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Thread: Wife visa granted...2 kids refused! Help please!

  1. #31
    Respected Member bigmarco's Avatar
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    Mark I know exactly how you feel. All the effort you put into compiling the application and the supporting evidence and they probably dont spend an hour going through your application. Stay strong my friend I'm sure everything will work out fine in the end especially if you can get someone with an ounce of common sense to look at the applications. Good Luck


  2. #32
    Member Stevi's Avatar
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    Heartless


  3. #33
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    Thanks for all the messages of support guys and gals, it really does help. Now to book an anger management course!


  4. #34
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    Mark
    I understand how you feel. A similar situation happened to me 20 years ago and I cursed the manner in which the faceless ECO dismissed the application over what I perceived to be a small but explainable discrepancy. I appealed and won the case but it took a year and was fraught with anxiety.That was then and now is now
    You may not like what I am about to say and at the time I would not have wanted somebody to tell me the same but the ECO was "probably" right to refuse your application based on the information submitted,under the rules and was doing his job correctly.
    He has no remit to apply any sense of discretion and judges the application under the guidelines laid down to him.
    There's nothing personal in it
    You have paid a considerable fee for the application and you should now take the refusal to appeal. It would be prudent to engage the services of an expert in these matters to represent you. Immigration matters are complicated and require specialist knowledge and skill.Just transfer your anger at the ECO into energy towards the appeal and hopefully,a successful outcome


  5. #35
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    Quote Originally Posted by tanga View Post
    Mark
    I understand how you feel. A similar situation happened to me 20 years ago and I cursed the manner in which the faceless ECO dismissed the application over what I perceived to be a small but explainable discrepancy. I appealed and won the case but it took a year and was fraught with anxiety.That was then and now is now
    You may not like what I am about to say and at the time I would not have wanted somebody to tell me the same but the ECO was "probably" right to refuse your application based on the information submitted,under the rules and was doing his job correctly.
    He has no remit to apply any sense of discretion and judges the application under the guidelines laid down to him.
    There's nothing personal in it
    You have paid a considerable fee for the application and you should now take the refusal to appeal. It would be prudent to engage the services of an expert in these matters to represent you. Immigration matters are complicated and require specialist knowledge and skill.Just transfer your anger at the ECO into energy towards the appeal and hopefully,a successful outcome
    An excellent post. But I still feel there is room for improvement in the way of a "bedside manner" from these people, especially when the fees are soooo high.


  6. #36
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    lastlid
    I have to agree with you. From what I have heard from some expats,the manner in which interviews have been conducted leaves a lot to be desired. I have heard stories from friends living here whose wives are applying for tourist visas being treated like bargirls.
    Presumably there's no 'guidelines' for any decorum


  7. #37
    Moderator joebloggs's Avatar
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    Quote Originally Posted by tanga View Post
    He has no remit to apply any sense of discretion and judges the application under the guidelines laid down to him.
    if that is true, why do EC Mangers over turn some refusals before they go to appeal, and why on average are 1/3 of appeals won, because the case worker made the wrong decision.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  8. #38
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    Quote Originally Posted by joebloggs View Post
    if that is true, why do EC Mangers over turn some refusals before they go to appeal, and why on average are 1/3 of appeals won, because the case worker made the wrong decision.
    Joe. I know folk tend to be reluctant to duck on this issue but what kind of competence levels should one be expecting from these individuals? Don't they have a system of checks in place......Marco's result was such a fine example of what I am talking about. Yes, I agree I dont have all the information to hand....but....


  9. #39
    Moderator joebloggs's Avatar
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    i think the EC manager has to check about 25% of refusals , but that means 75% are not checked until the appeal process starts
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  10. #40
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    Quote Originally Posted by joebloggs View Post
    i think the EC manager has to check about 25% of refusals , but that means 75% are not checked until the appeal process starts
    Ah. I see. You sound like you have inside knowledge, Joe. Or a fly on the ECOs wall....

    Maybe they need to up that a tad to a higher percentage....

    I am not the greatest fan of the wonders of Competency but have crossed paths with it and for that a Verifier checks the original Competency assessment. So in effect there are 2 tiers of checking.


