Wife and Daughter's visa applications refused ...

[BG101]

I am a British citizen (born here in Leicester) and have always lived here.

My Wife and I married in Kenya on the 5th of March 2005, after a year-long engagement. We met initially on one of her previous visits to the UK and have been totally committed to each other ever since. We love each other very much and neither of us want to live apart any longer. She has a daughter (now aged 7) whom I accept as my own.

Our ambition is to settle here in the UK as a family, I have a house here which I bought in 1996, when the prices were at their lowest ... meaning mortgage payments are low and since I'm overpaying will be mortgage free in about 8 years from now. Am also now working for a multinational company with good job prospects.

So we applied for settlement visas for both her and our daughter, and were given the impression that these would not take long and asked by the agency to the Nairobi UK Embassy to call a week later. Being told there was no reply from the embassy as yet, she was asked to call the next day, and the next ... and so on ... you can imagine how we had our blood racing in anticipation of the visas being issued, only to be disappointed and having to wait another day. As you can imagine this turned to weeks, then months.

I emailed the High Commissioner a month after the initial application was lodged, and had a reply stating that "settlement visas are currently taking 4 to 6 weeks".

After 12 weeks of waiting, hoping and praying, she was finally called for an interview ... and refused. They stated that her passport was fake and that she had no proof of nationality - this is despite them having it in their possession for three months - she was arrested on the spot in front of our daughter and my wife's friend and taken to police cells, where she was kept for 5 days before being allowed out on bail (provided by me) whilst the police conducted their investigations.

Our daughter was refused on the grounds her mother had not been granted entry clearance.

The refusal letter had been composed on the day they called her to request her presence, two days prior to the interview itself.

The police called the passport issuing office, who confirmed that the passport was indeed hers, and there was nothing wrong with it. This is all the embassy needed to have done in the first place.

She was told at the time of the "interview" that she could return with a valid passport and the decision should be overturned (appeal?) but having read the refusal letter it stated that she has NO right of appeal "but she can re-apply".

Having asked advice she has applied for, and is expecting, a new passport - within the next day or so at the time of this post - since her old one had simply had an endorsement of an additional five years, since it was due to expire later this year and we didn't want the same thing to happen again. There have never been any problems with the passport before.

Although we are still trying to be hopeful of a positive outcome I know that, having read through the procedures which should have taken place - i.e. issue of appeal form at the time of refusal - there is little if any chance of them accepting a request to review the application.

Apparently a fresh application can not be made without a 12-month wait, although she has had no verbal or written indication of this - in any case they will probably refuse for some other "reason" most likely financial, since my bank statements are now decidedly lacking in substance, having had to send hundreds of pounds for bail money and needing to support my family whilst stuck there. I'm not overdrawn now but have dipped slightly into my overdraft a couple of times in the past few months which destroys my financial credibility as far as any re-assessment is concerned.


I have checked the requirements for a work permit for me to stay in Kenya whilst we try to re-apply but it seems I must have a job lined up beforehand, in any case it is unlikely I will be able to find anything with sufficient pay to cover the mortgage and basic maintenance costs (inc Council Tax etc.) plus would forfeit my present job prospects with G.E. - and losing the house here is not an option since it's now impossible to get on the property ladder in the current market without a VERY well paid job ... and it would be a complete waste of all the time and effort I have spent so far restoring, renovating and improving the house and thousands of pounds it has cost! I don't wish to give up the chance to provide a good home and secure future for my family simply because of a mistake by the ECO.

She is now working whilst we wait for an outcome but well paid jobs are not easy to come by even with her background and qualifications. In any case what she is earning would barely cover our costs if she were to support me and pay the mortgage so I could be with her there and we would then both be without a job on our return.

Without a home and full-time job here a future visa application would certainly be refused anyway.


I'm sorry this is such a long post but I've tried to give as full a description as possible.


Hope something positive will come out of this

Best regards
BG

[John]

She was told at the time of the "interview" that she could return with a valid passport and the decision should be overturned

Basically what I think you need to do is ask for a review of the applications by the Manager of the Visa Section. That will work a lot faster than an appeal. Indeed it is what is being said in the words of your I quote above.

