# My confusing email from UKBA



## Rammy (Apr 10, 2012)

Hello everyone,
I've applied for a spouse visa and child dependant (my son) visa. Last thursday I received an email from UKBA with my reference number saying, "Has been issued." Does this mean I have been approved? And today, I have received an email without any reference number saying, "Dear Applicant We regret to inform you that after careful consideration against the immigration rules, your UK visa application has been unsuccessful." Now, is one visa approved and the other one not? Or has both visas been refused? It is so confusing! 
Thanks in advance for all your kind answers.


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## Joppa (Sep 7, 2009)

Rammy said:


> Hello everyone,
> I've applied for a spouse visa and child dependant (my son) visa. Last thursday I received an email from UKBA with my reference number saying, "Has been issued." Does this mean I have been approved? And today, I have received an email without any reference number saying, "Dear Applicant We regret to inform you that after careful consideration against the immigration rules, your UK visa application has been unsuccessful." Now, is one visa approved and the other one not? Or has both visas been refused? It is so confusing!
> Thanks in advance for all your kind answers.


I don't know what's going on, but you just have to wait until you get your supporting documents back to see if you have visa in your passport(s) or not. You should only have to wait a day or two.


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## Rammy (Apr 10, 2012)

Thank you for very much for replying Joppa!

I will come back this afternoon with the visas answer. 

I am very stressed but will try to relax.


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## mistbound4england (Dec 26, 2011)

I have read somethg similar to this with another woman that applied for herself and her child, they granted hers and denied her sons. Unfortunately I think they may do this with mine and my childs as well  Its kind of annoying seeing how they wld know you wouldnt leave without ur child, so why approve either then


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## Joppa (Sep 7, 2009)

mistbound4england said:


> I have read somethg similar to this with another woman that applied for herself and her child, they granted hers and denied her sons. Unfortunately I think they may do this with mine and my childs as well  Its kind of annoying seeing how they wld know you wouldnt leave without ur child, so why approve either then


Even if you apply together, they are two separate applications, and the UKBA have to consider each on its merit and approve or disapprove as the case may be. While you wouldn't want to leave without your child, they are powerless to do anything other than to consider each application separately.


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## Rammy (Apr 10, 2012)

Is a notary letter signed by my ex-husband enough to prove that I have the sole responsibility for my son?
Letter from his school, saying that he has been studying there for 4 years. So that he lives at the same home address as mine which is my parents house.
What else would be good to get to help with the application?
Thank you ever so much!


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## Joppa (Sep 7, 2009)

Rammy said:


> Is a notary letter signed by my ex-husband enough to prove that I have the sole responsibility for my son?
> Letter from his school, saying that he has been studying there for 4 years. So that he lives at the same home address as mine which is my parents house.
> What else would be good to get to help with the application?
> Thank you ever so much!


Just wait for the outcome of your applications. Should you be unfortunate to be denied either visa, an enclosed letter will spell out why, refering to specific immigration rule(s), and you can then go on to remedy it in your appeal or subsequent reapplication.


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## Rammy (Apr 10, 2012)

*What to do now? Please help!*



Joppa said:


> Just wait for the outcome of your applications. Should you be unfortunate to be denied either visa, an enclosed letter will spell out why, refering to specific immigration rule(s), and you can then go on to remedy it in your appeal or subsequent reapplication.


The Passports arrived. My visa was approved and my son's refused.
This is was they wrote in the letter.
I don't even know how to start.
What documents are being required???
I am desperate!!!

Your Application

You have applied for na entry clearance to settle in the United Kingdom. I have considered your application under the paragraph 301 of the United Kingdom Immigration Rules. You can read these rules at: ...

The Decision 

You have stated that you intend to join your mother in the United Kingdom and have applied together for Leave to Enter under the Settlement route. Your bith certificate shows that your father was registered and you have also submitted a power of attorney document stating your parents have decided that your maternal grandmother is legally responsible for making decisions regarding your well-being on their behalf. However, you have not submitted evidence that either your maternal grandmother or your father consent to this application being made nor as to the current whereabouts of your father.
Futhermore, you have stated that you have never visited United Kingdom. I note that your mother travelled to the United Kingdom in October 2003, just 14 months after your birth. It is not clear from the evidence before me how long your mother stayed in the United Kingdom during this visit. However, it is stated that your mother agin visit the United Kingdom and reimaned there until February 2012. Whilt there she divorced your father and married a United Kingdom citizen, effectivelly starting a new life.There is no evidence before me as to where you resided during your mother’s firts visit to the UK when you were a 14-month old infant or during the substantial period of 5 years between 2007 and 2012 and who was responsible for your care in your mother’s absence. Although, as you state that you have never been to the UK it is fair to assume on a balance of probabilities that your mother has had any influence on the decisions made regarding your well-being during this time and therefore, I am not satisfied that you are seeking leave to enter to join a parente or parents in one of the following circumstances: 
(a)	One parente is presente and settled in the UK or being admitted on the same occasion for the settlement and the other parente is being or has been given limited leave to remain in the UK with a view to settlement; or
(b)	One parent is being or has been given limited leave to ente ror remain in the UK with a view to settlement and has had sole responsibility for the child’s upbringing; or
(c)	One parent is being or has been given limited leave to remain in the UK with a view to settlement and there are serious and compelling Family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.
301(i)
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all the requirements of the relevant Paragraph of the UK Immigration Rules.


