Visa Refused

[mastergidd]

Have anybody have the same experience as mine like Family Visitor Visa Refused? Which is the best way to lodge an Appeal? Let your sponsors in the UK appeal for you or you will do it yourself and appeal in the British Embassy Manila? Please do help.... Thanks a lot.

[aromulus]

Have anybody have the same experience as mine like Family Visitor Visa Refused? Which is the best way to lodge an Appeal? Let your sponsors in the UK appeal for you or you will do it yourself and appeal in the British Embassy Manila? Please do help.... Thanks a lot.

I believe any appeals are to be lodged with the Embassy in Manila.

You have to be quick, tho, as there is a time limit for appeals.:omg:

Best of all is to phone the Embassy direct, and ask for guidance on the subject.

[mastergidd]

Thanks a lot. That was a big help. I am just confused here as I was on the internet the whole week searching for answers. Many have said, appeals lodge in the UK get 95% to be overturned by the Judge rather than here that it will be only 20% progress that the decision might be overturned by the ECO in Manila.

I have been to the UK twice already and I want to discuss about the refusal of my visa to you on this thrid application. They refused me for the reason that in my last application, I told them that I would be staying in the UK for only two months yet completed my 6 months validity of the visa. The ECO was not satisfied that I am seeking entry as a visitor in the UK. I stayed longer than expected because of the marital problem that my sister was undergoing. I was back here last January and re applied again last March. In the sponsorshop letter, my sister did not specify that she is going through divorce and it is so hard for her to deal it alone and needs emotional and psychological support from a family member that happens to be me. So the ECO was in doubt why I would seek entry again since I just arrived recently. Do you think my reason for staying longer 2 months in my last application would keep them satisfied? I have a supporting document which is telling that my brother in law left my sister the day I arrived in the UK. And for the re- entry, would they be satisfied that my sis needs psychological support from me? Please do help me in my confusion, aromulus. Thanks a lot.x

[darren-b]

One question - did you mean that you were in the UK for 6 months up until January 2009?

If so you need to put very good evidence why they should grant you a visa so soon as a visitor should only normally spend 6 months in the UK in any 12 month period.

[mastergidd]

Thanks for getting back to me darren. I am applying for a 2 year mulitple visa entry now. Do you think the ECO will be satisfied that my sister and my niece needs me for morale support as she is dealing with divorce process at this time and she it is so hard for her to deal it on its own? Please help.

[aromulus]

One question - did you mean that you were in the UK for 6 months up until January 2009?

If so you need to put very good evidence why they should grant you a visa so soon as a visitor should only normally spend 6 months in the UK in any 12 month period.

That is one of the reasons I guess, maybe the only and most important one.

As I said, phone the Embassy and ask the question.

[aromulus]

Self explanatory really.

You can try an appeal.

Good luck.

[mastergidd]

Hi aromulus. Do you think I have a good chance in the Appeal?

[aromulus]

Hi aromulus. Do you think I have a good chance in the Appeal?


As far as I can guess, any appeals are free of charge, so really, it will be worth trying.

Just don't make too many assumptions on successful result.:NoNo:

[mastergidd]

What are my chances in the Appeal? I have supporting documents to submit with the Appeal Form. Like starting date of divorce process which is the day after my arrival in the UK last August 2008.

[joebloggs]

[

In July 2008, you applied for a visitor visa as you stated at the time of this application that you intended to stay in the UK for two months. Your application was successful and your visa was issued. You arrived in the UK 5 August 2008 and departed UK 12 January 2009. You claimed that you would stay in the UK for two months, yet you stayed in the UK for almost six months. Your application provides no explanation regarding how almost six months in the UK without earning any income.

You have been back in the Philippines for several weeks and you again intend to return to the UK for at least two months. This means in a period of ten months, you will have spent eight months living in the UK on a visitor visa- this equates to spending 80% of your time in the UK on a visitor visa.