I suggest that she goes to the Passport Office with her passport and gets some sort of confirmation from them that the passport is indeed real. Armed with that I suspect the Manager's review will grant the applications. After all, all the other detail you post about financial matters and accommodation and "evidence of contact" seems to show there is no reason to refuse the application.

On granting your wife's application your step-daughter's one should be granted as well.

Hope it all turns out well in the end.

By the way, don't give up your UK job! This could all be sorted out very quickly.

[Smit]

This is indeed a sad story but the visa section at the BHC in Nairobi, Kenya is notorious for being rude and unhelpful. Remember the Sanjay Shah story (the guy who was staying at the airport in Nairobi until he finally got British Citizenship).

The thing is do not give up, keep fighting for your family's entry clearance and you will get it in the end. You do not have to move to Kenya.

[Kayalami]

My Wife and I married in Kenya on the 5th of March 2005, after a year-long engagement. We met initially on one of her previous visits to the UK and have been totally committed to each other ever since.

1. Is the passport submitted in respect of the settlement application the same one used for her UK visits?

2. Is it the new generation Machine Readable (MRP) type or the old hand written type?

3. Where was your wife born?

4. Where were her parents born?

5. Were the parents married when she was born?

6. What is her month/year of birth?

7. Does she have a National Identity Card?

8. Does she have a PIN for Income Tax Payments?

9. Does the child in question have her own national passport?

10. Does the mother have sole custody of the child as awarded by a court?

[BG101]

Hi Kay ... in answer to your questions ...

1. Is the passport submitted in respect of the settlement application the same one used for her UK visits?
Yes

2. Is it the new generation Machine Readable (MRP) type or the old hand written type?
Not sure, think it's hand-written, but she's having a new one anyway.

3. Where was your wife born?
Kenya

4. Where were her parents born?
As above

5. Were the parents married when she was born?
Yes

6. What is her month/year of birth?
July 1972 - obviously after the 1963 independance so no dual nationality option

7. Does she have a National Identity Card?
Not at present, think she's applied for one though

8. Does she have a PIN for Income Tax Payments?
Yes (I think so anyway - she works for the Kenyan Government!)

9. Does the child in question have her own national passport?
Yes

10. Does the mother have sole custody of the child as awarded by a court?
No, but the father is unknown and her Birth certificate has only my Wife's name included.


An added note - she will be presenting her police report when she contacts the BHC as additional evidence.


>>EDIT<<
She also included her University papers amongst other things with her application - surely they would have taken this into account?


Thanks so much for all your help!

All the best
BG

[Kayalami]

1 - This throws out entirely the ECO's main basis of refusal...why should the same document endorsed on prior occasions now cause a problem? It may be that exit and entry records on file do not match those on the passport.

2 - Perhaps ECO want to endorse settlement visa on more secure MRP. A poster 'ge' on the forum at the Manila consulate (Phillippines) had the same problem. ECO issued visa on new passport given the applicant met all the rules.

3, 4, 5, 6, 7, 8 - Verifies her status as a Kenyan Citizen.

9 - The British High Commission in Nairobi requires each person including dependent children to have their own passport. This is in line with concerns over immigration abuse and child trafficking - re the 'Deya' case.

10 - eliminates requirement for paternal consent.

Uni papers - supports the 'no recourse to public funds' by indicating improved chances of employability. It would be helpful to include in the application if you so wish adverts from the UK of roles requiring her educational skills and work experience.

As a by the by I concur through anectodal evidence that the BHC in Nairobi has a deserved reputation for appaling service standards and downright rudeness. Only this week a high ranking Kenyan government official has had their visa revoked with notification coming to light only via a circular issued to Stupid prohibiting his travel to or through the UK. IMHO such notification is in breach of standard diplomatic protocol.

[BG101]

why should the same document endorsed on prior occasions now cause a problem?

Because they think the passport has been tampered with.

