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Thread: Appealing against a visa refusal

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    Respected Member briancol's Avatar
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    Appealing against a visa refusal

    ive spoken to a Lawyer about Appealing against a visa refusal,she says it will take up to 4 or 5 monts and would normally cost £1200 to £1400 plus court costs,although she will do it for me for £600 because of my particular circumstances,does anyone know the 'real' cost of an appeal,is £600 a good price? thanks.


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    hello briancol
    sorry to hear that; may i asked what is the reason why did they refused?


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    Respected Member bigmarco's Avatar
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    Hi Sorry to hear about your refusal I'm sure some of our experts will have some idea of the costs involved and will be in a position to advise you.
    I have decided to pursue the appeal myself as I firmly believe we have good grounds and I have therefore submitted the appeal with a request for an Oral hearing which costs £140. Should our refusal not be overturned by the ECM in Manila I intend going to the Appeals Tribunal myself as I believe with all my evidence I have a good case.
    If I was inclined to use a lawyer my primary concern would not necessarily be cost though, more reputation and ability. It's poinless paying £600 unless your pretty sure that you are getting something at the end. There's some pretty good advice on the forum and I'm sure some of them will be able to point you in the direction of someone with both a good reputation and reasonable cost.
    I fully understand what you are feeling at the moment and sincerely wish you the very best of luck with whatever way forward you choose. Stay strong I'm sure it will all come good in the end


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    Respected Member briancol's Avatar
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    hi Schnitzen & Big Marco,sorry if i misled you. my wifes visa hasnt been refused just yet,but we r expecting a refusal next week,the UKBA emailed my wife asking for my up to date bank statememts,wanting to know if i still had a certain amount in my account,the amount i told them off in my wifes visa application,they said they want to see it within 10 days or the visa will be refused,but the fact is that i no longer have the same amount of savings,as it was 6 or 7 months ago i told them about it.a lot of water has run under the bridge since then,so we are expecting bad news from UKBA,though we still live in hope,but ive already spoken to a lawyer about it,hence the reason i asked about laywer fees. i'll keep the forum up to date when i/we have any further news. thanks a lot for your concern.atb.


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    Moderator Arthur Little's Avatar
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    Quote Originally Posted by briancol View Post
    hi Schnitzen & Big Marco,sorry if i misled you. my wifes visa hasnt been refused just yet,but we r expecting a refusal next week, the UKBA emailed my wife asking for my up to date bank statememts,wanting to know if i still had a certain amount in my account,the amount i told them off in my wifes visa application, they said they want to see it within 10 days or the visa will be refused, but the fact is that i no longer have the same amount of savings,as it was 6 or 7 months ago i told them about it.a lot of water has run under the bridge since then,so we are expecting bad news from UKBA,though we still live in hope,but ive already spoken to a lawyer about it,hence the reason i asked about laywer fees. i'll keep the forum up to date when i/we have any further news. thanks a lot for your concern.atb.
    They - the UKBA ... or rather, the British Embassy official (since your wife is in the Phils) who sent such an *email to her - ought to be the party being "told off" for *its "threatening" implication.

    It's outrageous! Naturally you'll have nowhere near the same amount of money as you had in your savings account - before it was [considerably] depleted by the WHOPPING sum charged for a Settlement Visa fee!


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    Moderator joebloggs's Avatar
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    as i've already posted have you anyone who can provide 3rd party financial support for your wife, reducing the risk of need recourse to public funds, have you submitted a budget to show how much money you have left after paying rent, community charge and any loans ??
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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    I'm wondering what is the relevance of their query.

    Lots of people have £1000 in their account one day and 50 pence the next.
    That's how it is with incomings and outgoings....long as it's not overdrawn.

    As long as you have demonstrated evidence and proof of a regular and continuing income, either through employment or self-employment, plus the ability to pay all your regular outgoings while still having sufficient to support you and your partner, what would be the problem ?

    Oh, and as far as I'm aware you're not REQUIRED to have ANY savings (like most people in this country...who are of course up to their eyes in DEBT, truth be known. ).


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    Moderator joebloggs's Avatar
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    your right graham some people managed to get a visa with no savings or job ! i believe Brian doesn't work but is a full time carer for his mother.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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    Moderator Arthur Little's Avatar
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    Quote Originally Posted by grahamw48 View Post

    Lots of people have £1000 in their account one day and 50 pence the next.
    That's how it is with incomings and outgoings.... long as it's not overdrawn.

    As long as you have demonstrated evidence and proof of a regular and continuing income, either through employment or self-employment, plus the ability to pay all our regular outgoings while still having sufficient to support you and your partner, what would be the problem ?
    ... that's what I've always surmised.


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    Respected Member briancol's Avatar
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    yea Joebloggs,ur right,i am carer for my mother, and yes Arthur Little the visa what with my wife return flight to Manila to lodge the application and a hotel for an overnight stay it cost the guts of £1000.but they are the ones with the power over us,they say yea or nay.and we have to accept it,except i wont accept it because i will definitely appeal,though thats more money i could do without wasting.
    thanks Graham48 also,thanks all for your support.


  11. #11
    Moderator joebloggs's Avatar
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    Quote Originally Posted by joebloggs View Post
    as i've already posted have you anyone who can provide 3rd party financial support for your wife, reducing the risk of need recourse to public funds, have you submitted a budget to show how much money you have left after paying rent, community charge and any loans ??
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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    Respected Member briancol's Avatar
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    Quote Originally Posted by joebloggs View Post
    Yes Joebloggs, i already provided all that info to them with my wife application,3rd party help if needed also,and a listing of all my 'in & outs' .
    heres the email my wife got on the 3rd May,
    Dear Mrs ****

    Could you please provide recent bank statements from your spouse showing he has £7,000 in savings as stated in his letter. You have been exceptionally granted the opportunity to submit this document within the next ten working days, failure to submit this document will result in your application for UK entry clearance being refused. Do not reply to this e mails address, if you need to contact for any reason please address your enquiries to manilavisaenquiries@fco.gov.uk the requested documents should be forwarded to us via the visa application centre.


