Appealing visa refusal

Yes. I see your point.

But what if one cannot fulfil the silly requirement for whatever reason, jury service, paternity leave, sick leave, vacation etc, but clearly can easily fulfil the requirement in essence, though not to the letter. It may just be that someone has no choice but to earn 1 weak months worth a year, yet clears the overall figure more than admirably. That person then cannot fulfill the silly requiremnt. That person will have an axe to grind.

Kuya's circumstance will surely not be a one off.

Yes, the English Language test requirement is dumb but the current requirement for income is even dumber.

Good luck for the appeal, hope all goes well and gets overturned.

while I have no experience of it going infront of a judge, before our descision was overturned, I was of the thinking and opinion that while ECO and ECM make descisions based on rules alone, judges will make descisions based on facts and what's infront of them and its likely they do and will overturn cases that don't meet the rules because they will take into consideration other factors. Maybe somebody can confirm if that is correct or not?


Court of law judges certainly are outside of the government, while they enforce the laws made by government they answer to the lords.

but best wishes and good luck

him travelling to Manila tommorow morning, got a morning flight and hope to bring back my fiancé with me.

Bon voyage.

I applaud you for challenging the ambiguity of the immigration rules and whilst if you take the rules as verbatim, the ECO followed the correct protocol and refused the visa however there is case that you quite clearly meet the rules. My fear is that with these kind of cases, often referred to as "test cases" they can drag on and on from the first tier tribunal, possibly to the upper tribunal and then to Court of Appeal which could take some time. It is just a thought but do take into consideration the timescales that are involved here and it may be worth to simply re-apply for the spouse visa, you may find that she comes to the UK sooner rather than later.

LOL, hopefully in fluorecent highlighter.

(ii) any period of salaried employment in the period of 12 months prior to the date of
application if the applicant has been employed by their current employer for less than 6
months (or at least 6 months but the person does not rely on paragraph 13(a) of this
Appendix), or in the financial year(s) relied upon by a self-employed person.


If I'm perfectly honest I find this paragraph rather ambiguous need some clarity on this I feel, so far other than this site no one has mentioned this significant change, and trust me I follow alot of immigration sources to keep my knowledge on track, it may be one to discuss and banter over with, with fellow colleagues...the best solution to all immigration problem, two heads are always better than one. I'll rattle the brain of others once the rules come into force and see what the consensus is.

Are your last 6 months' wage slips upto scratch? that would be the best option

Sometimes you wonder if this stuff had been better written by Stanley Unwin?

BTW I am new to this forum too, but its good to have you on board, Monamd.

cheers JohnAsh well I actually have alot of British - Filipino clients so it is actually helping me understand what they go through, trying to provide a more personal service to my clients, those who wish to utilise an immigration expert that is, I am well aware it can be done without the need of one but don't knock them all there are good ones out there!

Yes. I used one and agree.

Hello to everyone on this forum, and this is my first post. First topic that caught my eye was this one and I have to say that the subject is very close to my heart, after the amount of bull **** we were put through. My wife and I had been married for 6 years and were living and working in Australia, when as my Mum was very ill we decided to come back to the UK. Would the Embassy help at all,,NO, they said my wife would have to return to the Philippines and apply there. Well two applications later and me still on my own with our 4 year old and 17 month old daughters, I was at a loss and so contacted the papers and following our story being printed the TV took it up. If you would like to see more I have posted on youtube the TV's coverage of first our story and the final arrival of my wife in the UK just 3 weeks after us being on TV. Just shows the Power of the Press, and I hope you will take a look. Regards Dave