Settlement visa for stepson - refusal

[Petem]

My stepsons settlement visa has just been refused today 03/11/2017

Timeline:
Application date: 5 May 2017
Bio-metrics Submission: 5 May 2017
Supporting Documents to Sheffield: 17 May 2017
Email Notification from Sheffield (application received): 10 May 2017
Supporting Documents tracked to Sheffield: 17 May 2017
Supporting Documents returned: 31 May 2017
Email “not straight forward”: 27 Jul 2017
MP contacted 8 Sept 2017 – Email confirmation 8 Sept 2017
MP contact made with HO 11 Sept 2017
Email response to email, contacted HO “complex nature of the case, paperwork must be in order before a decision can be reached” wait till end of Nov if no decision made
Email ”Due to it being our busiest period…. We aim to make a decision before 31 Oct 2017”: 26/09/2017
Email “We wrote on 25….We are still working on…. Continue to update you”: 30/10/2017
EMS (Text) decision made 02/11/2017
No mail regarding decision made
Passport returned with refusal 03/11/2017 182 work days from 5 may 2017

Wife – Chinese - UK EEA Residency Card Valid until Oct 2020
No contact made to Family or work

[Petem]

Third try, I hope there are three?

[CR001]

What was the reason for the refusal for the child settlement visa?

I am going to garner a guess and say it is because his mother is not on a settlement visa and therefore he does not qualify for one either. You should have applied for a family permit.

However, based on your previous post last year, you stated your wifes' ex had custody of the child. For child settlement visa (if your wife held a settlement visa), your wife would have had to provide evidence of sole responsibility.

eea-route-applications/eea-family-permi ... l#p1420775

[CR001]

I have removed one of the images as it contains your wife's full name. Please only upload documents where ALL personal information has been black out.

[Petem]

What I cannot understand is:
1. Application was not the 13 April, and not made under human rights claim?
2. I was the sponsor who sent the relevant payslips etc yet no mention of this, rather they refer to my wife as the sponsor?
3. At the time of application he was in boarding school, this was confirmed by school letter and weekend home address was given in supporting letter from wife.
4. What evidence of communication can you supply when you live with someone?

[CR001]

Where does the child live?

Where did you submit the application?

Your wife as the mother would be the 'sponsor'. The child cannot apply for a different visa category to what his mother has. The child only qualifies for a settlement visa is the mother has a settlement visa, which your wife does not.

[Petem]

I have removed one of the images as it contains your wife's full name. Please only upload documents where ALL personal information has been black out.

I thought I uploaded three but you removed one while still uploading, I did not realise this and corrected it, can you delete it and I start again?

[Petem]

[Petem]

What was the reason for the refusal for the child settlement visa?

I am going to garner a guess and say it is because his mother is not on a settlement visa and therefore he does not qualify for one either. You should have applied for a family permit.

However, based on your previous post last year, you stated your wifes' ex had custody of the child. For child settlement visa (if your wife held a settlement visa), your wife would have had to provide evidence of sole responsibility.

eea-route-applications/eea-family-permi ... l#p1420775

I appreciate we may not have fully satisfied sole responsibility (at the time of application they were reasons) I note your link to one in a conversation, however the general agreement further down is that as my stepson did not live with us in Germany then he is excluded from the SS route. am I to believe that we now cannot get him to join us under national immigration rules unless my wife now starts the settlement route?

Son was kept in Chinese school as we did not want him to have to learn two languages
Since June he has stayed with wife during application period
Presently not at school as he cannot join Middle school in shanghai due to CN laws (would have to return to home town)

[CR001]

I appreciate we may not have fully satisfied sole responsibility (at the time of application they were reasons) I note your link to one in a conversation, however the general agreement further down is that as my stepson did not live with us in Germany then he is excluded from the SS route. am I to believe that we now cannot get him to join us under national immigration rules unless my wife now starts the settlement route?

Sole Responsibility (click)

Did you miss Obie's response in your previous topic??

eea-route-applications/eea-family-permi ... l#p1416068

There is no where in regulation 9 that mentions it application is only confine to spouse. If you are correct, that will be absurd. As a non EEA child will essentially be refused, and Eind will be meaningless.

There is also nothing in the regulations that state family life must have been created between children in the other memberstate.

[Petem]

I appreciate we may not have fully satisfied sole responsibility (at the time of application they were reasons) I note your link to one in a conversation, however the general agreement further down is that as my stepson did not live with us in Germany then he is excluded from the SS route. am I to believe that we now cannot get him to join us under national immigration rules unless my wife now starts the settlement route?

Sole Responsibility (click)

Did you miss Obie's response in your previous topic??

eea-route-applications/eea-family-permi ... l#p1416068

There is no where in regulation 9 that mentions it application is only confine to spouse. If you are correct, that will be absurd. As a non EEA child will essentially be refused, and Eind will be meaningless.

There is also nothing in the regulations that state family life must have been created between children in the other memberstate.

https://www.gov.uk/family-permit
you can make a ‘Surinder Singh’ application after living in another EEA country with a British family member

I cannot seem to find the document at this moment but prior to application I saw a statement under SS route that only Direct family members that lived in the country (Germany in my case) can apply.
I consider my stepson to be a direct family member. will search and post shortly