...
My wife has finally managed to get it back from Immigration Dept and put in an application for a new passport (as the ECO advised)

She has had a close look at it and it seems there is a possibility her photo was taken out and replaced ... when, or by whom, we don't know

It is obvious that my wife knew nothing of this prior to the interview which is why I think the ECO told her she could come with a new PP, despite the refusal letter stating otherwise - she would not have lodged a Settlement Application using a questionable document for Heaven's sake - I think the ECO realized this when she arrived but procedures were already put in place prior to the "interview" (it was set up as a trap, nothing more)

My main fear now is what I've already told my MP about this - if things are stirred up at that end and fingers are pointed, before her visa is issued (not that I can really believe she's going to get it anymore, after all that's happened - they have already made their decision) they may well opt to "protect" themselves, and save face, by pressing charges against my wife - if she is taken to court over this it could be many years before things are resolved and she could be prohibited from holding a passport indefinitely, or at least for a very long time

Even IF she had been given an official appeal form it would already be too late, since an application for a passport (even without all the time spent in the cells waiting for her case to be investigated and then the police files to be prepared) would probably have taken longer than the 28-day appeal deadline


I am flying there next month, for a week, having taken the risk of p***ing off the management and securing time off (I've already exceeded the normal limitations for annual leave) - in fact they are very supportive, but there are limits I'm sure - we will have been apart for SIX months by then

and we're not going to see each other again after this until Christmas, assuming I can get the flights


I am very close to throwing the towel in and selling up, so we can be together again - only problem is it will mean me securing a job there before I move since this is required in order to get a work visa, obviously working there necessitates a degree of fluency in the local languages ...

[Smit]

How is it possible that your wife's passport was tampered with without her knowledge? Now I can see why the BHC acted in such a harsh manner. They had every reason to reject the application on that ground alone.

As long as you are fluent in English, you don't need to be fluent in local languages to work in Kenya, although it does help to learn kiswahili. You will also need to apply for a Class A Entry Permit if you wish to take up specific employment in Kenya (your employer will have to apply for this permit).

These permits are not easily available and your employer has to demonstrate why a Kenyan cannot be employed for your role. I can give you contact details of a good Kenyan law firm who may be able to assist you with your application, if ever you decide to go down this route. Otherwise good luck with your wife's case.

[BG101]

Hi Smit

I have looked at her passport and to be honest I didn't see anything wrong with it. As I have said above,
no-one would be so stupid as to submit a passport knowing it had been tampered with.

She has spent some time house-sharing, so someone could possibly have had access to her passport without her knowing - these things CAN happen. However I doubt there is anything wrong since she has been given the all-clear by the immigration department and the Passport Office have NO PROBLEM with issuing her with a new one - which is now in progress as I write this - I rest my case.

In any event, the first thing they said to her was they had thought the photo wasn't hers. I can assure you that it definitely is.

I quote my above post:

The police called the passport issuing office, who confirmed that the passport was indeed hers, and there was nothing wrong with it.

My opinion is that they compared the wedding photos with the 5-year-old passport photo and made a judgement before they saw her in person. This is evidenced by the ECO's responses at the interview. She has her hair completely different now and (without wishing her any offence) was noticeably less well nourished than she is now



As regards living and working there, would we really be happy in an environment where I would be excluded from much of the social interaction due to language ... and my wife would always be looked on as a "tourist guide" (or worse)?

Nairobi is not exactly the safest place to live either, which is why people live in gated communities if they have any money at all. The smaller towns are ok but there is considerably less chance of me getting a job outside the big cities.


I'm sorry about some of my earlier comments, as you can imagine I'm pretty distressed by all this and tend to present things as a "worst case scenario" when I'm feeling like this. I only hope there is light at the end of the tunnel.

[Kayalami]

If the Kenyan authorities deem documentation in order and no charges are being brought then you best sit tight and wait for the visa to be issued. You relocating whilst understandable in the circumstances weakens your application by impacting on your funding and accomodation - these are primary aspects of the immigration rules as many posts on this forum attest to.

