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-   -   Visa denied (https://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/111405-visa-denied.html)

gkt 8th May 2012 07:23 AM

Quote:

Originally Posted by mistheuk (Post 779836)
If they have granted mine it will be to me like they have denied it because i will not go without my daughter. She comes first. I will post what the letter says when I get it.

OK, I wish you the best...am in the waiting period...So where did you apply from? Am in day 12 of waiting....how long did you have to wait..PS I also applied with m y child...fingers crossed

Joppa 8th May 2012 07:31 AM

Quote:

Originally Posted by mistheuk (Post 779810)
Yes i know, but the UKBA has told me that the court sole custody documents must b sent in within 4 days--4 days has come and gone as I cannot afford 2000.00 for the lawyer and court fees. I put all I had into this application process. They have not sent my package back yet so I am waiting to see what they say in the letter. The documentation I provided for my daughter was birth cert showing only me as her mother, notarized letter from father, pics from our trip to England, pics of her single bedroom in England. I have been on this site reading and taking notes for about a year and had seen ppl use notarized letters but unfortunately for me, they said they are not using them as valid proof that the child can be removed from the country anymore.

The latest immigration directorate instructions (dated July 2011) don't say a court order is necessary in every case, but the UKBA has a duty to protect a child's welfare under law. It looks like UKBA in NY is taking a tougher stance, either in this particular case or in general. Because of the length of time your application has taken, it seems probable that your application was referred to the caseworking section in London and their decision reflects the conclusion reached by the UK unit. It may be that absence of father's particular on a birth certificate and a notorised letter is not enough and a more objective evidence is required. They do state that a custody/residence order by a US court can be taken as conclusive evidence of sole responsibility.
http://www.ukba.homeoffice.gov.uk/si...-m?view=Binary

mistheuk 8th May 2012 12:22 PM

@gkt-I applied out of NY , took 5 1/2 wks.

mistheuk 8th May 2012 12:33 PM

Does anybody know how long it will be til I get my documents back?

shellybeans 8th May 2012 12:35 PM

Oh dear, Mistbound, I am so sorry.

Of course I am finding your story quite troubling as it relates to my own situation, as well. I submitted my documents yesterday - birth certificate with me as the only parent and letters from the sperm bank and the fertility doctor were my only documents to prove she does not have a father. I'm not even sure how I could get a court order in my situation as my daughter's "father" is an identity-protected sperm donor.

mistheuk 8th May 2012 01:00 PM

Your situation sounds alot diff than mine. Im sure they wldnt ask you for any proof since hes an identity protected donor, if they do, Im sure the court would be able to have something written up for you, just be ready to get it right away and overnight it. Good luck

gkt 8th May 2012 01:03 PM

Quote:

Originally Posted by mistheuk (Post 780062)
Does anybody know how long it will be til I get my documents back?

Following most of the threads I see on here, possibly takes 2 to 3 days before you get documents over there. Not sure just see posts on here.

AnAmericanInScotland 8th May 2012 01:03 PM

Quote:

Originally Posted by mistheuk (Post 780062)
Does anybody know how long it will be til I get my documents back?

Did the UKBA give you a tracking number (usually to the UnitedParcelService)? That would be for overnight and I can't imagine why they wouldn't use it because applicants pay for expedited return when the application is paid for online.

And I am so-so-so-so-so sorry to hear about your daughter's visa. As others have posted, don't give up quite yet. I can't believe you would only have a four day appeal. More information should be in the letter from the UKBA discussing the determination.

mistheuk 8th May 2012 01:10 PM

Thank u anamericaninscotland it breaks my heartto know I will not be starting a new life there but, it surprised me when she called and said I had 4 days to send the court document in....those 4 days were over last week so at this point I just want all my stuff back. I was not given a tracking number. I'll wait this week out and then email worldbridge if I don't receive anything.

MLH 8th May 2012 02:55 PM

mistheuk :(

I am so sad to hear this.

I am guessing the 4 day turn around was in order for them to make a decision about the open file. I am sure that you are going to receive a reason attached to the denial letter for your daughter and the option to appeal.

I think there is still some hope for you to gather evidence that you have sole responsibility.

I can't imagine that court documents would be the only option, as clearly you and I just had 2 completely different experiences of it come from the same office (NYC).

Deep breaths woman!

My documents were ready for pick up in Toronto a couple days after the email, but if yours were transfered to the UK it could take longer.

Let me know if you want to chat/vent/brainstorm. <3


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