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23rd October 2013 #1
URGENT! What to do? Got refused !
Greetings,
I am indeed desperate for help. I have been refused for a visa because my husband and I are both unemployed and he's been living here for 8 months. Said that "You both appear to have limited cash savings, I am not satisfied that you currently would not meet the financial requirement of a UK settlement application!" But we are applying for a family visit visa and I have my parents-in-law to support us and sponsor us financially in the UK: my parents-in-law submitted - invitation letter, bank savings worth more £XX,XXX!, title deed of their house, copy of their passports!. I have included to the application and my cover letter that my sponsors are my husband (with his savings - he also submitted his bank statements with £4000 on it 6 months) and my parents-in-law! And it was also said "You have submitted NO EVIDENCE of any property, assets or other ties to the Philippines" but we submitted Deed of Sale of our car, motorbike & expensive equipments worth more than P100,000!!!! We just want to spend holidays with the family and get to know them because it'll be my first time meeting my parents-in-law because they couldn't come to the Philippines due to the long traveling and they're both 60+ yrs old!
Please please I need your advice. Please help! I think it is very unfair that they didn't even consider my submitted documents proof of ties and my parents-in-laws'! I even screenshot my mother and I's facebook statuses to prove that we have a very close relationship and we will back to celebrate her birthday June 2014 (I am an only child).. even my childhood photos with my mother!
Please help on how to appeal and say to them why they didn't submitted back my parents-in-laws documents as well as why they didnt consider the deeds of sale for our ASSETS?? Unless they dont consider cars/motorbikes/equipments as assets?????
Thank you!
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23rd October 2013 #2
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23rd October 2013 #3
I have submitted these together with my 3 page cover letter explaining important details!
Personal Documents:
- Passport
- Application form, duly dated and signed with passport-size photo
- Bank Statement (Union Bank)
- Visa Payment Confirmation
- Marriage Certificate
- Birth Certificate
Spouse’s Documents:
- Cover Letter of Support
- Copy of his Passport
- Bank Statement
Parents-in-law’s Documents:
- Passports Copies
- Invitation Letter
- Bank Statement
- Title Deed (to prove their ownership of my accommodation)
- Utility Bill
Miscellaneous:
- Proof of Ownership of our Dodge Ram Vam B250 with photos
- Proof of Ownership of our Honda XR200 with photos
- Proof of Ownership of our expensive equipments/tools with photos
- Photos of my relationship with Andrew
- Wedding Photos
- My mother and I’s relationship proofs (photos/screenshots)
- Emails/video call logs from my parents-in-law
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23rd October 2013 #4
- Join Date
- Aug 2010
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- Marikina City
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Hi anvee
So sorry to see that your visa got refused.
It's upsetting and difficult to accept I know, but try to remain calm and objective.
There's no mandatory requirement for specific documents for visit visa applications. The decision is principally based on the discretion of the ECO based upon the overall 'picture' of the application.
Also, basically there is no appeal process unless based on human rights or race discrimination grounds.
Any such appeals you might consider could be expected to take between 6-8 months to conclude.
On the positive side you are able to re-apply, at any time, by clearly and properly addressing the reasons for refusal.
Personally I'd suggest referencing the reasons for refusal and countering with both a written statement and evidential documenation.
The cost and risk of re-applying is low
You absolutely must clearly demonstrate a non-immigrant intent.
To best achieve that, you must convince the ECO, to his own satisfaction, that you have strong social, economic and family ties in the Philippines that would compel you to leave the UK at the end of your visit.
Common reasons to return home and strong/complelling ties may differ from country to country, city to city and individual to individual.
Some examples of ties can be a job, a house, social and family relationships, a bank account, possessions etc
AS mentioned before the ECO will be looking to see if the aspects of your life that bind you to your country outweigh those aspects that may cause you to be unwilling to return to your home country, or to attempt to change or extend your visa status.
Other key factors to keep in mind when applying for a UK visit visa, in addition to compelling intentions to return home, include having a clear well thought out visit plan including outline itinerary, dates of Travel, duration of stay and main reasons for wanting to travel at the specific time.
Having access to sufficient cash funds to support and accommodate yourself or how you'll be supported and accommodated by relatives or friends.
Anyone 'sponsoring' a visitor to UK should review the UKBA webpage Sponsoring a General Visitor
I imagine it did not help your case to include proof of the sale of your assets.
May I kindly suggest you carefully read the refusal, decide the best approach to fully address all the reasons given and re-apply.