  11. #41
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    Oh those last few posts have just depressed me even more...thanks! Meanwhile I'm spending half the night on the phone to my wife trying to console her and persuade her not to give up. Not easy when she is alone with the kids.

    Afraid I can't agree with tanga...I know ALL the info I submitted and the fact is plane..the ECO didn't bother to read most of it.


  12. #42
    Moderator joebloggs's Avatar
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    Quote Originally Posted by MarkR View Post
    I'm spending half the night on the phone to my wife trying to console her and persuade her not to give up. Not easy when she is alone with the kids.
    .
    giving up shouldn't be an option , just hold on, wait and see what tomorrow brings.
    many on here have struggled but got there in the end as you will eventually.

    thou i haven't had a visa refused, I had to wait months for the result of my wives visa app and in the end I complained to every manager I could at the Embassy, the next day I got a forwarded email from one manager to another asking to help me out, the next day my wife got a call to pick her passport up I know its not the same but others on here have had a refusal over turned by the ECM asking them for a reconsideration, others have gone to appeal and won,

    I wish you the best of luck Mark
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  13. #43
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    Quote Originally Posted by MarkR View Post
    ...I know ALL the info I submitted and the fact is plane..the ECO didn't bother to read most of it.
    That being the case, regard this as a bit of bad luck for yourselves and remain optimistic of a reversal.


  14. #44
    Newbie (Restricted Access) Lina's Avatar
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    Smile Hello to everyone

    To Mark
    Hello
    Im currently getting throw the same situation now. My daughter's settlment visa was refused due to the sole responsibility. The differences are that I have one child and live in Russia. it was rejected on the November 2011. Since i arranged a lawyer and also were searching the information non-stop. I was reading your refusal letter and think you need to collect as much evidences as possible. it can be letters from a school or a kindergarden confirmin that your wife was sole carer, for example the letter which says that only her brought them to a doctor and was responsible to make the major decisions at health and education. it might help. also try to get some letters from neighbours if its possible. The best option is to submit the court document, you still can appeal and send it later when its done.
    I wish your situation will resolved soon


  15. #45
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    Quote Originally Posted by MarkR View Post
    Oh those last few posts have just depressed me even more...thanks! Meanwhile I'm spending half the night on the phone to my wife trying to console her and persuade her not to give up. Not easy when she is alone with the kids.

    Afraid I can't agree with tanga...I know ALL the info I submitted and the fact is plane..the ECO didn't bother to read most of it.
    Sadly, there will be some real pricks working there...same as anywhere.

    Hopefully a person more worthy of their job will be handed your papers. Good luck.


  16. #46
    Respected Member Eyes O'Donnell's Avatar
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    Hi Mark,
    All I can say to you and your family is that I wish you all the strength in the world to overcome what you’ve been faced with. Have faith and everything will turn out OK Never ever, ever, ever give up God bless


  17. #47
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    mark My Word!

    I have a ver good feeling that our case will be resolve one day you will remember what I said to you. Not ou worry too much my friend it's just a matter of time you will have your wie and children with you. These are still babies they need all the care their mother could give you got a strong case.
    We wish you all the luck!
    Be strong everything will turn out right in your most favor


  18. #48
    Respected Member bruce's Avatar
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    I know exactly how you feel mate .the same thing happened to us almost two weeks ago now, the refusal notice you posted is almost identical to our sons, my (step-son)

    I sought legal advice and was told there decision was actually unlawful ..we have obtained help with our appeal ...I just could not go through it all again, it was so time consuming and stressful, it was also easy to miss understand each other on skype/phone which made things even more difficult in getting our application together.

    Today we received a draft copy of the appeal letter ...It was superb, if that does not overturn there wrongful decision then nothing will, so far I am very satisfied we obtained legal help.

    My wife is still currently in the Philippines while we fight for our sons Visa ..

    Chin up mate you are not alone, feel free to Pm me ...


  19. #49
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    Good luck to you both.

    If they can let in Romanian pickpockets, Jamaican and Russian gangsters, Vietnamese Cannabis growers, Thai brothel-keepers, mid-eastern terrorists, African child-killers and hundreds of Eastern European criminals and other sundry scumbags...


