Appeal hearing date set.

[bigmarco]

At last I have received the paperwork through and our date of appeal hearing has been set for 12th september 2012.
Having read the Entry clearance managers review of the case I am increasingly convinced that they have thrown half our supporting documents in the bin.
He says that whilst we have provided Skype logs to indicate there is some evidence of a relationship we have provided no photographs or my passport to prove we have ever met.
He then goes on to mention that it is not credible that my wife would want to leave her child behind in the circumstances.
Firstly we provided them with plenty of photographs including photographs of our wedding day.
Secondly he says we havent included my passport and yet attached to the bundle of documents for the appeal that they have just sent me is a clear copy of my passport which shows entry and exit to philippines together with my visa......This is crazy.
I'm not feeling to brave now that judgement day is approaching so I propose to seek some professional help next week.

[imagine]

it does sound like they lost your passport copy and photos, either that or they are blind,

it must be a nightmare for you both, my prayers for you getting this sorted

[travina]

good luck big marco. im also worried now that they might also disregard our additional supporting documents. and if that would happen to us i cant imagine my bf wont stop calling the embassy until he could speak to the ECM and ECO. he actually just sent them an email again to oblige them to answer him in a personal approach to have the ECM or ECO t as they just replied to him in a standard statement that looks like being copied and paste.

[andy222]

What a mess mate like you say I dont think they looked at half the documents. No wonder we cant find out the names of these cretins. A good lawyer will sort it out mate.

[Marie]

good luck to you bigmarco...my prayers for you on this battle...God Bless

[joebloggs]

He then goes on to mention that it is not credible that my wife would want to leave her child behind in the circumstances.
.

many have done that on here thou , once they are settled they have applied for a visa for their child, some have in fact waited til they have got ILR before they applied to bring their child here .

good luck Marco.

also if they say they didn't get a copy of your passport, then why didn't they contact your wife asking for it ? why refuse the visa without asking for it first !

[lastlid]

What do you do when they turn around and say " you didn't submit any photos " when you plainly did? How does one counter that? And the photocopy of the passport copy.

Does it become a "yes we did", "no you didnt" affair?

BTW I presume they must have the photocopies of the photos? Did they lose both the originals and the copies? I guess they could easily have binned the copies?

[Terpe]

Good luck Marco
I'm sure all will be well.

Personally, I would definitely secure some experienced professional help with this appeal hearing.
You need someone to tear the ECM and ECO to pieces.
I know it's all extra money, but try to find from somewhere.

[grahamw48]

As regards leaving the child.....what utter nonsense.

Thousands upon thousands of SINGLE OFWs leave their children in the care of family members for years on end.

My ex wife (at the time of her visa application) had two children, the boy in the care of her parents and the girl in the care of the father's parents.

Dependants' visas for both weren't applied for them until 5 years later.

They are both British Citizens now.

[sars_notd_virus]

Good luck Marco

[lastlid]

I would like to think that as soon as they receive the application papers that they scan them to avoid this kind of scenario. I am sure that it is possible that they drop, lose or even mix papers. I would hope that they don't but wouldn't be surprised if they did occasionally. By scanning them upon receipt then that kind of c0ckup could be avoided.

Good luck Marco. Not so long to go now.

[andy222]

The more I look at this the more baffled I get. I feel for you and your wife marco its a total disgrace. I would be onto my mp about this. And phoning the embassy.

[Leen]

good luck marco....

[bigmarco]

I would like to think that as soon as they receive the application papers that they scan them to avoid this kind of scenario. I am sure that it is possible that they drop, lose or even mix papers. I would hope that they don't but wouldn't be surprised if they did occasionally. By scanning them upon receipt then that kind of c0ckup could be avoided.

Good luck Marco. Not so long to go now.

The thing is Lastlid I have a nice collection of photographs all attached to A4 sheets of paper that they returned to my wife with the original refusal. They have also enclosed copies of my passport on 2 seperate sets of documents, the original set they returned and the set they sent to HMCTS for the appeal. I cannot believe that these people are really this incompetent. I'm phoning Victoria Sharkey's office tomorrow to see if they will help me as she seems to have had some favourable mentions on the forum in the past.

[lastlid]

The thing is Lastlid I have a nice collection of photographs all attached to A4 sheets of paper that they returned to my wife with the original refusal. They have also enclosed copies of my passport on 2 seperate sets of documents, the original set they returned and the set they sent to HMCTS for the appeal. I cannot believe that these people are really this incompetent.

Curiouser and curiouser. Incredible.

[bigmarco]

Curiouser and curiouser. Incredible.

Indeed Lastlid. The other thing I find laughable is their assumption that its not credible that my wife would want to leave her son behind. This is coming from a bunch of who granted a mother a visa and refused the childrens application, which was posted on here not so long ago.
Our son is doing well in school at the moment and there is no reason to disturb his life at the moment. He lives with loving grand parents and when we feel the time is right we will submit an application for him to join us.

[lastlid]

Indeed Lastlid. The other thing I find laughable is their assumption that its not credible that my wife would want to leave her son behind. This is coming from a bunch of who granted a mother a visa and refused the childrens application, which was posted on here not so long ago.
Our son is doing well in school at the moment and there is no reason to disturb his life at the moment. He lives with loving grand parents and when we feel the time is right we will submit an application for him to join us.