You'll need to support a subsequent application with clear documentary evidence and a very good letter of invitation support from the family members you are visiting.
Family sponsors should include:-
- 6 months Bank statements
- 6 months pay slips
- Proof of address (eg utility bill, Council Tax etc)
- Accommodation details (including owner's agreement / rental agreement)
- Sponsors passport copy (Photo page, any relevant stamp pages)
- The main reasons for the visit invitation at the specific time
Hope this will help get a subsequent application approved.
Try to stay positive all is not lost by any means.
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23rd October 2013 #5
Thank you, I have submitted Family sponsors documents as you've stated. They are both retired. It was in their invitation letter.
That's why I included my mother and I's facebook status updates and even our photos to show them that we are very close family as I am her only child and she's a single parent so I included in the cover letter that "I am the only thing she has in the world." If that's not good enough to prove that I have strong family relationships, then I don't know what else to give to them!
I also mentioned our itenary for the 6 months, I also mentioned about planning to be out of the UK in the middle of my stay (Eurotrip with family because it's closer to UK) so I requested for multiple entry up to 6 months. I have submitted bank account with more than P100,000 from my savings before when I used to work as virtual assistant (I am now full time housewife), I also included in the letter that I am being supported by my husband through his savings (that's where we get our money for our expenses, he still have about £4000+ left in his account.. we're planning to do business here in the Philippines after our visit.. we have to get Andrew's tools/equipments in the UK to bring to Philippines).
What I don't understand is that ECO mentioned that I DID NOT SUBMIT any proof of my properties/assets where I submitted deeds of sale of those under our names.
I mentioned everything in detail in my 3 page cover letter including the dates of travel, duration of stay, my main reasons with explanation for each reasons. My husband also mentioned in his "Letter of Support" that he will look for part-time work when he comes back to UK to help with our expenses there even though my parents-in-law will accommodate us and feed us during our stay there.
Also, with ECO mentioning "UK Settlement Application", this one bothered me the most as family visit visa is not a settlement application. I am just disappointed and hurt. I mentioned that Dec 11 will be the birthday of my dad-in-law and it'll be nice to be there for his birthday as well as for the holidays! Just heartbreaking.
Anyways, thank you for your reply. I will do my best to stay positive but it's still sinking in and the thought of my parents-in-law being disappointed just breaks my heart even more!
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23rd October 2013 #6
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23rd October 2013 #7
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23rd October 2013 #8
Sorry Anvee, my misunderstanding. So these are in fact proof of purchase
Can I ask what you plan on doing with the properties You say that you're planning on doing some sort of business when you get back, maybe when you re-apply you could include some sort of business plan and time scale, this would add to you're reasons for returning to the Philippines.
Hope all gets sorted quickly for you both
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23rd October 2013 #9
Thank you so much Simon. We are planning to do some fabrication business here in the Philippines. Andrew has alot of equipments in the UK that he might need in setting up the business here: one of the reasons of coming to UK aside from visiting my parents-in-law (included that in the cover letter as well). Maybe that will help our application next time, we already have the welding machine/compressor/plasma cutter/small tools here already but he uses it to fix our van so maybe a business plan will be huge help.
Andrew already wrote in his "Letter of Support" that he intends to have a workshop business here after our visit to the UK since most of his stuff are still there.
Thank you again.
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23rd October 2013 #10
sorry I don't have time to read all the thread now, i think your problem was\is the embassy don't believe you will go back before your visa expires and your applying for a visit visa to see your husband, if your in a genuine relationship you should be applying for a settlement visa. (i know your both unemployed thou !)
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23rd October 2013 #11
I am not applying to see my husband. My husband lives with me in the Philippines. He's been here for 8 months now. We are just visiting there to see my parents-in-law since they couldn't come to our civil wedding here last August 2013. My husband doesn't want to settle in the UK. Hence why he bought all those assets that we have for now (my parents-in-law are not happy about the big purchases though!).
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23rd October 2013 #12
- Join Date
- Aug 2010
- Location
- Marikina City
- Posts
- 26,785
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Anvee,
I wasn't doubting the documentation you and your sponsors submitted.
It's not simply the document itself but importantly what the document states and how the ECO views that in the overall picture of the application.
The reasons given by the ECO can be countered in a subsequent application.
He is driven to refusal by his belief that, in his opinion, your intentions are unclear and he is not convinced that you have sufficient reasons to return.
In principle it would be pointless to appeal.
