Son Refused VISA. How Do I Appeal?

[hildayoung]

My son has just been refused a visa. He went with my mother to the interview, my mom doesn't know anything about the detail of my situation, so my son's application was denied. They gave them papers on why it was denied, forms to appeal, and in 28 days, how can I go about this? Any samples on what to write in the appeal?
Thank you all.

[andypaul]

Im far from an expert on appeals.

But you need to read the reasons why the embassy refused the visa. There are quite few reasons why they may have refused the Visa applicaton, so of course how to approach an appeal would vary.

Also from what I hear appeals can be a long and lengthy affair. I have read of examples of it taking months. So it maybe worth considering a fresh application which might be faster, but of course that costs money. You would also need to provide information to counter the reasons why the visa was refused.

I hope you are successful and my advice for what it is worth is to think of all the options avaiable to you.

[Pauldo]

<div class='quotetop'>QUOTE(hildayoung &#064; May 17 2006, 02&#58;52 PM) Quoted post</div><div class='quotemain'>
My son has just been refused a visa. He went with my mother to the interview, my mom doesn&#39;t know anything about the detail of my situation, so my son&#39;s application was denied. They gave them papers on why it was denied, forms to appeal, and in 28 days, how can I go about this? Any samples on what to write in the appeal?
Thank you all.
[/b][/quote]

As mentioned already, you need to provide us with the details of the rejection,, so we can get to grips with it

I would imagine it is mere formalities that have caused this hiccup, such as not having the correct documentation, rather than them deciding he just can&#39;t go to the UK. No point guessing until you can get copies of the paperwork though.

[ginapeterb]

I am assuming that the visa application was for a tourist visa for a dependant relative ? as you don&#39;t state in your post, which visa you applied for ?

Your son as your dependant, has certain rights of appeal on the basis of the 28 day rule, there are 2 things you can do at this point.

1. Ask the Entry Clearance Manager to look at the case again, with any information that the Entry Clearance Officer did not take into consideration.

2. Your son must apply and appeal the refusal within 28 days, my advice is not to do this at the British Embassy in Manila.

The reasons for this, is that the Embassy may take up to 6 months to send the appeal on your behalf to the Asylum and Immigration Appeals Tribunal service in UK, also, if your son wishes to appeal via the UK, then you may appeal on his behalf and act as his agent in the UK.

This has certain benefits, if the case goes before the AIAT in UK, you may appear at any future hearing and act as your sons agent, it is unlikely that your son&#39;s appeal will be denied if it is for a relative visitation, it seems rather strange that you have not posted the reason for the refusal, this would have helped me in making a determination on what has caused the refusal.

You really would help yourself, your son and us, if you gave us more details, for the moment, I would direct you to my website, where you can read through the appeals process, also, there is a good firm off lawyers in London who may be able to assist you, however I must warn you, they are not cheap, a initial consultation is about £100.00, however, you can ask the Immigration Advisory service to handle your case, they will means test your sons income, as he is there client, they can normally represent you at any hearing and their lawyers are pretty good at getting the required result, so its not all bad news for you.

You can see the Immigration advisory service counsellors preferably at their Hounslow office, the details which are on my website here

http://www.british-filipino.com/visarefusals.html

Generally speaking, if an entry clearance visa has been refused for a relative intending to visit someone settled in the United Kingdom, the Entry Clearance Manager may need to review the reasons for the refusal, as at some stage, the entry clearance officer must write a written statement explaining why he or she has refused the visa, this the applicant is entitled to, if the applicant thinks the decision is wrong, and that the entry clearance officer has missed something, and has failed to take into account other information, then the entry clearance Manager may reverse the decision, it would be wise therefore, for the applicant to make this clear in the Embassy that they wish for the Entry Clearance Manager to look at it again, sadly, I suspect that this opportunity has already been missed.

I hope this helps, but I would have been interested to know the reasons for a relative refusal.


Pete

[hildayoung]

I just recieved the appeal documents from UK embassy in Manila and it states there that they were not satisfied about the answer by the person who accompanied my son, that is the grandma. They ask her long how will my son be staying in the UK she said about six months which is wrong, it is a petition not tourist, he is just 7 yrs old. Besides the consul can read that it was a petition, my mom doesn&#39;t know what it was. Now I need to go over there June 24th. I will file the appeal asap. He still needs to be enrolled for this year&#39;s school season, Sept, 2006.

[ginapeterb]

<div class='quotetop'>QUOTE(hildayoung &#064; May 22 2006, 02&#58;41 PM) Quoted post</div><div class='quotemain'>
I just recieved the appeal documents from UK embassy in Manila and it states there that they were not satisfied about the answer by the person who accompanied my son, that is the grandma. They ask her long how will my son be staying in the UK she said about six months which is wrong, it is a petition not tourist, he is just 7 yrs old. Besides the consul can read that it was a petition, my mom doesn&#39;t know what it was. Now I need to go over there June 24th. I will file the appeal asap. He still needs to be enrolled for this year&#39;s school season, Sept, 2006.
[/b][/quote]


Hello Im confused by your last post ?

<div class='quotetop'>QUOTE</div><div class='quotemain'>They ask her long how will my son be staying in the UK she said about six months which is wrong [/b][/quote]

You say this is a petition ? surely you mean the application is for a family member to settle in the UK &#33; a petition sounds like a word used by U.S.A Applicants ? who have to file a petition with the INS, your phraseology is throwing me &#33;

as your son is only 7 years old, why was the Grandmother asked " how long he will be staying ?" surely indefinately, if its a settlement visa ?

Obviously the ECO has misunderstood the application, I fail to see why the Grandmother was asked how long your son would be staying unless its a visa for relative staying with someone settled in UK, perhaps you can make this more clearer &#33;

Pete

[hildayoung]

Maybe not the word petition but settlement. The consul can read that the visa application was for settlement, or dependant of a work permit holder. Since my son is 7 years old, he was accompanied by my mother to the embassy for interview, it was my mother that the consul asked the question, "How long will he stay in the UK?", my mother said "6 months". Then the consul ask again, "How about his studies?" which my mother cannot answer. So the interviewer decided to deny the visa on the grounds that my son is only applying for a visitors visa and not as a dependant of a work permit holder which pathetic.

[Admin]

Just re-apply, and supply as much evidence + more of the intentions etc. Just because the refuse a visa does not mean they will do next time, as long as you correct what went wrong last time, and persistence shows you really want a visa. So good luck.

[Pauldo]

<div class='quotetop'>QUOTE(admin &#064; May 30 2006, 04&#58;43 PM) Quoted post</div><div class='quotemain'>
Just re-apply, and supply as much evidence + more of the intentions etc. Just because the refuse a visa does not mean they will do next time, as long as you correct what went wrong last time, and persistence shows you really want a visa. So good luck.
[/b][/quote]

And pay another £300?? I&#39;d be inclined to make a protest through the correct channels, in the strongest possible terms, like Pete recommends.

The dickheads doing the interview know it is a settlelement visa application, so why do they ask dumbass questions like &#39;how long are you going to stay for"?