# Visa denied



## mistheuk (May 8, 2012)

Hi i was on here under the screen name mistboundforuk before and had applied from usa for 2 visas, one for myself and my daughter. Just wanted to let everyone know that my daughters visa was denied because they are requiring that you have court documents saying the parent traveling has sole custody and the documents must be sent within 4 days of them contacting you about it. There was no way I could get a court document that fast. It cannot be a notarized letter anymore saying the other parent gives permission.....and the UKBA had phoned me up to talk to me regarding this. Just letting any other parents out there planning on taking children know whats going on before you waste your money.


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## travelspice (May 6, 2012)

Hmmm I am Canadian and applying for ancestry visas for myself and my children and have a notarized letter allowing me to take them out of the country and I also have my legal custody papers that state reasonable access at my discretion...do you think that will be solid enough? I would hate to lose 270 pounds x 3 for failing the application...


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## mistheuk (May 8, 2012)

As long as You have the legal custody papers you should be good. All the woman from the NY consulate told me over the phone was that it must be court ordered sole custody document, no notarized letters.


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## travelspice (May 6, 2012)

I will send both then and hope for the best...scary thought to lose that much money though!


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## mistheuk (May 8, 2012)

Yea it def is. Took abt 5 1/2 weeks for them to make my decision because of my daughter applying. When it comes to children leaving the country, they have to be extremely careful. So my journey has ended here, wedding is off, all plans for UK are off....I cannot afford to go spend a couple thousand on court for a sole custody document and then re-apply for 2 new visas. Breaks my heart but the decision was not in my hands. Wish everyone the best of luck


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## travelspice (May 6, 2012)

Maybe you could call around to lawyers and find one that would let you give a deposit and then pay it off later in installments? Or legal aid even? I think my custody papers cost around $700. Good luck with whatever you do and I feel for you.


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## gkt (May 10, 2010)

mistheuk said:


> Hi i was on here under the screen name mistboundforuk before and had applied from usa for 2 visas, one for myself and my daughter. Just wanted to let everyone know that my daughters visa was denied because they are requiring that you have court documents saying the parent traveling has sole custody and the documents must be sent within 4 days of them contacting you about it. There was no way I could get a court document that fast. It cannot be a notarized letter anymore saying the other parent gives permission.....and the UKBA had phoned me up to talk to me regarding this. Just letting any other parents out there planning on taking children know whats going on before you waste your money.


Hello mistheuk, am sorry to hear about your visa denial. Why can't you try to appeal? What evidence of sole responsibility did you submitt for your daughter? Also was your visa issued or denied too? If it was denied what was the cause/reasons given by ECO for denial? Maybe if you gave further information people on here can guide you accordingly.....some applications have been denied but then when appealed overturned. Please give us more information so that we can give advise...some of us are going through the same but have been following this forum for some time, and I can say it is very helpful. Do not give up just yet


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## mistheuk (May 8, 2012)

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.


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## gkt (May 10, 2010)

mistheuk said:


> 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.



Oh ok, so maybe yours has been approved, and maybe they had not made a decision yet concerning your daughter and that is why then they requested you to send in documents in 4 days so that they could make a decision based on that...but any how, let us know what their feedback is when you get the documents... But what if they have granted yours? Have you thought then what you will do?


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## mistheuk (May 8, 2012)

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.


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## gkt (May 10, 2010)

mistheuk said:


> 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


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## Joppa (Sep 7, 2009)

mistheuk said:


> 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/s...Is/idischapter8/section5a/annex-m?view=Binary


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## mistheuk (May 8, 2012)

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


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## mistheuk (May 8, 2012)

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


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## shellybeans (Feb 12, 2012)

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.


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## mistheuk (May 8, 2012)

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


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## gkt (May 10, 2010)

mistheuk said:


> 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.


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## AnAmericanInScotland (Feb 8, 2012)

mistheuk said:


> 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.


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## mistheuk (May 8, 2012)

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.


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## MLH (Jan 22, 2012)

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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## mistheuk (May 8, 2012)

Thank you mlh. I appreciate it. Gonna go for a walk in the rain and clear my thoughts a bit lol


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## MLH (Jan 22, 2012)

mistheuk said:


> Thank you mlh. I appreciate it. Gonna go for a walk in the rain and clear my thoughts a bit lol


I will brainstorm at my desk instead of this mind-numbing nonsense that I do for a living. <3

Take a walk and alot of deep breaths. 

Defeatism is a tough nut to crack, but I am here to shake you out of it!

I am guessing you weren't able to cancel the application because the file had already been opened, right? 

You've really got nothing to lose if you do appeal. 

Time maybe, but better than not appealing! 

How's your partner taking it? What are their thoughts?


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## mistheuk (May 8, 2012)

He's not so well mlh. Actually, he's taking it worse than I am.


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## travelspice (May 6, 2012)

Also I would add as much new information as possible to an appeal and make it very clear that 4 days simply was not enough time to procure documents and perhaps even without new sole custody papers but further details, letters, info, would be enough to help the appeal win?


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## mistheuk (May 8, 2012)

Im going to try and do what I can with the helpful advice of mlh, Like I told her the entry clearance officer that phoned me said and I quote " must be court ordered sole custody papers, no notarized letters" So if thats what they are only willing to accept from me than thats what I have to TRY and get


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## MLH (Jan 22, 2012)

mistheuk said:


> Im going to try and do what I can with the helpful advice of mlh, Like I told her the entry clearance officer that phoned me said and I quote " must be court ordered sole custody papers, no notarized letters" So if thats what they are only willing to accept from me than thats what I have to TRY and get


In some ways, I believe that they were probably referring to the court ordered document as absolute proof (in place of what they had in front of them-to make a decision on the spot about the open file), but there are other ways that they are willing to look at each individual case depending on the supporting evidence.

It is alot harder when the kids are younger, I am sure.

Clearly, this wasn't a requirement for us and probably because of the evidence we were able to supply in addition to my sworn statement, etc.

Let us know what you are able to gather along the way and if I can think of anything else-I will be in touch.

P.S. Let your partner know we are in your corner and trying to help you get to him!


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