One option you have is to write to the ECM (Entry Clearance Manager) outlining that you have the opinion that the ECO made an error and failed to review the supporting documents you included in your application. You should clearly request the ECM to reconsider your application.
Also point out that many of those key supporting documents have not been returned and you hope that they were not lost or mislaid during the visa review process leading to the decision to refuse.
There's no guarantee it will work but it's has worked many time in the past.
I'd also suggest writing regular follow ups to the ECM as well as ALL the following:-
Regional Operations Manager
NE Asia/Australasia - International Operations and Visas
UK Border Agency
British Embassy
120 Upper McKinley Road
Taguig City 1634
Metro Manila
Philippines
Tel: +63 (0)2 858 2235
FTN: 8411 2235
Mobile: +63 (0)917 556 8120
Web: www.ukba.homeoffice.gov.uk
Appeals and Correspondence Manager, Manila Visa Hub
NE Asia/Australasia - International Operations and Visas
UK Border Agency
British Embassy
120 Upper McKinley Road
McKinley Hill
Taguig City 1634
Metro Manila, Philippines
Fax: +63 2 8582305
Email: manilvisaenquiries@fco.gov.uk
Web: www.ukba.homeoffice.gov.uk
Trevor Lewis - Deputy Head of Mission
British Embassy Manila
120 Upper McKinley Road
McKinley Hill
Taguig City 1634
Metro Manila, Philippines
Asif Ahmad - British Ambassador to the Philippines
British Embassy Manila
120 Upper McKinley Road
McKinley Hill
Taguig City 1634
Metro Manila, Philippines
You'll need to do this pretty quickly
Also, please do review the refusal and put together another application that can be submitted at a later date depending on responses from the Embassy.
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23rd October 2013 #13
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23rd October 2013 #14
- Join Date
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Of course we understand. It's an awful and upsetting situation.
Do make you letters requesting reconsideration of the decision.
Do follow up asking for updates etc.
Do NOT be shy about making daily messages if you feel inclined.
Be sure to have your docs returned and do be sure to prepare another application that fully addresses the reasons for refusal.
You'll have plenty of support here in the forum.
Visit visa applications are low cost and fast to process.
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23rd October 2013 #15
Thank you, I found the documents when I scanned it one by one (maybe I was temporarily blind due to the refusal letter! haha).
I asked them about why they did not consider the Deeds of Sale as our assets proofs and they clearly stated in the letter of refusal that I DID NOT SUBMIT anything. I also raised concern about why they didnt mention anything about my parents-in-law being my sponsor when I clearly stated in the application form "my spouse and parents in law" as sponsors. Are they not important to the decision making because theyre the main reason of visiting the UK. Also I asked them to enlighten me about the phrase "UK settlement application" because I dont think family visit visa is a settlement visa. I also said there that I feel like my documents have been completely ignored because of lack of consideration to them and completely claiming I didnt provide enough documents and proofs.
I will do email them everyday until I get answers because I am pretty confident I submitted everything they needed me to submit. The only thing the ECO was sure we're not coming back is due to both of us being UNEMPLOYED. We do have savings and parents in law are willing to sponsor. My husband mentioned he will find temporary work when he gets there as he doesn't really wanna settle down in the UK. I didn't mention anything about the "lost documents from my parents in law". Good thing I didn't or Id be super embarrassed! Good thing I found them first before I wrote the email !
Thank you for the support. Just heartbreaking because our intentions are genuine but I guess it's their job (they just make wrong decisions sometimes!)
It is lowcost but if you keep being denied it adds up! haha
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23rd October 2013 #16
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That's it.....go get 'em Juvee
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23rd October 2013 #17
i see i thought your husband had returned to the uk, also it mentioned settlement in your refusal letter
well in that case if you and your husband are only visiting the uk, then that's a different matter, its up to your sponsor to show you have the finances to support you.
bit out of order asking what your husband would be doing for 6 months in the UK, he's a British citizen and not subject to immigration control.
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23rd October 2013 #18
Exactly my point! My parents-in-law were kind enough to share their personal documents just to sponsor me because they're dying to see their awesome Filipina daughter-in-law . In their bank statements, they showed that they are capable of sponsoring me even if they base it on £18,000+ requirement for settlement visas (and I only applied for visit visa!) just to make sure they wouldn't question it. But then, in the refusal letter, nothing about those documents from my other sponsors which are my parents-in-law!