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## Joppa (Sep 7, 2009)

Rammy said:


> The Passports arrived. My visa was approved and my son's refused.
> This is was they wrote in the letter.
> I don't even know how to start.
> What documents are being required???
> ...


So they are quering what happened from 2003 and 2005 and from 2007 and 2012 while you as his mother was in UK and presumably he was still in his home country. If you had sole custody during that period, who was looking after him? If it was your parents - his grandparents, you didn't enclose any evidence that they agree to his being taken to UK. Has his father - your ex - given his consent? 

In short they are doubting that you exercised parental rights during your long stays in UK while he was growing up, so they are declining his application to join you in UK in the absence of agreement of those who were and presumably still are exercising day-to-day parental responsibility.

So in order for them to reverse their decision, you need to come clean on the exact periods you were in UK, and who was looking after your son while you were away, and supply their consent in writing to his travelling to join you in UK. And you need to state any role his biological father has played and still plays in his life and preferably get his agreement as well.


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## Joppa (Sep 7, 2009)

Joppa said:


> So they are quering what happened from 2003 and 2005 and from 2007 and 2012 while you as his mother was in UK and presumably he was still in his home country. If you had sole custody during that period, who was looking after him? If it was your parents - his grandparents, you didn't enclose any evidence that they agree to his being taken to UK. Has his father - your ex - given his consent?
> 
> In short they are doubting that you exercised parental rights during your long stays in UK while he was growing up, so they are declining his application to join you in UK in the absence of agreement of those who were and presumably still are exercising day-to-day parental responsibility.
> 
> So in order for them to reverse their decision, you need to come clean on the exact periods you were in UK, and who was looking after your son while you were away, and supply their consent in writing to his travelling to join you in UK. And you need to state any role his biological father has played and still plays in his life and preferably get his agreement as well.


What you should do is within 28 days you lodge an appeal against their refusal, and enclose those documents I have described, and a covering letter answering their queries.


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## Rammy (Apr 10, 2012)

Thank you for all your prompt replies Joppa.

I will start to move and get the documentation together.

The only thing is that his biological father lives somewhere in the UK and I am in Brazil. 

I can't get him to sign anything 

But I will get all the evidence from my parents, his school, etc. That my son has being under my parents responsibility all this time.


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## Joppa (Sep 7, 2009)

Rammy said:


> Thank you for all your prompt replies Joppa.
> 
> I will start to move and get the documentation together.
> 
> ...


The fact you were legally married to him when you had your son and he is on his birth certificate mean the UKBA need to be satisfied how he no longer has any say in his son's future. So describe in your covering letter the exact situation vis-a-vis his natural father, the difficulty of contacting him, and how little involvement he has had in his life since your divorce. What are his rights under the divorce settlement?


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## Rammy (Apr 10, 2012)

Rammy said:


> The Passports arrived. My visa was approved and my son's refused.
> This is was they wrote in the letter.
> I don't even know how to start.
> What documents are being required???
> ...


Right, Below are the documents I have got for the reapplication:

- The maternal grandparents statement letter, explaining that they looked after my son since 2003 til now and that the biological father abandoned my son, helping neither financially or emotionally. That my son has never seen his dad since 2003 and did not even got a call from him;

- Power of Attorney from the maternal grandparents authorising me to obtain my son's UK to settle with me and my husband;

- The power of attorney left in 2003 by me and the biological father of my son that my parents were responsible for my son;

- The term of responsibility document we left to my mother to look after my son;

- My son's schools statement confirming the period he studied there, where he resided, living with my parents, but that me, the mother, has being in contact with the school by phone and emails while I was away and that I have been paying for his schools all this time;

- GP letter confirming that my son have seen the doctor there all these years and takig the vacines too. Also that I have been with my son a few times, while I went back to Brasil in 2007 and 2012.

