Post
by Frontier Mole » Sun May 12, 2019 1:02 am
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.