What is bothering me and I am sure it is bothering you too, is the question of why this hasn't been overturned at the reconsideration stage, before coming this far. Maybe they just do crazy things now and again.

And I wonder how they are going to defend their decision at the appeal hearing.

Rooting for ya Marco.

[Rory]

I am sure you will win your appeal with the information you have told us, it is a joke that you were refused in the first place.

Good luck but i do not think you will need it this time.

[brinormeg]

This really does sound awful for you both!
If it isnt stressful and difficult enough, they dont even seem to be able to see the evidence under their nose! Evidence you both probably spent hours weeks and even months collecting and organising!

This is why we are very afraid of the visa being refused...regardless if everything at our end is in order!

Yeah ok you can appeal and go to court etc but this all takes precious time and money after all the time and money it has already cost!

[bigmarco]

This really does sound awful for you both!
If it isnt stressful and difficult enough, they dont even seem to be able to see the evidence under their nose! Evidence you both probably spent hours weeks and even months collecting and organising!

This is why we are very afraid of the visa being refused...regardless if everything at our end is in order!

Yeah ok you can appeal and go to court etc but this all takes precious time and money after all the time and money it has already cost!

Totally agree with you. Yes the refusal has the financial impact in as much as I've had to travel to manila twice since being married to see my wife and various other things, but the time factor far outweighs this. Our first anniversary is fast approaching aswell as my 50th birthday and the thought of not being together for these 2 events is hard to take.
Still fingers crossed we'll get there in the end.

[brinormeg]

Yeah really do hope it all works out for you soon mate...........best of luck anyway

Oh and the same to everyone else who is going through this process, especially with the new rules the ukba are following.

[Arthur Little]

At last I have received the paperwork through and our date of appeal hearing has been set for 12th september 2012.

Finally ... a BIG step in the RIGHT direction, my friend. Suffice to say, we ALL hope and that justice will prevail for you and Grace.

[mike1]

At last I have received the paperwork through and our date of appeal hearing has been set for 12th september 2012.
Having read the Entry clearance managers review of the case I am increasingly convinced that they have thrown half our supporting documents in the bin.
He says that whilst we have provided Skype logs to indicate there is some evidence of a relationship we have provided no photographs or my passport to prove we have ever met.
He then goes on to mention that it is not credible that my wife would want to leave her child behind in the circumstances.
Firstly we provided them with plenty of photographs including photographs of our wedding day.
Secondly he says we havent included my passport and yet attached to the bundle of documents for the appeal that they have just sent me is a clear copy of my passport which shows entry and exit to philippines together with my visa......This is crazy.
I'm not feeling to brave now that judgement day is approaching so I propose to seek some professional help next week.

We had a sucessful appeal with the help of V.S two months ago ,the issue was dependency of family member on myself . I myself thought they never looked at the application properly as the proof was there .Since then they never have got in touch with us _over 2 months ago- what a farce Best of luck with the appeal

[bigmarco]

We had a sucessful appeal with the help of V.S two months ago ,the issue was dependency of family member on myself . I myself thought they never looked at the application properly as the proof was there .Since then they never have got in touch with us _over 2 months ago- what a farce Best of luck with the appeal

Yes I phoned their offices today and had an encouraging conversation with them. I am dropping my paperwork off tomorrow. I found the conversation today and the fact that they were not at all shocked by our treatment encouraging. According to them 75% of all refusals are overturned on appeal.
Mike are you saying that despite winning your case 2 months ago you have still not received the visa.

[andy222]

Its hard work Marco but you will get there mate. Its like anything else money talks. Something needs looking at over there I doubt whether other countries have this problem and if they do we dont hear about it.

[grahamw48]

This is all about discrimination.

I'm sure there will be 'unofficial' quotas in place.

As a country, the Philippines has no hold over the UK.

Countries like India and Pakistan do, along with most other former Commonwealth nations.

A Filipino national comes well down the pecking order when applying for a visa for this country (and remember...it is your partner applying, not you).

[yellowcloud]

Marco, how long did it take for you to get an appeal date since the date of the refusal? I have heard its normally months but seems like for you it was much faster?

[tone]

Hey mate just wanted to add my and hope everything goes as it should do.
It appears that stupidity on the side of the ECO/ECM is totally to blame!
It's a shame there is no medicine for stupidity, I'm also guessing there will be no recourse to asking for costs in any way.
Our prayers are with you.
Best of luck and more importantly hope the idiots see the light of day.

Tone

[Steve.r]

It's an utter disgrace Marco, I wish you luck and once you have got your wife here, you need to try to find out just who has been so incompetent.

I feel sure you will have no problem at the hearing. We will all be thinking of you.

[Dedworth]

Good luck Marco - when it's all done and dusted will you be raising the matter with the Government Ombudsman http://www.ombudsman.org.uk/home ? It would appear that an injustice has been done and financial costs incurred due to the UKBA's inept mishandling of the application.

I've only ever had experience of the Local Govt Ombudsman where I helped an elderly lady get a drainage issue resolved - she ended up getting c £2000 compo for flood damage to her garage & garden caused by the local authorities failure to provide and maintain adequate storm drains.