Thank you for your letter requesting to reconsider the refusal decision, which we have referred to an Entry Clearance Manager.

Above should take the form of an appeal detailing why you think the decision was incorrect and, if appropriate, submitting evidence to address the refusal reason/s.

Details on how to appeal are indicated on the refusal, with the appeal forms, we sent.


Yours sincerely


G Medina

[bruce]

Hi Bruce once again sorry for your bad news.
Just to let you know that we have submitted a reconsideration letter to the embassy and I have copy and pasted their reply at the bottom of this post for you to read. We have today submitted the appeal forms to the Embassy in Manila as the forms state that the appeal will first of all pass to the Entry clearance manager for consideration and if he agrees with the refusal the documents are then sent to the UK for the proper appeal. We have not engaged the services of anyone in the UK as yet but will do should the ECM uphold the refusal. I will of course keep you updated and wish you both the very best.

Our reference:


Dear Ms

Thank you for your letter requesting to reconsider the refusal decision, which we have referred to an Entry Clearance Manager.

Above should take the form of an appeal detailing why you think the decision was incorrect and, if appropriate, submitting evidence to address the refusal reason/s.

Details on how to appeal are indicated on the refusal, with the appeal forms, we sent.


Yours sincerely


G Medina

Very interesting mate thank you for spending the time to reply much appreciated ...you have done exactly what I have in mind of doing ..nothing to lose but everything to gain in the letter ...

Today I have spoken to a third party (in the UK) reference help with our appeal..they informed me that they would submit our appeal in the UK, it would then be sent to the Philippines where they have the option to overturn there original decision, if they decide to uphold the refusal then it gets sent back to the UK in reediness for the appeal hearing ..so UK to Philippines then Philippines back to UK, there is month gone by in just postage times eh ...

Without any doubt in my mind it is worth sending a reconsideration request letter, but one should remember there is no obligation for the ECO/ECM to even look at ANY request let alone reconsider ..BUT they can NOT ignore an appeal ...one must remember the time span given ..don't leave it to late to appeal !!! ..you may NEVER hear back from your reconsideration letter ..

Good luck mate please please keep us informed ....

PS..do you have the address you sent your letter to ..

[Eyes O'Donnell]

PS..do you have the address you sent your letter to ..

Hi Bruce, here's the address

British Embassy
Visa Services Appeal Team
120 UPPER MCKINLEY RD.
MCKINLEY HILLS
TAGUIG CITY 1634
METRO MANILA

Good luck

[imagine]

Good Luck Bruce , i pray for your success and that soon you will be together the three of you,

god bless

[bruce]

Hi Bruce, here's the address

British Embassy
Visa Services Appeal Team
120 UPPER MCKINLEY RD.
MCKINLEY HILLS
TAGUIG CITY 1634
METRO MANILA

Good luck

Many thanks ...

[bruce]

Good Luck Bruce , i pray for your success and that soon you will be together the three of you,

god bless

God bless to you and your family also ...thank you for your kind words .

And a million thanks to all those that replied and offered many words of help in this thread ..God bless you all ..

[pinkpetals]

congrats on your spousal visa approval...but it would have been much better if they approved your son's visa as well..

but don't worry much sis, m sure you can still find a way..just keep on praying..