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-   -   UK visit visa refused (https://www.expatforum.com/expats/britain-expat-forum-expats-living-uk/1496590-uk-visit-visa-refused.html)

Greeny21 16th February 2020 10:06 AM

UK visit visa refused
 
HI everyone,

I just wanted to ask some advice on my daughters refused visa application.

She is 14yo living in the Philippines with my Mom. I am in the UK on spouse visa and the father is in the UK as well with different family(were not married). I applied her for UK visit visa last 6 Feb at VFS Manila on priority visa. She is a student and rely financially on the remittance I send every month. her visa was refused due to the reason of under paragraph 4.2 (a) and (c) of Appendix V of the UK immigration rules.

I supplied all the necessary requirements to support her, I said on the application that she is living with my Mom and school verification from her school.

this is also what it says on the refusal

" In this application, you have not demonstrated with whom you currently live with or who is presently funding your daily financial requirements. it is unclear if you are dependent on funds from the UK to support yourself. You have supplied a bank account which show some deposits.

In this application, you have shown little or no ties in the Philippines, other than school verification, As an ECO I am obliged to consider your financial circumstances and your ties to resident country. In this application, I am satisfied that you have not shown that you are settled in the Philippines."

My daughter was so upset and cried as she wanted to be with me and her little sister. She will go home in the Philippines and never think of overstaying and I would never do that as well as like me, I'm her in the UK on temporary or spouse visa and will not do something wrong to make my stay here complicated.

I don't know if Im going to re apply for visit visa and wait to apply for her settlement as I am going to sponsor her as well before she turn 18yo.

Can someone give me an advice please. Thank you

clever-octopus 16th February 2020 12:02 PM

If you want my honest opinion, I don't think she will ever get a visit visa. She is a minor with both of her parents living in the UK on whom she is dependent financially. There is nothing at all she can do to demonstrate that she has stronger ties to the Philippines than the UK, because that simply isn't the truth of the situation.

The sooner she gets to the UK as your spouse visa dependent, the better. She can continue on as a spouse visa dependent if she turns 18 whilst in the UK, but ONLY if she started on a dependent visa before her 18th birthday, and in that time (the 5 years between the initial visa and her eligibility for settlement), she needs to still be a member of your household. She can't have formed an independent life in that time.

WestCoastCanadianGirl 16th February 2020 12:08 PM

I think that the key to the refusal can be summed up with

Quote:

As an ECO I am obliged to consider your financial circumstances and your ties to resident country. In this application, I am satisfied that you have not shown that you are settled in the Philippines
What sort of proof did you show that your daughter is living with your parents? Do you have any official documents that can link her to your parents' address? I'm thinking government issued documents etc that have her name and home address on it and something with your parents' address.

What financial proof did you submit? You speak of remittances but did you send in the paperwork that you get for them? You should try to show how the monthly remittances match the ₱ amount that is deposited into the bank.

As far as ties to the Philippines goes - does she belong to any groups outside of school? I'm thinking Church or sports teams, Girl Guides etc. If she belongs to something like that, it would be useful to show her membership as a tie to Phils. Verification from her school really doesn't cut it as that can be obtained by anyone at the school regardless of whether they're a permanent resident in the Philippines or a foreign student on exchange.

If she is able to get a Pambansang Pagkakakilanlan card, that might help her application by establishing that she is settled in the Philippines.

Greeny21 16th February 2020 01:31 PM

Quote:

Originally Posted by WestCoastCanadianGirl (Post 15044138)
I think that the key to the refusal can be summed up with



What sort of proof did you show that your daughter is living with your parents? Do you have any official documents that can link her to your parents' address? I'm thinking government issued documents etc that have her name and home address on it and something with your parents' address.

What financial proof did you submit? You speak of remittances but did you send in the paperwork that you get for them? You should try to show how the monthly remittances match the ₱ amount that is deposited into the bank.

As far as ties to the Philippines goes - does she belong to any groups outside of school? I'm thinking Church or sports teams, Girl Guides etc. If she belongs to something like that, it would be useful to show her membership as a tie to Phils. Verification from her school really doesn't cut it as that can be obtained by anyone at the school regardless of whether they're a permanent resident in the Philippines or a foreign student on exchange.

If she is able to get a Pambansang Pagkakakilanlan card, that might help her application by establishing that she is settled in the Philippines.



Hi Westcoas candaian girl

I admit after reading your reply, I didnt supply enough evidence to support her applicationf. I sent all the copy of remittances to my mom bank account, but We didnt include the bank record of my Mom. Only her bank record which shows a bit of deposit. She doesnt have any group as well, just school verification. I should have research properly before attempting to get her a visit visa. I didnt also supply proof of address that their living together. I just realize, I should have produce all those kind of evidence. Thank you for your reply

Greeny21 16th February 2020 02:04 PM

Quote:

Originally Posted by clever-octopus (Post 15044132)
If you want my honest opinion, I don't think she will ever get a visit visa. She is a minor with both of her parents living in the UK on whom she is dependent financially. There is nothing at all she can do to demonstrate that she has stronger ties to the Philippines than the UK, because that simply isn't the truth of the situation.

The sooner she gets to the UK as your spouse visa dependent, the better. She can continue on as a spouse visa dependent if she turns 18 whilst in the UK, but ONLY if she started on a dependent visa before her 18th birthday, and in that time (the 5 years between the initial visa and her eligibility for settlement), she needs to still be a member of your household. She can't have formed an independent life in that time.


HI cleveroctopus

I am thinking to apply for her settlement visa mid next year after I apply for my PR which Im due Feb 2021, due to financial issue. May i ask, if I apply her as my dependant on spouse visa, does she also need to renew it after 2.5 years? Until she reach 5years and apply for Permanent residency?

Thank you so much for your kind reply

clever-octopus 16th February 2020 03:06 PM

Yes the visa would need to be extended until she applies for Indefinite Leave to Remain (not
"Permanent Residence")

Greeny21 16th February 2020 03:14 PM

Quote:

Originally Posted by clever-octopus (Post 15044196)
Yes the visa would need to be extended until she applies for Indefinite Leave to Remain (not
"Permanent Residence")

Hi Clever octopus

Now im confused, is ILR same to Permanent residency or not?

And does she need to pay for healthcare surcharge aswell?

Thank you

Crawford 16th February 2020 05:31 PM

She would apply for ILR (Indefinite leave to remain/Permanent residency) after living in the UK for 5 years.

Yes, she would pay for the health surcharge.

Greeny21 16th February 2020 06:17 PM

Quote:

Originally Posted by Crawford (Post 15044228)
She would apply for ILR (Indefinite leave to remain/Permanent residency) after living in the UK for 5 years.

Yes, she would pay for the health surcharge.



Thank you Crawford,

Ive just checked if she needs to pay at Gov.uk, but it says she doesnt need to pay if shes under 18yo?

Crawford 16th February 2020 06:55 PM

Quote:

Originally Posted by Greeny21 (Post 15044254)
Thank you Crawford,

Ive just checked if she needs to pay at Gov.uk, but it says she doesnt need to pay if shes under 18yo?

I've seen various opinions on this.... some have not paid the fee when applying but then have been instructed to pay when the application was being processed.

the following page does not say anything about under 18's not paying

https://www.gov.uk/healthcare-immigr.../who-needs-pay


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