Serious and Compelling Reason

[Ibrothers]

Dear,

Hope you are well.
I am New in this platform. Actually i was looking online and found this. I am on Skilled Worker Visa (Care Home). My husband is already here and he has applied Asylum. He has ARC (Card). He came as a visitor in 2012. Main Story is below and need your valuable Thoughts or opinion.
I applied my both Kids Dependent visa who are under 18. Caseworker raised points of their Birth certificates and relation with me and my husband. I mentioned in their application that my husband has temporary leave and he is in UK. Caseworker asked third question. Please confirm that you father will re apply once his current leave is expired to join you. We provided all documents relating to birth certificates and Relation. also confirmed that father will re apply to join us.
Now, we have received another email from caseworker that

''The UK Decision Making Centre is currently assessing the application submitted by the above named. We are unable to conclude the application at this time as we require additional information.

Your application is being assessed under paragraph SW 32A.1 with reference to CHI3.1 to CHI3.2 of Appendix Children The Immigration Rules require that the applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) unless:

(a) the parent with permission as a Skilled Worker is the sole surviving parent; or
(b) the parent with permission as a Skilled Worker has sole responsibility for the child’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

You have confirmed your father has not made an application for leave to enter the UK as they will remain in (Pakistan). You have also confirmed both your parents have parental responsibility for you.

Please provide any further evidence, information or documents you would like to be considered in line with point (c) above.
Although we have confirmed he will Re apply and join us in UK and he is already in UK. We did not tell he is on Asylum Claim here in UK.

Please give your opinions and how to make it clear for both kids.
Thank you so much for reading this.

[Casa]

Why did you withhold the fact that your husband has claimed Asylum in the UK

[Ibrothers]

The Guy who filled form he mentioned that it is temporary leave. I did not know how to answer about father's related question. What is solution now. I just came here Yesterday and email regarding new documents came today. Please share your opinion for solution.

[Ibrothers]

Any Luck guy to help.....?

[AmazonianX]

Any Luck guy to help.....?

This can not be put to who filled the form, you are liable for your applications even when you engage a solicitor.
May I ask, did you declare the location and situation of your husband during your own application?

[Ibrothers]

There was one question. Does your Partner lives with you. I said no
Then another Question was
Where does he live? I gave his UK address.
There is no more question about husband or husband visa.
I spoke with one solicitor. He said we can tell that temporary visa option was selected misunderstanding of it
Then he said we say husband has applied asylum and his decision is pending. He can not go back bcz asylum case is in progress (also if he goes then he will have 12 months ban)
Third he said we say that both parents are in UK and kids are in back home. So it is serious and compelling reason to grant the permission to come UK as both parents are in UK.

Too much stress and tension now. Looking for valuable advice and seeking here and there in desperate situation and paying advice fees….

[Ibrothers]

any chance of advice as i have to response to CEO on Monday?

[meself2]

The CEO of what? Are you asking on behalf of a firm?

[Ibrothers]

Sorry CEO Mean Caseworker.

[Frontier Mole]

How about the truth, tell the truth because the more you don’t the worse it gets….

[Ibrothers]

Disclosing the father Asylum which he has applied. He has valid ARC Card till mid of February. Will it help them to get visa?

[Frontier Mole]

At some point somewhere along the line someone has not told the entire truth. It is either your husband or you or possibly both. I don’t feel you have fully explained the facts of the overall circumstances and it is highly likely that misinformation or misrepresentation has taken place. How that plays out and who is deemed as making the false representations will determine the outcome of the dependent visas for your children.

The solicitor you has advised you to claim it was a “mistake” frankly needs struck off. As for compelling reasons, that is not going to be readily accepted. You have created the circumstances and there is absolutely no reason for you not to return to your home country. You have essentially abandoned your children to take a job role in the U.K. That was your decision and is entirely reversible.

Based on your post it appears you have not disclosed the true circumstances and if you had done so it was unlikely you would have been granted the work visa. There is a slim possibility that you could have your visa cancelled and removed to your home country on the basis of deception. So be very careful about what you do next.

Find a reputable solicitor, who actually knows immigration law and has a good understanding of the circumstances you currently face. Be honest because any further deception will strengthen the Home Office case against you.