- Church letter confirmaing that my son attends it with his grandmother and that me, his mother has being also attending the cghurch together with them while I am in Brasil;

- A statement from me explaining what happened since 2003 and confirming that I do have influence in my son's life and that I was part of his life even being distant. Also explaining that I have no contacts what so ever with my son's biological father.

- A statement from my husband saying that he has been paying for my son's applications, tickets, etc and that my son even call him dad. And also that my son meantioned that he will be changing his last name to the same as his stepfather;

- Photos of my son and I of when I came to Brazil in 2007, his 5th Birthday Party Invitation that I have organised for him;

- Money transfers receipts, proving that I have been sending money from UK to my son.

Would you think it will enough to prove my balance of probabilities and that I do have the sole responsibility for my son?
Also, all those will prove where and with whom he has been living all this time.
I have no contacts with his dad, but my parents do say in the statement that he has abandoned my son and never helped with anything, no ever even called to find out if my son was okay.

Thanks for all your help!


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## Joppa (Sep 7, 2009)

Rammy said:


> Right, Below are the documents I have got for the reapplication:
> 
> - The maternal grandparents statement letter, explaining that they looked after my son since 2003 til now and that the biological father abandoned my son, helping neither financially or emotionally. That my son has never seen his dad since 2003 and did not even got a call from him;
> 
> ...


The list of documents seems more than sufficient to answer UKBA's queries about your ex and your sole parental responsibility. 
While I'm not in a position to say you will be successful, you seem to have a good chance of your appeal being upheld.

Instead of reapplying, for which you have to pay the full fees again, I suggest you appeal against the decision within 28 days of receiving back your documents. It only costs £80, and if your appeal is upheld, possibly when reviewed by the Entry Clearance Manager, your son's visa will be issued without extra cost. Follow the instruction for lodging an appeal enclosed with the rejection letter. Don't send in your son's passport until they tell you to.


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## Rammy (Apr 10, 2012)

I am happy to know that I am going on the right way.

I will post the result after we get the visa. 

Thank you for all your suggestions.

You are great and answer to our questions very quick


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## Rammy (Apr 10, 2012)

Joppa said:


> The list of documents seems more than sufficient to answer UKBA's queries about your ex and your sole parental responsibility.
> While I'm not in a position to say you will be successful, you seem to have a good chance of your appeal being upheld.
> 
> Instead of reapplying, for which you have to pay the full fees again, I suggest you appeal against the decision within 28 days of receiving back your documents. It only costs £80, and if your appeal is upheld, possibly when reviewed by the Entry Clearance Manager, your son's visa will be issued without extra cost. Follow the instruction for lodging an appeal enclosed with the rejection letter. Don't send in your son's passport until they tell you to.


Joppa, I also forgot to ask about the paragraph below that UKBA mentioned on the Refusal Letter.

The Decision 

You have stated that you intend to join your mother in the United Kingdom and have applied together for Leave to Enter under the Settlement route. Your bith certificate shows that your father was registered and you have also submitted a power of attorney document stating your parents have decided that your maternal grandmother is legally responsible for making decisions regarding your well-being on their behalf. However, you have not submitted evidence that either your maternal grandmother or your father consent to this application being made nor as to the current whereabouts of your father.

After, my parents confirming in the statement that we can't reach the biological father, and that he has not influence in my son's life. + saying the same on my statement and on my husband's statement (sponsor).
Do you think that even though I should submit the power of attorney again, or just leave it out of the folder this time?

Because my parents will be travelling with my son to take him to UK. I will go 1 month before them so I can welcome them there.


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## Joppa (Sep 7, 2009)

Rammy said:


> Joppa, I also forgot to ask about the paragraph below that UKBA mentioned on the Refusal Letter.
> 
> The Decision
> 
> ...


You can resubmit the power of attorney, but what they are looking for is a statement from your parents agreeing to your son being taken to UK. It can be included in their statement mentioned at the top of your list, or a separate statement. Also mention the fact that they are accompanying your son to UK, making it obvious they agree to your son's relocation.


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## Rammy (Apr 10, 2012)

Joppa said:


> You can resubmit the power of attorney, but what they are looking for is a statement from your parents agreeing to your son being taken to UK. It can be included in their statement mentioned at the top of your list, or a separate statement. Also mention the fact that they are accompanying your son to UK, making it obvious they agree to your son's relocation.


What about the UKBA Refusal Letter? Do I have to add it to his documentations?
I decided to reapply because I cannot be waiting to long until we get this visa.


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## Joppa (Sep 7, 2009)

Rammy said:


> What about the UKBA Refusal Letter? Do I have to add it to his documentations?
> I decided to reapply because I cannot be waiting too long until we get this visa.