Good luck

[BG101]

Thanks for all your help and advice so far.

I have one more question for now though ...

When the new passport is issued, my wife will write to the BHC asking for them to review the application.

I would really appreciate some advice as to how we should present the letter to maximize the chance of them accepting it ... what needs to be included? ... and should she include her and our daughter's passports with the letter?

My thoughts are along the lines of "I am writing to request a review of our Visa applications, as advised by the Entry Clearance Officer (name?) during our interview." Trouble is we're not sure what else to put and don't want to talk to up our chances at this stage, since this is as far as I can see, our final opportunity to get the decision overturned, if indeed it is still possible. We don't want them to pull the rug from under our feet again!


Maybe a PM might be more appropriate than an open posting on this one



Many thanks
BG

[BG101]

Latest update:

Had a reply from the Home Office, via our MP.

My wife was indeed entitled to an appeal, despite having only been verbally told this at the "interview" and having been given no forms for this, and the refusal letters dated 2 days prior to the interview stating that there was NO right of appeal "but she can re-apply".

The reason stated by the Embassy, as reported by the Home Office, was that she had not provided sufficient evidence of her identity/ nationality, in the form of a passport.

They also stated that the embassy had reviewed the decision and found it "to be correct in accordance with immigration rules" at the time of the decision. This is despite the fact they had not given her a chance to apply for a new passport before conducting the review. However they also stated that a new application can be made at any time, which will be considered on its own merits "but the original issue must be addressed". At least this means we don't have to wait for a year before re-applying, as stated on their website.

Our MP has promised to write a letter in support of our application, stating that she is satisfied that my wife and daughter will be adequately supported.


There is a problem however. As we now require a new application to be made, we will need to submit new bank statements etc.

Unfortunately in the interim due to the cost of keeping in touch (approx £200 per month), myself travelling to Kenya this month to be with my family, and having to send money to support them, my current account has suffered accordingly and (due to lack of timely intervention on my part) has dipped approx £30 into the red during my trip to Kenya this month plus a couple of other instances in recent months (I do have an overdraft allowance) - I have now transferred funds from savings but it means that in order to provide the required six months' worth of bank statements we now have to wait until March 2006 before the application can me submitted. There is absolutely no point in submitting any statement showing an overdrawn balance since the ECO will simply refuse on grounds of financial insolvency. One of my mum's friends had a visa for their mum to visit (for 6 months) refused on the grounds that the ECO did not accept that the couple could support her, despite the fact that her and her husband were earning in excess of £80k between them.

We do have family members who are offering to act as sponsors, but surely it is my bank balance, and financial capabilities, which will be the main focus of their enquiries, since we will be expected to be self-sufficient. I know we will be, without the added burden of huge phone bills, travel costs and poor exchange rates when sending money (trying to run two households) but will they even bother to take this into account, or will they just look at the bottom line and rip up the application?


Any advice/experience on this will be much appreciated, since we really do not want to be apart for another six months but as I said, there is no point in submitting an application which will have no chance of being accepted.


As a further note, BOTH passports, my wife's AND our daughter's, have been stamped by the embassy so this means our daughter will also need a new passport. This is hardly a fair thing to do to an innocent child. Surely if they did not deem my wife's passport to be a valid document why would they stamp it anyway? Would a court add penalty points to a supposedly fake driving licence? Seems very odd to me. They did not even bother to check the validity of her passport with the immigration office first before making their decision - it was subsequently proved by the police after the event.

Many thanks for your advice so far and I hope I have something more positive to report in the very near future.


Best regards
BG

[Chess]

You dont have to show bank statenments only; you can show salary slips...

there is no harm being overdarwn so long as the account was active showing income and expenditure; although you should also include your savings account sattements


you can show a predicted income/expenditure plan for the next 12 months showing that you can support your wife and step daughter..


All in all, an overdrawn Bank account is not a show stopper

[sreeni]

phew!! and here was me getting worried john , as my bank balance has dropped from 6000 to 1000 , the cost of tickets and spending money for me and my wifes trip to india.