Due to the Above, I am not satisfied that you are genuinely seeking entry to the UK as a visitor


the maximum you can spend is 6 months on any one trip in the uk, thou i don't think law, but could be policy of the HO, and many Immigration officers think you should not spend more than 6 months in any one year in the uk, so that's one of the main reasons for refusal, and because of this, as mentioned in your refusal letter they are not satisfied your coming as a visitor.

also when you said you was coming for 2 months, and you provided evidence that your sister could support you for that time, that's what the case worker based his decision on, the evidence at that time, and you staying 6 months would have need far more financial evidence, so they suspect you could have been working :doh

no way 95% of appeals are won, that depends on the reason for refusal and the evidence you have, more like 45% are won if that.

and no i don't think the HO would care about your sister going thru a divorce, to them it's not the most compelling compassionate circumstances

good luck, i'm not sure you would be successful, but you never know :rolleyes:

[aromulus]

What are my chances in the Appeal? I have supporting documents to submit with the Appeal Form. Like starting date of divorce process which is the day after my arrival in the UK last August 2008.


Like in any appeals, you start with "Zero chances" and hope for the best.:NoNo:

I am not an ECO nor are any other Mods on this site, and we do not read the future in crystal balls.:doh
If it were so, we would get the lottery numbers correct every week and be able to retire with our mahals in Cebu...

You have to go with the flow, it doesn't cost anything in trying an appeal.


Joe, Peter, Rob (Alphabetical only....) some input from you when you manage to get onboard please....

[aromulus]

Oooops........ Too late....:omg:
The cavalry is here.....:D

Joe has recovered from last nights lager overindulgence and he is on hand....:xxgrinning--00xx3:

[mastergidd]

Thanks joebloggs and aromulus. I think I will just give it a try and if they refuse it again, I will just re apply a visit visa again by August as this will be 12 months passed since I entered the UK. If I was refused once, do you think they will refused me again on the same grounds?

[joebloggs]

Have anybody have the same experience as mine like Family Visitor Visa Refused? Which is the best way to lodge an Appeal? Let your sponsors in the UK appeal for you or you will do it yourself and appeal in the British Embassy Manila? Please do help.... Thanks a lot.

send the appeal notice back to the country from where the application was made rather than AIT.

Once the form has been received by the Embassy,it is the Entry Clearance managers job to look at the information and evidence you have supplied in the appeal notice and review the earlier decision to refuse, to see whether the ECO got the decision right or wrong. if the ECM thinks the ECO was wrong, he will overturn the decision and grant visa. This can take up to 6-8 weeks.

If on the other it is still refused, then I am afraid it can take up to 6 months.

[joebloggs]

Oooops........ Too late....:omg:
The cavalry is here.....:D

Joe has recovered from last nights lager overindulgence and he is on hand....:xxgrinning--00xx3:

dom i don't drink, got enough problems without needing a headache in the morning :doh

recovering from taking the kids to heaton park yesterday, they want to go again today :doh

only overindulgence i've had is 4 packs of seabrooks prawn cocktail crisps, my fav :rolleyes:

a refusal should not effect subsequent visa apps, but i think you will find it could :NoNo:, especially if fraud or deception was used, if you have been refused you need to make sure you've covered all the reasons for past refusals and your supporting evidence is 101% good, get as much of it certified by a solicitor, make sure your sis has more than enough money to support you, mention why you stayed longer than 2 months- with evidence, or you may face a refusal again ..

[darren-b]

and no i don't think the HO would care about your sister going thru a divorce, to them it's not the most compelling compassionate circumstances

I guess if you could provide evidence (letter from doctor?) to show that your sister really needed support because for example she was having a mental breakdown then it might help your case. As unfortunately divorces are a bit too common in the UK for it to really seen as a reason on it's own.

[mastergidd]

Thanks a lot.xxx

[mastergidd]

What if not mental breakdown? Just physically unwell due to stress of the on going divorce?

