Wife (filipina) of UK Citizen

[StefanPL]

Hello Guys,

hope you can help me here, one of my friends (UK Citizen) is married to my wifes cousin (filipina) and they got their "entry clerance" refused.

They met online, like my wife and me did, they finally met in the philipines and got married.

They applied for a visa which was refused by the immigration officer on the following grounds :

- They met online
- In the Interview with the Immigration Officer she confused his birthplace with the place he lives at the moment
- His Income is to low

She got pregnant after he left the philippines and the baby was born after the visa decision.

Now the question would be, is there anything they can do ? The Guy would love to have his wife and child with him, as far as i know there is a court decision in the start of February that makes it impossible to refuse a visa application of the mother of an UK Citizen.

And the Child has UK Citizenship as the Dad is a UK Citizen.

Could you please help out here ? I could also send you the visa decision letter if needed.



Thanks

Stefan

[Casa]

Can you post the refusal? An application can't be refused on the grounds the couple met on line. Was the ECO justified in considering the finances too low? If so, have the husband's finances improved since the visa refusal?

[vinny]

I don't think that meeting on line is a valid reason for refusal. There may be doubts that the relationship is genuine if she made some errors about where he's living. Low income is a real problem. However, third party support is currently permitted.

Appeal and/or new application is possible.

See also Guidance.

[StefanPL]

It was just a summary of what i understood from the refusal, i am from Germany, here low income is not such a problem as my wife is automatic entiteled to social welfare, does not matter if she is from UK or philippines, but thanks god i have a job.

But here the refusal letter :

The Decision

You have applied to join your husband in the UK. You first met your husband online at www.person.com. You state that you fell in love online and your sponsor proposed to you over Skype before you had physically met. You also stated that wedding arrangements were before you had physically met. He came to visit you in November 2010 and after only 19 days of physically meeting you married your sponsor.

He then left the Philippines 2 days later. Furthermore. you were asked where your sponsor lives in the UK and you said Manchester.

He in fact lives in Caenaiton in Wales. Due to the circumstances of your relationship. l am not satisfied that you intend to live permanently with your partner as his or her spouse and the marriage is subsisting as required by paragraph 281 (iii) of H0395.

Your sponsor in the UK claims to be employed by Joe Brown bike shop in the UK since 1 March 2011. His income varies from £190 - £217 and he pays £80 per week rent. l note that he currently receives working tax credit but his circumstances will need to be re-assed on your arrival to see if he is still entitled. There is no guarantee that you will be able to work in the UK

I am not satisfied that after taking into consideration accommodation costs including bilis that you will have enough remaining to support yourself at the minimum income support Levels published by the Department of Work and Pensions {£105.95 per week)‘ i note that you have letters from third party sponsors and whilst this is ok in the short term. you have ,ideal no evidence of measures you are going to put in place to support yourselves in the long term. Accordingly. l am not satisfied that there will be adequate accommodation for you and any dependants without recourse to public funds in accommodation which you or your planner owns or occupies exclusily and that you will be able to maintain yourself and any

dependants adequately without recourse to pubiic funds as required by paragraph 281 (iv) and (v) of HC395.

I have therefore refused your apptication because I am not satisfied, on the balance of probabitities. that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules. _

[Casa]

There is a point in the refusal which doesn't strictly adhere to the regulations on finance. The refusal mentions rent + bills leaving less than the required £105.95 weekly minimum. In fact the only bill which would be included with rent would be council tax and ECO's generally tend not to include council tax in the calculation now. It's obviously too late to appeal or challenge the decision.
3rd party financial support (as Vinny as mentioned) is now allowed. When was the the refusal issued?

[StefanPL]

There is a point in the refusal which doesn't strictly adhere to the regulations on finance. The refusal mentions rent + bills leaving less than the required £105.95 weekly minimum. In fact the only bill which would be included with rent would be council tax and ECO's generally tend not to include council tax in the calculation now. It's obviously too late to appeal or challenge the decision.
3rd party financial support (as Vinny as mentioned) is now allowed. When was the the refusal issued?

The Refusal was issued on the 20/06/2011, so for appeal it is to late, but they can apply again, after the baby is born (end of July) they dont want to travel with the baby anyway for at least 8 months, so there is no hurry.

They actually wrote something in the letter about 3rd Party support, but seems that was not enough for the Immigration Officer.

Also, what about their child, its an UK Citizen, can that be included in the Visa Application, i thought i remember a Court Decision from this february about that.

Thanks

Stefan

[StefanPL]

Hi Guys,

any more advise on this one ?

Thanks

Stefan