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  1. #1
    Member Stephen550's Avatar
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    Visa refused, your thoughts appreciated.

    Hi! I'm Stephen,

    Could anyone please, help!



    Previously we successfully applied for 2 six month visitor Visas (2012 & 2013) during these visits my partner left her daughter with her grandparents, mainly due to her only being 3 & 4 years old, in our recent application my partner applied for herself and her daughter, in the application we noted the grandparents are now, not in the best of health to care for a 5 year old and during the previous six month visits my partner did miss her daughter immensely also we noted this would be the last opportunity for my partner to apply for an extended visa as her daughter would be in full time education next year and she would governed by school holidays however this application was refused on the following grounds….

    The Decision

    You are applying to visit the UK for a 6 month period. This will be your 3rd 6 month visit in as many years. The immigration rules for visitors are quite clear that a genuine visitor to the UK must not intend to live for extended periods in the UK through frequent or successive visits ‘ . Given you have spent 6 months in the UK in each of the last 2 years and are proposing to do the same this year. These lengthy visits, while complying with the terms of leave, lead me to believe you have taken up’ De Facto’ residence in the UK for large proportions of the year and intend to keep doing this indefinitely. This is not permitted under immigration rules. Given this pattern of behavior I am not satisfied as to your intentions for visiting the UK or that you do not intend to live in the UK through frequent or successive visits as required under paragraph 41(1) & (11) of the immigration rules.
    I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all the requirements of the relevant paragraphs of the UK immigration rules.

    Has any members experienced this type refusal?
    What are your thoughts, do you think it will now be a waste of time to apply for a one month visitor’s visa?
    In our previous and this application I have proved I have more than sufficient funds (cash in the bank) to cover all expenses and prove my partner has no need to work (in the UK or the Philippines).

    Your thoughts would be greatly appreciated. Thank You.


  2. #2
    Respected Member Michael Parnham's Avatar
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    Fiance Visa would have solved the problem, just my thought!


  3. #3
    Respected Member andy222's Avatar
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    I think its time to take the plunge steve if possible. Money is not good enough in these circumstances. My personal opinion is you need to show the ukba you have a serious relationship. Fiance or spouse visa is the way to go. From what you have quoted from the ukba it seems they think your gf is abusing the tourist visa. I know that is not true. But the ukba think otherwise and it is their decision that counts. All the best mate.


  4. #4
    Respected Member New Shoes's Avatar
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    After reading the UKBA decision, I can certainly see their point of view and why they have made the decision that they have done.

    I remember watching the UK Border Agency reality TV series and an Indian guy was refused entry for the same reason. Turned out he was running an import business in the UK and was basically living six months in the UK and six months in India!!


  5. #5
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    Hi Stephen,

    Sorry to hear about your sad news.

    Approval or refusal of Visit visa applications is principally based on the discretion of the ECO.
    Whatever their decision there is no real appeal process.

    The real major complication always hinges on the need, by the applicant, to prove a non-immigrant intent to the satisfaction of the individual ECO.

    It's oftentimes a little more tricky to establish this when there is an existing 'romantic relationship'.
    I think this has been exacerbated by the number and period of previous stays which, whilst not technically outside the rules, are certainly right on the edge.

    Regarding your thought to re-appy on the basis of a one month stay, well it's a personal decision really. There's very little cost and risk involved but it may be interpreted wrongly and fall for refusal again.

    Not much you can do really.

    The ECO has made the only decision available without actually escalating up the structure.

    You might think about sending a letter to the Manila Hub for the attention of higher levels.
    Ask for a reconsideration of the decision and set out concisely your circumstances and why this visit is important.

    Could try these contacts:-

    Kingsley Magee - 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


    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

    Tel: +63 (0)2 858 2235



    Email:-
    ukinthephilippines@fco.gov.uk
    Cons.Manila@fco.gov.uk
    uktimanila@fco.gov.uk

    Telephone +63 2 858 2200

    Fax (Visa) +63 2 858 2305


  6. #6
    Member Stephen550's Avatar
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    Thank you all for your comments and a big thank you to Terp for your expert advise, I admit we became too complacent and did not understand the complications of continued applications of a six month visa, I will now email the contacts you supplied.
    So annoying, Anna is now so sad and upset she feels she has done something wrong, she spends six months in the UK with me, returns on time, does not cost this country a penny.
    This country is now becoming the dumping ground for Europe, 10 yrs from now it will be one big cesspool, sorry, end of rant, you know where I'm coming from.....


  7. #7
    Member Stephen550's Avatar
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    Terp, do you think I should write to all 3 contacts you supplied also should I email or send letters by FedEx. Many thanks for your time.


  8. #8
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    Quote Originally Posted by Stephen550 View Post
    Terp, do you think I should write to all 3 contacts you supplied also should I email or send letters by FedEx. Many thanks for your time.
    I think cheaper and better by e-mail....it's faster and someone will pick it up.

    As to who to target...well, it might seem overkill but if it was me I'd send it to all.
    One or two may not be in office....so cover all bases.

    Nothing to lose.

    Good luck


  9. #9
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    Quote Originally Posted by andy222 View Post
    I think its time to take the plunge steve if possible. Money is not good enough in these circumstances. My personal opinion is you need to show the ukba you have a serious relationship. Fiance or spouse visa is the way to go. From what you have quoted from the ukba it seems they think your gf is abusing the tourist visa. I know that is not true. But the ukba think otherwise and it is their decision that counts. All the best mate.
    Absolutely agree. .Visit visa is for visiting. .you've been lucky to of got away with it 3 times. ..bein fair to the authorities, they've been giving you the benefit of the doubt.

    It did quote the paragraphs explaining why your latest visa application was refused. It's not about money it's about the rules and limitations of the visit visa.

    I'm afraid the previous member is right
    .You need to go down the spouse of fiancee route. ..just like we've all done.

    Good luck
    Gwapito


  10. #10
    Respected Member hawk's Avatar
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    why not marry the girl then go ireland for 3 month live work there then you/her can return to uk and work even take the kid too dont cost anthing on visa am doing it this march was feb but had to put back


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