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    Quote Originally Posted by bruce View Post
    I know exactly how you feel mate .the same thing happened to us almost two weeks ago now, the refusal notice you posted is almost identical to our sons, my (step-son)

    I sought legal advice and was told there decision was actually unlawful ..we have obtained help with our appeal ...I just could not go through it all again, it was so time consuming and stressful, it was also easy to miss understand each other on skype/phone which made things even more difficult in getting our application together.

    Today we received a draft copy of the appeal letter ...It was superb, if that does not overturn there wrongful decision then nothing will, so far I am very satisfied we obtained legal help.

    My wife is still currently in the Philippines while we fight for our sons Visa ..

    Chin up mate you are not alone, feel free to Pm me ...
    Hey Bruce, would your adviser be a friendly sounding and looking woman in London, name begins with V ? If so she is my adviser too (no surprise I saw Terpes recommendation to you on your thread!). She told me she had a similar case to mine. Unfortuately she ALSO told me on Thursday when I rang that she would be emailing our appeal before she went away for a week, but frustratingly I never received anything! Sounds like you were more lucky. Now I have to wait a whole week more before I can see what she comes up with. Annoying as I really want to get it submitted asap just for peace of mind.

    btw: My wife Ann is now coming to UK on 19th April and her mum and a nanny (whom I will be paying) will be looking after the kids for what will hopefully only be 2 or 3 months max.


  21. #51
    Moderator joebloggs's Avatar
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    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  22. #52
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    People here illegally SHOULD be thrown out...irrespective of their new-found 'family life'.

    Families split up all the time. Half the kids at school these days come from broken homes, so hardly unusual. Let them get out and then re-apply. If their circumstances are so rosy, then there will be no problem getting a visa.

    Not letting a BRITISH CITIZEN with hundreds of years of ancestors behind him have his foreign born wife (and kids) come join him here is a totally different matter.

    Maybe Victoria would never have married Albert.


  23. #53
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    Quote Originally Posted by joebloggs View Post
    Thanks for that link, very interesting. Though reading some of the comments below was quite disturbing. It is a shame empathy can't be taught at school, it seems so few people have ANY.


  24. #54
    Moderator joebloggs's Avatar
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    with Immigration been constantly in the news, stories of people working illegal, abuse of immigration rules/laws no wonder many people dont have empathy for these people.

    in the case of 'John' i dont have much empathy for him, but your story is different - it should be your legal right to bring your wife here, the same right a European living in the UK has.

    in 'john' case - 'found himself working illegally to support his family.' how did he expect to support his family if he is studying ? abuse of the student visa is wide spread. many had no intention of studying, they came to work. but they've made it more difficult for genuine students and for people like you Mark.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  25. #55
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    Exactly right Joe.

    It's these FOREIGN parasites and crooks who've screwed up the system for us British nationals.

    Consider this Mark:

    20 years ago the Spouse Visa for my then wife cost me £40.

    A few simple documents and a 5 minute interview at the British Embassy....one visa.

    Same routine 5 YEARS later for her 2 childrens' dependent visas.


  26. #56
    Respected Member bruce's Avatar
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    Quote Originally Posted by MarkR View Post
    Hey Bruce, would your adviser be a friendly sounding and looking woman in London, name begins with V ? If so she is my adviser too (no surprise I saw Terpes recommendation to you on your thread!). She told me she had a similar case to mine. Unfortuately she ALSO told me on Thursday when I rang that she would be emailing our appeal before she went away for a week, but frustratingly I never received anything! Sounds like you were more lucky. Now I have to wait a whole week more before I can see what she comes up with. Annoying as I really want to get it submitted asap just for peace of mind.

    btw: My wife Ann is now coming to UK on 19th April and her mum and a nanny (whom I will be paying) will be looking after the kids for what will hopefully only be 2 or 3 months max.
    What can I say ..I am really thinking about the right words to type here ...just like you Mark I was full of frustration and wanted something done quickly ..every second of every day mattered and still does of course !! ...I am bald but I still managed to pull some hair out of my head ?

    After annoying the hell out of Victoria with phoning and sending her emails I decided I was going to very quickly piss her off ...although it was so so hard I had to back off and let her do her work, I had to totally put my trust in her and remember that our case was not the only case she would be working on...