My husband said in his Letter of Support that he is willing to work part-time to help with the expenses whilst we're in the UK (he also has small savings) but considering my parents-in-law will be sponsoring pretty much everything, it doesn't matter really. I really feel like that ECO A. Thomas was either drunk or high for even mentioning "settlement application".. so RIDICULOUS!!!
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23rd October 2013 #19
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Good luck Anvee
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23rd October 2013 #20
Thank you so much! I will definitely update about this and let you know guys know if ever I receive an email reply from ECM. I would be okay if the reasons of refusal are good enough to make me believe Im not worth the family visit visa. But not be biased, based from my documents and even the cover letter and photos, I strongly believe that the grounds of my refusal are unfair and inconsiderate.
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23rd October 2013 #21
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When I applied for my mother in law to come over from the Philippines I needed signed avidavids from each of the family members. This is what you will need to get Juvee...signed character references from as many family members as possible with checkable backgrounds for example holding passports ....they need to explain why you will be coming back..in your case your mother will need to explain that..you will then need to get a solicitor to sign and stamp such letters...........This is what I did under the instruction of my solicitor here in the UK.
What does go against you is that you have little money to last the 6 months in the UK...£4000 from your husband and 100,000 peso from yourself barerly adds up to £30 per day living allowance
If its your in laws going to support you, the visit visa application would of been better coming from them ...for it's them who are going to support you.
Like me, they will have to show detailed income and outgoings along with plans of their house to show if they have the space to accommodate all of you...again, they will have to get this drawn up by a surveyor who will have to sign and stamp it....their are rules laid out on how many adults can stay in a certain sized house..they go by how many bedrooms etc
This is my experience of sucessfully applying for a Visit Visa for my mother in law this March.
So sorry to read about your distress Juvee
Lets all hope and pray everything works out for you in the end
Regards
Gwaps
BTW...I suppose I could post letters from my solicitor if that will help...I was going to do this around a year ago to help somebody else who was trying to get their mother here.
I'll have to do it later tonight..no time now
So chin up Andrew and Juvee ..Like Terpe said, you have the forum behind you
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23rd October 2013 #22
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23rd October 2013 #23
I didn't know that my parents in law will have to make the application on my behalf because it said in ukba website that i should be the applicant and just provide supporting documents ie invitation letter, proof of accommodation and bank statements WHICH THEY DID. So even if my husband and I dont have alot of money, my primary sponsors are my parents-in-law because theyre the ones we're visiting and accommodating/feeding me during my stay in the UK.
If they dont consider my in laws' documents then why would ukba website's supporting documents checklist included those? I am so confused :S.
From my understanding, it is my application.. under my name.. with my passport that they need to be stamped if I get the visa.
I am now confused but thank you anyways gwapito!
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23rd October 2013 #24
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Don't be confused Juvee...you are right, it's your application in your name only..sorry .....I've not long woken
This is what happened with my mother in law....but, it was me filling our the application form for her from start to finish here in UK with the help of a Visa solicitor.
The ECO should of considered your in law's documents as they would of been the backbone of your Visa application
Goodness I've read your refusal letter again...you got to appeal againt this travesty Juvee
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23rd October 2013 #25
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23rd October 2013 #26
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Unbelievable the hassle and intrusion that all the scumbag liars and overstayers in recent years have caused for ordinary decent Filipinos wanting a holiday here.
Personally I'd be inclined to send the in-laws some airtickets to the Phils, invest your time and money in your business and lives there, and stick two fingers up at the UKBA until you decide to put your affairs in order to be able to apply for a settlement visa sometime in the future.
Thank goodness the Phils BI haven't adopted 'reciprocal arrangements' !
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23rd October 2013 #27
Haha thats funny, its okay! youre forgiven but you made me worried!!!!!
Anyways, Im glad that you are now agreeing with me, ECO should consider parents-in-laws documents as much as they considered Andrew's! because they are both my sponsors in the application form! I emailed them already and will wait for 48 hours to see if they reply, and then will email them over and over again until I became pain in their a**!!! hahaha
Unfortunately, applications under family visit visa are not entitled to appeal now! But I dont wanna give up because for me the decision was UNREASONABLE. So I will keep emailing them because I dont wanna spend my husband's hard earned £85 just because their ECO didnt read my 3 page cover letter answering everything that he stated "his concerns" in the refusal letter!
Okay, I have to help my husband chase kittens so we can feed them! BRB
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23rd October 2013 #28
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23rd October 2013 #29
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23rd October 2013 #30
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