Is it easily resolvable, in my opinion no. I think you are going to struggle to get your kids into the U.K.

[Ibrothers]

I did not hide anything. I was asked about husband i mentioned in UK. To be honest. me and my husband not speaking with each other last two years. When he applied asylum i do not know even kids. When kids dependent visa time came. Kids asked him about Consent that time he disclosed and i told consultant. He said he has short remain leave in UK and put temporary visa. When i came here and came to know that asylum seekers short remain to leave in UK is just protected status not not to remain leave in UK. I am here because of this technical point which i do not know and consultant entered it. I am facing this situation now. Kids told their father and he gave them ARC Card.
If i knew about asylum i would not apply for work visa because kids are most important. i told honestly and still tell honest. i do not want to hide or mislead. what consultant did it was lack of knowledge or information. Such a bad situation that i have to disclose my that as a parents we are not in same page and in contact. Just Pray for my Kids Visa. That is final thing now i think.

[AmazonianX]

No amount of back and forth here helps the situation.

Quoting previous response Find a reputable solicitor, who actually knows immigration law and has a good understanding of the circumstances you currently face.

[Ibrothers]

I can understand and to be honest did not hide anything. Just filled application and no extra covering letter from consultant. Anyway if decision comes negative. Would they be able to come on student Visa? One is going to be 18 in June and other on 16 years old.

[Ibrothers]

My Children Visa has been refused and below is reason. Any way out for me?


You are applying to travel to the U.K to accompany your mother, ........,
your father, ..... is in the U.K currently but has not currently been granted
leave to remain and his current status in the country does not meet the requirements
stated in the rules above as it does not constitute valid permission.
I note that your father has given consent for you to travel to join your mother and that
the emails from your representatives state that he plans to make an application to join
you as a dependant of your mother in the future. However, your father does not
currently have valid leave to be in the U.K and there is no specifics available as to if
and when he will be able to make the required application. Your application states:
‘It is confirmed that the father will make an application for leave to remain once
his sons are granted leave to enter.’
I must make a decision with the facts currently available as applications cannot be held
indefinitely and the rules state that applications must be made at the same time unless
the rules of CHI (a), (b), or (c) apply. I have been shown no legal evidence of sole
responsibility and your parents are declared to be your married parents. I acknowledge
that your father consents for you to travel to join your mother but your application does
not meet the above requirements and I cannot be satisfied that points CHI 3.2 (a) and
(b) apply to your application.
The email states that you have been cared for by your grandparents in your parent’s
absence, it also states that this is not sustainable but I have been provided with no
evidence as to why this cannot continue and I must make a decision with evidence
available. It is also entirely plausible that your father may travel back to join you in
Pakistan when possible to make the intended application, it is stated in your application
that your father plans to make an application to join you and your mother as a
dependant, therefore this application can be alongside you from Pakistan in
accordance with the rules of CHI 3.2. Therefore I cannot be satisfied that your current
level of care is not sufficient and sustainable with family support available In Pakistan.
I am also satisfied that your mother chose to apply for work in the U.K and travel to the
U.K, leaving you in your grandparent’s care, in full knowledge of your father’s status,
and knowing that your application to join her may not be successful. Therefore I do not
believe CHI 3.2 (c) applies to your application as I cannot be satisfied there are serious
and compelling reasons to grant you entry clearance. I am also satisfied that we have
shown evidential flexibility with your application.

[Frontier Mole]

Bluntly no.
The only way forward is for the father to return as stated and return with your sons.

[AmazonianX]

My Children Visa has been refused and below is reason. Any way out for me?