No, you keep the UKBA letter.
As I said, if the Entry Clearance Manager reverses the earlier rejection, it may only take a few weeks. If the case is referred to the tribunal in UK, it can take 2-3 months, but then at that stage you can withdraw your appeal and resubmit your application.
But if you want to reapply now and pay the full fee again, it's up to you.


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## Rammy (Apr 10, 2012)

Good Afternoon Joppa,

I have reapplied yesterday for my son's Child Dependant Visa and below is how I organised the folder.

- Duly Completed Application for United Kingdom Entry Clearance Child Dependant Visa
- Sponsorship Undertaking Form
- My son's Passport
- My son's Two Passport Photographs
- My Certified Copy of Passport and UK Spouse Visa
- My husband Certified Copy of Passport 
- My mother Certified Copy of Passport – Maternal Grandmother
- My father Certified Copy of Passport – Maternal Grandfather
- My son's Original Birth Certificate
- My son's English Translated Birth Certificate
- My husband's Certified Copy Birth Certificate
- My Original Contested Divorce Certificate
- My English Translated Contested Divorce Certificate 
- Our Original Marriage Certificate
- Our English Translated Marriage Certificate
- My son's Original Authorisation for Minor to Travel
- My son's English Translated Authorisation for Minor to Travel
- Power of Attorney from 2003 left bymy son's biological parents, my ex-husband and I, confirming that his maternal grandparents were responsible to look after him since then
- English Translated Power of Attorney from 2003 left by my son's biological parents, my ex-husband and I, confirming that his maternal grandparents were responsible to look after him since then
- Maternal Grandparents’ Certified Statement of Consent
- English Translated Maternal Grandparents’ Statement of Consent
- My Sole Responsibility Statement
- My husband's Sponsorship Statement 
- Passo a Passo Nursery Statement
- English Translated Creche Passo a Passo Statement
- SESI Primary School Statement
- English Translated SESI Primary School Statement
- Local GP Doctor Records
- English Translated Local GP Records
- My son's Original Vacination Card
- Church Statement
- English Translated Church Statement
- My previous job in Brazil in 2007 Statement
- English Translated previous job in Brazil Statement
- My Money Transfer Receipts from UK to Brasil – Covering 2007-2011
- My Bank Transactions confirming deposits made to her father from 2007 to 2012
- My father Bank of Brazil Statements from 2005 to 2006
- My Money Transfer Statement
- My husband's National Insurance Number
- My husband's Original Contract of Employment with London Borough of Lambeth 
- My husband's Original Letter Confirming Current Employment
- My husband's Original Payslips Covering 6 Months
- My husband's Original P60 – 2010 and 2011
- My husband's Original Halifax Bank Statements Covering 6 Months
- My husband's Original Santander Bank Statements Covering 6 Months
- My husband's Current Bank Account Statements
- My husband's Mortgage Contract, Confirmation of Mortgage Completion, Mortgage Offer of Loan, Balance for Mortgage Completion and Current Mortgage Statement
- My husband's Statement of House Ownership
- My husband's Original Utilities Bills and Council Tax Bills
- Maternal Grandparents’ Original Utilities Bills
- Our Blessing of Marriage Invitation for 14th July 2012, London
- Photographs
- My son's 5th Birthday Invitation – 25th August 2007
- My son's Painting

We are hoping that now the visa will be approved, I will let you know when we receive my son's passport.

Do you think we have supplied with enough supporting documents?

We are just so scared about being refused again


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## Rammy (Apr 10, 2012)

Hi Joppa, 

I hope that you are well! 

I have got the email below from UKBA today regarding my son's visa.

Does it mean that we have been approved this time???

Thank you for your help.

Has been issued. Your documents will be dispatched the following working day. We want to hear your views on the service we provided, please complete our Customer Satisfaction Survey at: http://feedback.ukba.homeoffice.gov.uk/v.asp?i=37412smumc

Play by the rules or get locked out for up to 10 years if you abuse our immigration laws. This is an automated message, please do not reply to this email.

***********************************************************************************
Visit http://www.fco.gov.uk for British foreign policy news and travel advice and http://blogs.fco.gov.uk to read our blogs.


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## AnAmericanInScotland (Feb 8, 2012)

Rammy said:


> Hi Joppa,
> 
> I hope that you are well!
> 
> ...


Key words: '...has been issued...' 

Naturally you will be cautiously estatic, lol, until you have the visa vingette physically in your hand, but generally the words '...has been issued...' means the visa has been issued.

It may not be on the pages immediately following your bio pages, so be sure to check every page in your passport booklet until you find it


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## Rammy (Apr 10, 2012)

Amazing! Great! Fantastic! Wonderful! 

Thank you for replying!

All the best!


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