REFUSAL LETTER

[ben1211]

Hi,


my spouse and i have recently had a baby daughter. I am British citizen and she is from Sierra Leone. UKBA sent us an I96 form asking for the reason why she should be considered to stay. We sent the form and we received a refusal letter given the following points.

1. the baby is to young to learn her new surrounding and it wont affect her to leave the UK.

2. I had previous gone to Holland to try and settle there and they are not convinced i want to stay in the UK

However we have the right of appeal and we have to submit it in 14days time.


Any Advice ???

[Obie]

That is an outrageous refusal, what is your nationality, and why do they think you will not be in the UK?

You child is British i guess.

[Casa]

What category of visa application did you submit?

[ukswus]

How do rhey know you tried to settle in Holland? Do you have some kind of permanent resident stamp in your passport?

[ben1211]

My Nationality is UK Citizen. There are no permanent residency stamp on my passport. I once traveled to Holland to exercise my EU right by study dutch.

Kind Regard

[Obie]

Have you filed the notice of appeal?

I guess your child born in the UK is also a British Citizen? Right?

[ben1211]

Yes i Have filed an appeal. Yes my Child is British and i will be applying for her passport this week.

[Obie]

Probably would have helped if you had the child's passport and make a proper application, then the outcome may have been different.

[ukswus]

You are saying there are no stamps in your passport implying you wanted to settle in Holland. I think this is key, because one of their main arguments is that you don't plant to live in the UK. Hence I rephrase my question: how did they know that you studied in Holland? Did you tell this to them? Why did they assume that studying in Holland means wanting to settle there?

[ben1211]

When I applied for the eea application I submitted a letter and certificate to home office showing I was in Holland.

[Casa]

Did you submit an application under Surinder Singh for an EEA2 permit? Which is why I asked what category of visa was refused and you haven't yet answered this.

[ben1211]

Yes it was under eea2 surinder sinhn and it was for 5 years residence for my partner. how ever ukba did not accept it BCUz of learning dutch or studying is not under the guide limes.

[Casa]

How long were you resident in Holland before submitting the EEA permit application? This route has become tougher and in order to succeed you would have to show that you had transferred the 'centre of your life' to the EU state. What evidence did you submit to support the application apart from studying there? i.e rental contract, registration with the Dutch authorities?

[ben1211]

Just registeration with the Dutch system. I was there for about a month. Anyway they said they won't give her becuz I had previously left the UK to settle down. so now we have to go to tribunal.

[Casa]

You'll be extremely lucky to overturn the decision. Only one month in an EU state with a very brief period of study even with local registration won't demonstrate that you 'moved the centre of your life' there. In order to succeed with the Surinder Singh route you would need to be resident for at least 6-12 months.

[ben1211]

You seem to be missing the point. to make things very clear we didn't win anyway. However ukba sent my spouse I96 form asking her to disclose any reason why she should still be in the country. We filled in the form and sent it.


We got a reply outlining all the applications we have done and we where refused on the grounds of me previously attempting to use the EEA2 route.

Also we where refused on the grounds of the child who happens to be British wont noticed the environment change(in other wards they don't care about the child's up bring etc...)

[Casa]

With respect, I haven't missed the point. Can you clarify what refusal you are considering appealing? The EEA Surinder Singh application? Or have you also submitted an application under another category?

[ben1211]

As far as I am concern it was eea singder application. However I received a letter today saying they are considering my spouse human right application and we don't need to take any action regarding the pervious decision.

What do you think and how long ?

[ben1211]

As far as I am concern it was eea singder application. However I received a letter today saying they are considering my spouse human right application and we don't need to take any action regarding the pervious decision.

What do you think and how long ?