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  1. #1
    Respected Member blackcat22's Avatar
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    UK spouse VISA approved whiile still waiting for appeal date

    few days ago my wife had her UK spouse VISA granted while we are waiting for appeal date.

    An ECO officer refused her original application so we lodged an appeal and was eventually overtuned by the manager of the ECO officer without the need to go to court

    Below are the timelines:

    April 15th 2013:
    Submitted my wife's UK spouse VISA application with tons of documents

    July 18th 2013:
    VFS Global returned all documents back to my wife including her passport with a note saying her appllication has been refused on financial ground. (If you can recall in my earlier message, I'm an IT contractor with my own limited comapny who after taking tax advice from my accountant paid myself aabout 11k a year salary and top up the rest with dividends payment which can be seen in bank statements supplied)

    This type of financial arrangement is not what and ECO officer deals with on a day to day basis as it's unconventional. Most ECO officer is used to dealing with applicants with just one source of income on single payslip.

    Financial arrangements like this probably confused the ECO officer and took the easy option to refuse the VISA application.


    July 22nd 2013:
    Loged an appeal online against the ECO officer descision, in the notes section I stated clearly that "my financial arrangement is not conventional and that even though my payslip yearly salary of 11k does not meet the 18.5k target, I have other souces of income like dividends payment which is visible on bank statement which put me in the 45k a year salary bracket but somehow the ECO officer chosed to ignore it"

    In the appeal form I chosed to only want face to face in court as I cannot see how this can be resolved otherwise so I did not attach any further documents with the appeal.


    9th Aug. 2013:
    Letter from 1st Tier tribunal that my appeal acknowledged and an appeal date will be communicated to me after 11th November 2013 after they have received a report from the ECO officer who refused the VISA appliacation.


    23rd Aug. 2013:
    Received email from manager of ECO officer who made the original refusal descision to submit with 10 days last 6 months bank statements.


    28th Aug. 2013:
    6 months bank statements submitted and additionally specifically pointed out the dates in bank statement dividend payments received for his/her attention.


    23rd Sept. 2013:
    My wife received a request to send her passport to British embassy in manila with a return pre-paid courier envelope.
    She was unable to do this straight away as 18th Sept. 2013 she gave birht to our first child via CS in manila. However her parents was able to send her passport to the embassy.


    2nd Oct. 2013:
    My wife passport returned with spouse VISA approved



    Small prob now is I have been back at work in UK since end of April 2013 and all the VISA drama was unfolding while I was back in UK. But work commitments means I can't go and get my wife and child until my current contract work ends next year April. This is beacuse since the new baby is now in the equation I cannot just dash to phils for a few days to bring my wife home as the child British passport will take about 6 weeks to process which means I'm looking at 2 months stay in Phils to get new baby's passport sorted. This 2 months I can only afford to take off once my current contract finish at end of April 2014.


    Does anyone know if the 2 year initial Spouse VISA start from date of issue or from date she actually enter UK?


  2. #2
    Moderator joebloggs's Avatar
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    excellent news
    its not 2yrs anymore ..

    If your visa application is successful, we will grant you a visa for 33 months. Shortly before the end of that period, you can apply for further leave to remain in the UK. If you still meet the requirements you will be granted permission to stay for a further period of 30 months. Once you have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, you can apply to settle here. This is known as 'indefinite leave to remain'. The Settlement pages contain more information.


    http://www.ukba.homeoffice.gov.uk/vi...-long/#header1
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  3. #3
    Respected Member blackcat22's Avatar
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    Quote Originally Posted by joebloggs View Post
    excellent news
    its not 2yrs anymore ..

    If your visa application is successful, we will grant you a visa for 33 months. Shortly before the end of that period, you can apply for further leave to remain in the UK. If you still meet the requirements you will be granted permission to stay for a further period of 30 months. Once you have completed 5 years in the UK, as the partner of someone who is a British citizen or settled in the UK, you can apply to settle here. This is known as 'indefinite leave to remain'. The Settlement pages contain more information.


    http://www.ukba.homeoffice.gov.uk/vi...-long/#header1

    Thanks Joe,
    That's even better news


  4. #4
    Moderator joebloggs's Avatar
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    your wife has 3 months to come to the uk from the start date of her visa after that it could cause you problems (means she would need to apply for an extra FLR(M) thats 2 * flr(m) in the UK and then ILR, why can't your wife sort your babes passport out ?
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  5. #5
    Respected Member blackcat22's Avatar
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    Quote Originally Posted by joebloggs View Post
    your wife has 3 months to come to the uk from the start date of her visa after that it could cause you problems (means she would need to apply for an extra FLR(M) thats 2 * flr(m) in the UK and then ILR, why can't your wife sort your babes passport out ?
    thanks Joe, Will it cause problem after she arrives here if she can't come to UK within 3 months of VISA approval or will it cause problem leaving Phils?

    I believe original of my passport is required as part of application for our baby's passport which I can't provide while I'm stucked in UK.lol

    However I have heard some people say copy of passport will be acceptable if verified by UK solicitor or someone of authority i.e UK police officer etc..but I don't know if this is really true.


  6. #6
    Moderator joebloggs's Avatar
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    as long as her visa is valid she shouldn't have a problem coming to the UK, but will need to apply for a extra FLR than she would if she came within 3 months to make the months up 60 in uk in total b4 she can apply for ilr.
    http://www.filipinouk.com/forum/image.php?type=sigpic&userid=870&dateline=1270312908


  7. #7
    Respected Member blackcat22's Avatar
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    Quote Originally Posted by joebloggs View Post
    as long as her visa is valid she shouldn't have a problem coming to the UK, but will need to apply for a extra FLR than she would if she came within 3 months to make the months up 60 in uk in total b4 she can apply for ilr.

    Ok now I get your point. Thanks ever so much for the clarification


  8. #8
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    Well done !

    I'll bet the Inland Revenue wouldn't ignore most of your income !

    Imbeciles.

    Your passport could be DHL'd to your wife, if it will help procure one for your baby.

    My wife did that when I was in the Phils and I needed hers for something.
    I then just sent it back the same way. Not all that cheap, but a lot cheaper and more convenient than getting on a plane !


  9. #9
    Moderator Arthur Little's Avatar
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    Congratulations ... I'm delighted at this outcome; it just goes to show that 'black cats' CAN be lucky!!

    Thanks for sharing the great news.


  10. #10
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    Good news Blackcat....I remember your story...so happy it's working out for the 3 of you


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