    Even to this minute I want to email or ring her for the latest .. but I have to fight them thoughts just as you do Mark

    Have trust in her Mark have faith in her and let her do her work ...from my research she is one of the best ..Yes being one of the best means she is going to be very busy..gather your faith in knowing she could never have been so popular if she was letting her customers down.

    On Thursday (I assume before she left work for her holidays) Victoria emailed us a draft copy of the appeal she is preparing for us ...all I can say is that it was nothing short of awesome, try as I might I could never have written an appeal letter that made such an impact and contained so much information in so few words, she was making references to different parts of the law within the draft that I never even knew existed

    I am truly hoping and pray everyday that the decision will be overturned and never go as far as the hearing mainly due to the time that could take, we have already been waiting so long for our lives to start together forever ..the goodbyes @ the airport always broke our hearts...I genuinely feel we have the best opportunity of success with the services Victoria offers.

    Mark you say your wife will be leaving the kids? Are you sure this is the right move to make so quickly? have you spoke to Victoria reference this? Just my opinion but maybe it would be best from an appeal point of view, if you just waited for a couple of months in the hope the decision was overturned?


  27. #57
    Respected Member bruce's Avatar
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    sorry double post ...


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    Quote Originally Posted by grahamw48 View Post
    Exactly right Joe.

    It's these FOREIGN parasites and crooks who've screwed up the system for us British nationals.

    Consider this Mark:

    20 years ago the Spouse Visa for my then wife cost me £40.

    A few simple documents and a 5 minute interview at the British Embassy....one visa.

    Same routine 5 YEARS later for her 2 childrens' dependent visas.
    Oh don't get me wrong I'm not condoning illegal immigration. It was empathy for the British wife and kids I was talking about! Of course you can argue she should never have gotten involved with "Martin" (and it is Victorias case I am referring to not the original, but you have to read quite a lot of the comments to understand that) but then I would think the people on this forum should know that love isn't always that straightforward.

    Interesting to hear it was only £40 for you! Wow. It does seem to be the case that all of the illegals and fraudulent immigration seekers have caused those of us trying to follow the rules and be legal to have a nightmare job these days.


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    Bruce,

    Yes I am placing my trust in Victoria (should we get commission for advertising?) but I'm the same as you, IMPATIENT :-)

    As for my wife coming here, yes I gave it a LOT of thought and asked Victoria on Thursday. She actually thinks it is a very good idea as the clock is already ticking on Ann's visa and if she doesn't 'use' it within 3 months it will then have expired before she can apply for ILR in 2 years time. Also as the original refusal claimed (bizarrely) that her ex was still living with her and thus looking after the kids, having her mother and an un-related nanny look after them in some ways would help the argument. I will of course be supporting my mother in law with the costs and that will be documented.

    To be honest Ann was so devastated by the disappointment that if I hadn't given in to her wishes and brought a ticket for her I was becoming worried she might do something crazy! She will miss the kids of course, she is totally dedicated to them, but hopefully it will only be for a few months.


  30. #60
    Respected Member bruce's Avatar
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    Quote Originally Posted by MarkR View Post
    Bruce,

    Yes I am placing my trust in Victoria (should we get commission for advertising?) but I'm the same as you, IMPATIENT :-)

    As for my wife coming here, yes I gave it a LOT of thought and asked Victoria on Thursday. She actually thinks it is a very good idea as the clock is already ticking on Ann's visa and if she doesn't 'use' it within 3 months it will then have expired before she can apply for ILR in 2 years time. Also as the original refusal claimed (bizarrely) that her ex was still living with her and thus looking after the kids, having her mother and an un-related nanny look after them in some ways would help the argument. I will of course be supporting my mother in law with the costs and that will be documented.

    To be honest Ann was so devastated by the disappointment that if I hadn't given in to her wishes and brought a ticket for her I was becoming worried she might do something crazy! She will miss the kids of course, she is totally dedicated to them, but hopefully it will only be for a few months.
    I hear you Mark ..we just hope that Jelly's visa will be sorted quick but @ the same time we can not let the Wife's visa expire as you have stated, it took so long to obtain and I doubt with the new regulations coming into force this month that we would ever get it again, assuming we even had the money to try again...if that time arrives, although it will break our hearts we will have no choice but for the wife to get onto a plane, of course we will never give up with the appeal.


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