You are applying to travel to the U.K to accompany your mother, ........,
your father, ..... is in the U.K currently but has not currently been granted
leave to remain and his current status in the country does not meet the requirements
stated in the rules above as it does not constitute valid permission.
I note that your father has given consent for you to travel to join your mother and that
the emails from your representatives state that he plans to make an application to join
you as a dependant of your mother in the future. However, your father does not
currently have valid leave to be in the U.K and there is no specifics available as to if
and when he will be able to make the required application. Your application states:
‘It is confirmed that the father will make an application for leave to remain once
his sons are granted leave to enter.’
I must make a decision with the facts currently available as applications cannot be held
indefinitely and the rules state that applications must be made at the same time unless
the rules of CHI (a), (b), or (c) apply. I have been shown no legal evidence of sole
responsibility and your parents are declared to be your married parents. I acknowledge
that your father consents for you to travel to join your mother but your application does
not meet the above requirements and I cannot be satisfied that points CHI 3.2 (a) and
(b) apply to your application.
The email states that you have been cared for by your grandparents in your parent’s
absence, it also states that this is not sustainable but I have been provided with no
evidence as to why this cannot continue and I must make a decision with evidence
available. It is also entirely plausible that your father may travel back to join you in
Pakistan when possible to make the intended application, it is stated in your application
that your father plans to make an application to join you and your mother as a
dependant, therefore this application can be alongside you from Pakistan in
accordance with the rules of CHI 3.2. Therefore I cannot be satisfied that your current
level of care is not sufficient and sustainable with family support available In Pakistan.
I am also satisfied that your mother chose to apply for work in the U.K and travel to the
U.K, leaving you in your grandparent’s care, in full knowledge of your father’s status,
and knowing that your application to join her may not be successful. Therefore I do not
believe CHI 3.2 (c) applies to your application as I cannot be satisfied there are serious
and compelling reasons to grant you entry clearance. I am also satisfied that we have
shown evidential flexibility with your application.

With all advise and opinion, You expected a different outcome?

[Ibrothers]

Bluntly no.
The only way forward is for the father to return as stated and return with your sons.

He is overstay here and if he goes back. he will have to wait for 12 months for return and application.

[Ibrothers]

My Children Visa has been refused and below is reason. Any way out for me?


You are applying to travel to the U.K to accompany your mother, ........,
your father, ..... is in the U.K currently but has not currently been granted
leave to remain and his current status in the country does not meet the requirements
stated in the rules above as it does not constitute valid permission.
I note that your father has given consent for you to travel to join your mother and that
the emails from your representatives state that he plans to make an application to join
you as a dependant of your mother in the future. However, your father does not
currently have valid leave to be in the U.K and there is no specifics available as to if
and when he will be able to make the required application. Your application states:
‘It is confirmed that the father will make an application for leave to remain once
his sons are granted leave to enter.’
I must make a decision with the facts currently available as applications cannot be held
indefinitely and the rules state that applications must be made at the same time unless
the rules of CHI (a), (b), or (c) apply. I have been shown no legal evidence of sole
responsibility and your parents are declared to be your married parents. I acknowledge
that your father consents for you to travel to join your mother but your application does
not meet the above requirements and I cannot be satisfied that points CHI 3.2 (a) and
(b) apply to your application.
The email states that you have been cared for by your grandparents in your parent’s
absence, it also states that this is not sustainable but I have been provided with no
evidence as to why this cannot continue and I must make a decision with evidence
available. It is also entirely plausible that your father may travel back to join you in
Pakistan when possible to make the intended application, it is stated in your application
that your father plans to make an application to join you and your mother as a
dependant, therefore this application can be alongside you from Pakistan in
accordance with the rules of CHI 3.2. Therefore I cannot be satisfied that your current
level of care is not sufficient and sustainable with family support available In Pakistan.
I am also satisfied that your mother chose to apply for work in the U.K and travel to the
U.K, leaving you in your grandparent’s care, in full knowledge of your father’s status,
and knowing that your application to join her may not be successful. Therefore I do not
believe CHI 3.2 (c) applies to your application as I cannot be satisfied there are serious
and compelling reasons to grant you entry clearance. I am also satisfied that we have
shown evidential flexibility with your application.

With all advise and opinion, You expected a different outcome?

Will Sole Responsibility or Sole Custody help? Married life is not ideal and did not have any support from him (Father) last 10 years. This was the reason to come here and unfortunately consultant created this mess....

[Frontier Mole]

Absolutely not - the situation is of your own making as is his. Sole responsibility is irrelevant in these circumstances. Either you return or he does, if not both of you.

You are backed into a corner, your children were left In Pakistan for you to take a job role in the U.K. There is no compulsion for you to be here at the expense of your children’s welfare. Equally there is no requirement for the Home Office to allow your children to join you.

Your choice - remain in the U.K. without your children or go home. In the alternative your husband returns and waits out the 12 months and returns with the children.

