Refugee Family Reunion (UK)

[Rubabakhtar5]

I applied refugee reunion visa for my children, but unfortunately, ECO refused visa applications suspecting that my children were not part of my family unit when I left my country. I provided with photographs, contact details and letters from schools. My children are living with my mother since 2011 and she is caring for them.
if someone has knowledge or exprience, plz help getting this issue resolved. Plz guide me which documents should I provide?

Regards

[Suhnin]

Did u summit DNA? Any reason for refusal?

[vinny]

See also caselaws.

[Obie]

If the children where not part of your family unit, which family were they pare of, according to them.

[Rubabakhtar5]

I applied for my children Refugee Reunion Application under 352D of immigration rules. Children ages are 8 years,10 years and 14 years. ECO refused applications under 352D(iii) "the child is not leading an independent life, the child is not married, in a civil partnership or formed an independent family unit".
I have been remained in constant contact with my children and also sending them money. I was also in contact with children schools, teachers and carer/guardian(children are living with their grand mother).
How can I rebut it in the court?
If you have any authority, experience or any material plz share with me.
Especially I request qualified professionals plz.

[Rubabakhtar5]

"352D (iii) ?

[Frontier Mole]

Requirements for leave to enter or remain as the child of a refugee
352D. The requirements to be met by a person seeking leave to enter or remain in the United Kingdom in order to join or remain with the parent who currently has refugee status are that the applicant:
(i) is the child of a parent who currently has refugee status granted under the Immigration Rules in the United Kingdom; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) was part of the family unit of the person granted asylum at the time that the person granted asylum left the country of their habitual residence in order to seek asylum; and
(v) the applicant would not be excluded from protection by virtue of paragraph 334(iii) or (iv) of these Rules or Article 1F of the Refugee Convention if they were to seek asylum in their own right; and
(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

In essence the refusal is essentially pointing to the fact that it would appear when you left your home country it was considered that your children were part of a family unit that included your mother. Given the stated ages the oldest has been with your mother as a minimum since the age of 6, the middle child since 2 and the youngest was a baby. So in order to overcome this fact you would have to prove a near impossible amount of control and influence in their lives. You were not there, certainly could not directly instruct their care or make day to day decisions for them.

Were you living with your mother prior to coming to the UK?
What basis did you gain entry under?
When did you claim asylum?
Did you list your children as family members at the time you made either your visa application to come to the UK or at the point of your asylum claim?

The caselaw is not with you and the once presumed family reunion from many years ago has been exercised out through changes in legislation.

[Rubabakhtar5]

I was living with my mother when i left my home country in 2010.
I have in constant contact with my children.
How can I overcome this (352Diii)

[Frontier Mole]

There is no simply solution to overcoming the barriers. The fact that you left your home country while part of a existing family unit that included your mother and you left your children in the care of your mother; it is a near impossible hurdle to clear.

If you look at it dispassionately or from that of say a social worker - what would the position be if young children were taken away from an existing / established family unit and moved to an entirely alien environment with an individual who they have not actually lived with for the majority or all of their young lives? It would not be readily accepted because of the upheaval and wellbeing issues.

You have to present a case where all the above is addressed and show that your essential “abandonment” of your children years ago was reasonable and explainable. The argument that they will be in a better environment and have greater opportunity in the UK are not reasons you can rely on. Nor is it presumed that because you are their mother that that has any particular sway. You have not been their mother figure for 8 years, someone else has.

I am not labelling you as a bad mother or as someone that abandoned their children. I am pointing to the arguments that you will be presented with as the reasons to deny you children’s entry to the UK.