[aromulus]

What if not mental breakdown? Just physically unwell due to stress of the on going divorce?

Lookyhere, the ECO, probably suspects that you may have been working illegally in the UK, regardless of family circumstances, and very likely he will not take the latest medical reasons you quoted into account.:NoNo:

Just try appealing and take it from there.

Don't hold your breath.....

Good luck.

[mastergidd]

Please feel free to give me any advice. Cheers!

[mastergidd]

In my application I applied for 2 year premium visa. Is it true they only allowed to spend a maximum of 6 months in a 12 month period in the UK. So it means to say, I am only allowed twice in the UK for 2 years validity of the visa.??? So it is not true that you can value your money coz the general visit visa for 6 months is almost 4X the visa fee for a 2 year premium visa. Does it make sense?


This is from the UK Border Agency:

Premium Visas

Long term visas�..long term advantages

Following the introduction of biometric data collection as part of the visa application process in India, UKvisas has reintroduced its long term multiple entry Premium Visas which are valid for 2, 5 and 10 years.

We want our most valued customers to keep coming to the UK as the destination of choice and are keen to make it as quick and easy as possible for them to do so. Premium Visas are perfect for regular business visitors or holidaymakers.

Why apply for a Premium Visa?
- Value for money
- they are cheaper than several short-term visas.
- Flexibility
- they offer multiple visits to the UK within the long validity of the visa.
- Convenience
- one visa application and one visit to a Visa Application Centre (s) to provide your biometric data for the entire validity of the visa.

[aromulus]

In my application I applied for 2 year premium visa. Is it true they only allowed to spend a maximum of 6 months in a 12 month period in the UK. So it means to say, I am only allowed twice in the UK for 2 years validity of the visa.??? So it is not true that you can value your money coz the general visit visa for 6 months is almost 4X the visa fee for a 2 year premium visa. Does it make sense?


This is from the UK Border Agency:

Premium Visas

Long term visas�..long term advantages

Following the introduction of biometric data collection as part of the visa application process in India, UKvisas has reintroduced its long term multiple entry Premium Visas which are valid for 2, 5 and 10 years.

We want our most valued customers to keep coming to the UK as the destination of choice and are keen to make it as quick and easy as possible for them to do so. Premium Visas are perfect for regular business visitors or holidaymakers.

Why apply for a Premium Visa?
- Value for money
- they are cheaper than several short-term visas.
- Flexibility
- they offer multiple visits to the UK within the long validity of the visa.
- Convenience
- one visa application and one visit to a Visa Application Centre (s) to provide your biometric data for the entire validity of the visa.

You posted the same in two different threads.........:cwm23:

[mastergidd]

Yes, I did cause the other thread fits the issue rather than here. I had already posted it here before I saw the other thread. Sorry. Cheers. xxx

[mastergidd]

Aside from advices of some of the moderators and respected member here, are there any additional advices that anybody can give me? I am submitting the appeal by this week and I still haven't have additional grounds for my refusal.

Cheers.

[mastergidd]

Hi Everyone,

I submitted my appeal last March 2009 in British Embassy Manila. As stated in a website here, it will take 2 months for the ECM to review the decision the ECO had made. With that span of time, he has the option either to overturn the decision or otherwise would not change the decision the ECO had made and by that time he would submit an appeal bundle to the AIT in UK to have my appeal be heard and that means a longer time for me to wait if that happens. Also, it is not a guarantee that my refusal decision be overturned by the Judge. Who knows, I might be waiting for nothing.

To enlighten you more, I was refused an entry because I just came home last January 2009 and re apply again last March 2009. Their grounds for my refusal was I am not a genuine visitor in the UK. Now, I think after staying in the Phils for 5-6 months from January 7 which is the date I just arrived from the UK is enough? What do you think?

Can anyone give me advice if would it be better for me to apply a fresh application this June or July?

Cheers. xxx

[mastergidd]

Appeal Letter: