Uk Appeal

[bangbuathongben]

Hi all,

just to refresh my situation, I have an appeal date for my stepdaughter which is the 24th of this month. I think I have all the relevant information gathered and I am about to send it off as you have too, 2 weeks before the hearing. I have a letter from myself, the sponsor, also bank statements and a affidavit from my stepdaughters father, a letter of consent from him aswell. And general bits and pieces (tabian bann, birth certificate ect ect) Anybody else been throught this and would like to share some pointers with me it would be very much appreciated. Thanks in advance

Bang................

[GU22]

No direct experience, so can only wish you luck.

Are you being represented at the appeal? Proper legal advice is, I think, essential.

[Mossfinn]

Hi Bang,

I can't remember reading your previous posts and if I have replied to them you'll have to forgive me.

Can I ask a couple of questions:

What is the appeal regarding?

For what reason was the original visa for your step-daughter refused?

Probably one and the same question, answer one and you will probably answer the other.

I have never been in an actual appeal hearing but have been and am going thru an appeal process through letter correspondence regarding my step-daughter.

The actual visa issued originally, was in my view incorrect and now they are refusing to acknowledge that this is so, even so it is patently obvious that it is incorrect.

This is a long story, however my advice would be to have your information very clear cut and obvious and if you have not considered representation then seriously consider it now.

If you do not have anybody in mind and feel this may be beneficial, post again and I am sure someone will help with a reputable and knowledgeable agent.

Good Luck with your appeal, I know how emotive it can be.

Moss

[bangbuathongben]

Hi all,

Sorry for the lack of detail before it was a flying post!!

Anyway this is a appeal for my step daugter, who was refused her settlement visa. My wife has been here since last September, who had absolutley no troble at all obtaining a visa I must add, got it within 1 and a half weeks. And now we are settled tried to get a visa for her daughter. The Embassy refused on account "I had a overdraft, and that there was no custody papers for my step daughter" without copying the refusal letter I cannot explain them fully (I am not that quick at typing would take me bloody ages!) Anyhow I decided to lodge for the appeal, as it was easier and cheaper than applying again. Plus I really thought I had a case against the refusal. I am not a rich man, although not pleeding poverty, but I cannot afford to pay for multiple trips to Thailand a year, so I have had to liase with my stepdaughters father. He has wrote a affidavit stating that my wife had sole responsibility of my stepdaughter as well as a letter of consent for her to come to the uk. I also have bank statements that show I earn a good wage although still have a current overdraft. I have a letter from my boss stating that I have a job for life and what a good and valued member of the team I am. I have also wrote a letter stating all the points they refused on and how they had not looked at all the information. I hear afew of you saying get represented!!?? I unfortunatley cannot afford to pay for a soliciter, and have already said that I will represent myself, was this a un-wise move? Any help would be much appreciated

Cheers

Bang.........

[Mossfinn]

The Embassy refused on account "I had a overdraft, and that there was no custody papers for my step daughter" so I have had to liase with my stepdaughters father. He has wrote a affidavit stating that my wife had sole responsibility of my stepdaughter as well as a letter of consent for her to come to the uk. I also have bank statements that show I earn a good wage although still have a current overdraft. I have a letter from my boss stating that I have a job for life

Hi Bang,

Another question I am afraid, how old is your daughter?

I do not understand the refusal based on having an overdraft, as long as you can prove you can support your family and enough room in your house for them should have been adequate, even if you are sharing the house with parents as long as you can prove you have adequate privacy this should be enough.

Your bosses letter providing proof of income appears adequate too.

What does appear a stumbling block is the affidavitt from the father, an affidavitt is only a sworn statement witnessed by somebody in authority, I say only, under normal circumstances this might be enough.

But this is not normal circumstances, this is bringing your step-daughter to the UK.

You need a 'custody paper', issued by the court giving your wife sole custody of the daughter, where the father has either agreed to the custody or has failed to turn up for the hearing.

Of course you havn't made a mistake in representing yourself at the hearing, only you can make that judgement considering the information known to you at that time.

If in your position I would consider representation.

All the above is just my opinion, there are people on this forum that know a whole lot more than me, I am just a little concerned about the affidavitt and not an official court order.