    Your sincerely


    L M Grant
    Visa officer.

    needless to say i no longer have £7000 savings. and if they ask where the money has gone in can tell them,its been spent on the Philippines,one way or another.


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    A long shot, but does this mean that you should submit evidence that you had the money in your account at the time of the application? Rather than months later.....

    Also it seems strange that so many months have elapsed after application submission...when did the application go in?


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    A long shot, but does this mean that you should submit evidence that you had the money in your account at the time of the application? Rather than months later.....

    Also it seems strange that so many months have elapsed after application submission...when did the application go in?


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    Sounds pretty straightforward then.

    You need to submit the docs they've asked for, with (if necessary) a covering letter detailing any deductions from the savings that have come about since the original date of the application...like air tickets etc.


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    Moderator joebloggs's Avatar
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    well from what you've posted b4 that will not be possible to do in time
    have you started the process of getting the money put into your current account ?
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


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    but the fact is that i no longer have the same amount of savings,as it was 6 or 7 months ago
    This bit is confusing me.....does it mean you applied 6 or 7 months ago?


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    Moderator Arthur Little's Avatar
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    Quote Originally Posted by briancol View Post
    we r expecting a refusal next week,
    Life sometimes seems (indeed, often IS) unfair. Here you are, caring for your dependent mother, and left worrying yourself sick over a crass, unreasonable deadline imposed by an unknown, insensensitive - yet no doubt, highly paid - civil servant.

    But, by the same token, even what we might envisage as being the bleakest of scenarios, needn't necessarily turn out to be half as bad as we expect. And while it is easier said than done, I would encourage you to try and remain positive ... things can and frequently do have a habit of turning out much brighter than we'd ever dared hope or think.


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    Arthur, maybe its just me but something doesn't seem to add up, in terms of Brian's timing / timeline here.....can you make sense of it?


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    Respected Member bigmarco's Avatar
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    Quote Originally Posted by lastlid View Post
    Arthur, maybe its just me but something doesn't seem to add up, in terms of Brian's timing / timeline here.....can you make sense of it?
    It would appear from earlier threads lastlid that the application was submitted towards the end of Feb 2012. I'm guessing he submitted fairly old bank statements if he's mentioning 7 months ago. Hence they are asking for more upto date statements. I would assume that if the application was submitted and it stated that he had £7000 in savings they want proof that this existed at the time the application was submitted. I think he has a problem if he cant show a bank statement with the amount he claims he had at the time the application was submitted. Is there a way out of this ?


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    Quote Originally Posted by bigmarco View Post
    I'm guessing he submitted fairly old bank statements if he's mentioning 7 months ago. Hence they are asking for more upto date statements.
    That was also what I was wondering....


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    http://filipinaroses.com/showthread....ments-required

    Apparently the application went in last November.....


    that the amount i had on the statements my wife submitted to them in November,but 6 months on i dont have it all in the bank,i have most of it in Government Bonds,which will take time to cash in,so the 10 days they have allowed is not enough time,i think we are 'beaten'..


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    but she didnt apply for the visa untill Feb this year
    Okay, a few posts later.....applied in February


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    Respected Member briancol's Avatar
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    hi,i did submit 6months bank statements,but they where only up to November last year because i was going to the Phill in November so obviously i took everything with me and left it with my wife,but because my wife was doing a 'care giver' course that went on untill December/Janurary she didnt put her visa application in untill after the course completely finished,so the took us into Feb,thts when she submitted her application.22nd Feb it went in and all we could do after that was wait to hear from UKBA or whoever deals with it,that was about 11 weeks, untill she got tht email a few days ago,that was the first we heard from them.


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    hi,i did submit 6months bank statements,but they where only up to November last year
    I see. I understand now. Sorry.

    Hence the reason why the UKBA want more up to date statements......


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    Respected Member bigmarco's Avatar
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    So they are obviously looking for the statements upto February. Forgive me for asking but is there a major difference between November and February balances and is it not possible to send an upto date statement with an explanation of the difference. Obviously going to the Philippines in November would make a serious hole in your finances. I think so long as you are able to prove that you can maintain your partner without the recourse to public funds, then you should be fine.
    I see from their email that you only have 10 working days so I think you need to move fast.


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    Quote Originally Posted by bigmarco View Post
    So they are obviously looking for the statements upto February. Forgive me for asking but is there a major difference between November and February balances and is it not possible to send an upto date statement with an explanation of the difference. Obviously going to the Philippines in November would make a serious hole in your finances. I think so long as you are able to prove that you can maintain your partner without the recourse to public funds, then you should be fine.
    I see from their email that you only have 10 working days so I think you need to move fast.
    Yes. That makes sense.

    As Marco says, surely statements up to february (time of submission) would suffice and as a bonus an explanation(s) of the difference between Novembers and Februarys statements.

    And putting it like that puts a more favourable light on the whole thing.


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    Respected Member briancol's Avatar
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    ok everyone, yesterday (Friday) after they told my wife i could email bank statements to them,i opened my online bank account and copied & pasted everything to show what monies i have left,so because its the weekend we are waiting untill Monday arrives to see what their response will be,the ball is in their court.(watch this space).


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    Respected Member imagine's Avatar
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    good luck brian


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    Member alan/maleiya's Avatar
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    My wifes visa got refused so we got a lawyer here in the UK to do the appeal it cost us£750 and the same again for when the appeal gt refused to go to court glad to say we got the happy ending


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