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stepdaughter refused

 
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cookie1003
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Joined: 05 Jul 2012
Posts: 7
Location: UK

PostPosted: Thu Jul 05, 2012 9:53 pm    Post subject: stepdaughter refused Reply with quote

my wife is from thailand & we have been together 7 years & married 4, we both felt we are now financially ready & after me building our new house for our family (i have not been married nor have any kids) know we were ready to fetch her daugher 10yr old to the uk before she would move up a school from primary education.
we have just recieved the refusal for her visa which devastated my wife as we thought it wouldn't be difficult as we have a local school ready & happy to take her, we have never claimed any sort of benefits & have enough money to satisfy them, etc etc,
they say my wife has shown we have kept in contact via phone & visiting her every year but my wifes mother did not help in the interview saying she has looked after the child almost since she was born which most grandmothers even here in the uk do. they help out but they must have missinterprited what she said. also she never mentioned that the grandfather is under medication for a mental health problem nor that she was looking after an elderly great grandfather who is disabled. also she said my wifes sister & brother helped with my wifes daughter whilst she was in the uk, they have both left home now he to join the army & she is now married.
can anyone help with how we appeal to their decision
thanks in advance
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Lucapooka
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Joined: 14 Aug 2011
Posts: 6518
Location: Brasil

PostPosted: Thu Jul 05, 2012 10:03 pm    Post subject: Reply with quote

A sponsoring parent must be able to show that he/she has been solely responsible for exercising parental care over the child for a substantial period.

Has been = present perfect tense. It links the past with the present, and that period must be substantial. If your wife has not been making the key decisions in her child's life for 7 years then she does not qualify under the immigration rules.
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cookie1003
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Location: UK

PostPosted: Thu Jul 05, 2012 10:05 pm    Post subject: Reply with quote

also at the bottom of the page they say she doesn't meet the requirements of paragraph 297(i)(e) & 297(i)(f).
where can i find what this is,
thanks.
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cookie1003
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Location: UK

PostPosted: Thu Jul 05, 2012 10:07 pm    Post subject: Reply with quote

shes only been here in the uk 4 year
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Lucapooka
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Location: Brasil

PostPosted: Thu Jul 05, 2012 10:07 pm    Post subject: Reply with quote

4 years; still the same answer. The rules are here.

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part8/children/
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cookie1003
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PostPosted: Thu Jul 05, 2012 10:21 pm    Post subject: Reply with quote

so theres nothing we can do then.
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asim72
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Joined: 28 May 2012
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PostPosted: Thu Jul 05, 2012 10:31 pm    Post subject: Reply with quote

No.
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Lucapooka
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Joined: 14 Aug 2011
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PostPosted: Thu Jul 05, 2012 10:37 pm    Post subject: Reply with quote

There may be a solution but you need professional help with the appeal (it's complicated and you don't have sufficient knowledge to do this yourself). Your grandmother torpedoed the application with her statement that she has looked after the child and has been calling the shots throughout her life. Frankly, the ECO had no other choice if he was expected to do his job in a professional manner.
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vinny
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PostPosted: Thu Jul 05, 2012 11:31 pm    Post subject: Reply with quote

See also sole responsibility.
_________________
We do not inherit the Earth from our ancestors, we borrow it from our children.
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cookie1003
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Joined: 05 Jul 2012
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PostPosted: Fri Jul 06, 2012 12:25 am    Post subject: Reply with quote

wifes been on the phone to her & she says she never said the thing they put, or some of them they took in the wrong context ie she looked after the baby from being 1 day old. well yes she did but so did my wife & the rest of the family as does any family over the world who all live in the same house.
they asked her if she looked after the baby which she said yes but on the paper they said she had raised the baby from being one day old. which is totally different.
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cookie1003
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PostPosted: Fri Jul 06, 2012 12:28 am    Post subject: Reply with quote

could anyone recomend anyone that could give us professional help,
thank you.
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Lucapooka
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Joined: 14 Aug 2011
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PostPosted: Fri Jul 06, 2012 9:57 am    Post subject: Reply with quote

cookie1003 wrote:
wifes been on the phone to her & she says she never said the thing they put, or some of them they took in the wrong context ie she looked after the baby from being 1 day old.

Hearsay. Perhaps the GM is saying of course she did not say this or that in an embarrassed response to her daughter's angry questions. Your wife was not at the interview and the interview was recorded. Generally the questions are clear and straightforward and are not intended to trick or entrap the interviewee. Whatever the facts, it does not matter now! What is important is you address the reasons the refusal with evidence to the contrary.

Victoria Sharkey at Medivisas is a very competent OISC registered immigration advisor who will be able to help you in this matter.

http://www.medivisas.com/
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