Good Luck

Moss

[bangbuathongben]

Hi Mossfin, Thanks for the reply, my stepdaughter is 13 years old. And the affidavit i had him obtain was because in order to get custody papers, we would have had to travel back to Thailand to sort it out and that would not have been a option financialy, unfortunatley!! Also the housing issue is ok as i have we know have a house iof our home..

Cheers

Bang..........

Edited November 6, 2006 by bangbuathongben

[Mossfinn]

my stepdaughter is 13 years old.

Bang..........

I am at a loss to understand why this visa has been refused, but then that is not unusual when you see some of the refusals posted here.

At 13 she should be entitled to the same immigration status as your wife, that is why I was asking how old she was, the older they are the more difficult it is to receive the visa, but 13 should be fine.

Financially you appear sound, you only have to prove that you can support her without the need for public funds and housing is fine.

I am sorry I have nothing more I feel I can help with.

Good Luck

Moss

[bangbuathongben]

Thanks for the help anyway mate, will let you all know how we get on the end of the month!

Bang........

[Mossfinn]

Thanks for the help anyway mate, will let you all know how we get on the end of the month!

Bang........

Thanks, I would like to know.

Moss

[Richard W]

At 13 she should be entitled to the same immigration status as your wife, that is why I was asking how old she was, the older they are the more difficult it is to receive the visa, but 13 should be fine.

Doesn't it have to be established that the mother 'has had sole responsibility', or has that legal requirement been waived again?

Does the 'divorce certificate' say who initially had responsibility for her? (I have difficulty calling a photocopy a 'divorce certificate', though that is what you probably presented to get your wife's settlement visa.)

Edited November 6, 2006 by Richard W

[the gent]

Bangbua...

In the circumstances of your case, leaving aside the question of income, it seems the only issue in dispute is ' sole responsibility ' which you say has been the mother's and this can be evidenced i.e. the child appears on the mother's tabien baan, has lived with her since the breakup of her relationship with the father and has lived with the mother's parents since her arrival in the UK.Any remittances for the support of the child that may have been sent back to Thailand may be helpful but possibly not crucial given the comparatively recent arrival of the mother.

What may be a sticking point is the question of ' custody ' papers but that would depend upon the nature of the mother's relationship to the child's father. I assume they were custom married but it was not registered at the Amphur? If not, and the father was content for the child to be raised by the mother following the breakdown of the relationship, then there would be no papers to be had. This is a common occurrence of course in Thailand and I would have thought that an affidavit from the father should be sufficient. If the marriage had been registered with the Amphur then a divorce order must have been obtained in which case the Amphur would have also included an order awarding custody formally. The only way a custody order for a child, born out of an unregistered custom marriage, could be obtained would be by application to a family court judge but this is normally only pursued in disputed cases ( and possibly when the father smells money from a farang source?). In your circumstances such an order would be superfluous, a needless expense and likely to cause an unnecessary delay.

Can you not seek advice from a solicitor or OISC registered practitioner and obtain an opinion but still represent yourself at the hearing?

[vinny]

See also Bringing Step Daughter To Uk, Any advise welcome

[the scouser]

Ben,

I would go along with the gent's advice and get your appeal fully prepared by either a lawyer or OISC-registered adviser and then represent yourself at the hearing.

The immigration judge will guide you through the process and there'll be little to say at the hearing itself, although youy may be asked a few questions. However, to have your bundle properly prepared will create a good impression, rather than just dumping a load of papers in front of the judge and leaving them for him to sift through.

As a minimum, you should have a witness statement in respect of you, your wife and step-daughter. In addition, you'll need a skeleton argument which addresses the legal issues. Also, don't forget that your bundle needs to be in at least 5 days before the hearing, so time is beginning to be of the essence.

Scouse.

[Mossfinn]

At 13 she should be entitled to the same immigration status as your wife, that is why I was asking how old she was, the older they are the more difficult it is to receive the visa, but 13 should be fine.

Doesn't it have to be established that the mother 'has had sole responsibility', or has that legal requirement been waived again?

Richard W,

You have only quoted part of my responses, in post 5 I said that a custody order from the court stating sole custody was with the mother, would be required.

I also said the affidafit was a concern but not a complete refusal.

The gent and Scouse have suggested that the affidavit may well be enough which is good enough for me.

Bang,

It would appear that the consensus is, if not to be represented then at least take advice.

Good Luck

Moss