[Ibrothers]

Absolutely not - the situation is of your own making as is his. Sole responsibility is irrelevant in these circumstances. Either you return or he does, if not both of you.

You are backed into a corner, your children were left In Pakistan for you to take a job role in the U.K. There is no compulsion for you to be here at the expense of your children’s welfare. Equally there is no requirement for the Home Office to allow your children to join you.

Your choice - remain in the U.K. without your children or go home. In the alternative your husband returns and waits out the 12 months and returns with the children.

If it is through Court Order or Letter OR legal custody from court order?

Also do you think Admin Review can help bcz we used Section 55, Best Interest of Child and Article 8 of Human Rights in our representation?

[Frontier Mole]

I believe you are clutching at straws - remember you chose to leave your children in Pakistan. Little can overcome that point.

No matter what route or what court order you try to obtain, both your children/ near adults have had these refusals based on the information already supplied. You have set the storyline, made the declarations and tried to make a case. It failed, it was horribly flawed and whoever advised you was happy to take your money. The advisor almost certainly knew it would not succeed. This is very standard and basic immigration knowledge for a practicing immigration advisor.

Children can readily be brought as part of a dependent family group. Children are not readily admitted in a single parent scenario as you describe at the best of times. Your case does not meet the criteria for exceptional circumstances nor is it ever likely to.

So you are trying to overturn a mountain of barriers that are simply overcome by you returning to Pakistan. I understand that you want to be able to bring your children but the law is simply not with you.

I cannot see any possibility of success by Admin Review, there is no mistake by the caseworker.

[AmazonianX]

Absolutely not - the situation is of your own making as is his. Sole responsibility is irrelevant in these circumstances. Either you return or he does, if not both of you.

You are backed into a corner, your children were left In Pakistan for you to take a job role in the U.K. There is no compulsion for you to be here at the expense of your children’s welfare. Equally there is no requirement for the Home Office to allow your children to join you.

Your choice - remain in the U.K. without your children or go home. In the alternative your husband returns and waits out the 12 months and returns with the children.

If it is through Court Order or Letter OR legal custody from court order? With the records Home zOffice has for you and how things got bungled up from your end, hold out the slimmest chance if you pursue anything other than your spouse going back and applying along with them.

Also do you think Admin Review can help bcz we used Section 55, Best Interest of Child and Article 8 of Human Rights in our representation?

Best interest of the child? Did you read through the reasons for refusal HO gave you?

[Ibrothers]

[quote=Ibrothers post_id=2140691 time=<a href="tel:1702682658">1702682658</a> user_id=282252]
[quote="Frontier Mole" post_id=2140690 time=<a href="tel:1702681910">1702681910</a> user_id=27481]
Absolutely not - the situation is of your own making as is his. Sole responsibility is irrelevant in these circumstances. Either you return or he does, if not both of you.

You are backed into a corner, your children were left In Pakistan for you to take a job role in the U.K. There is no compulsion for you to be here at the expense of your children’s welfare. Equally there is no requirement for the Home Office to allow your children to join you.

Your choice - remain in the U.K. without your children or go home. In the alternative your husband returns and waits out the 12 months and returns with the children.

If it is through Court Order or Letter OR legal custody from court order? With the records Home zOffice has for you and how things got bungled up from your end, hold out the slimmest chance if you pursue anything other than your spouse going back and applying along with them.

Also do you think Admin Review can help bcz we used Section 55, Best Interest of Child and Article 8 of Human Rights in our representation?
[/quote]

Best interest of the child? Did you read through the reasons for refusal HO gave you?
[/quote]

Absolutely not - the situation is of your own making as is his. Sole responsibility is irrelevant in these circumstances. Either you return or he does, if not both of you.

You are backed into a corner, your children were left In Pakistan for you to take a job role in the U.K. There is no compulsion for you to be here at the expense of your children’s welfare. Equally there is no requirement for the Home Office to allow your children to join you.

Your choice - remain in the U.K. without your children or go home. In the alternative your husband returns and waits out the 12 months and returns with the children.

If it is through Court Order or Letter OR legal custody from court order? With the records Home zOffice has for you and how things got bungled up from your end, hold out the slimmest chance if you pursue anything other than your spouse going back and applying along with them.

Also do you think Admin Review can help bcz we used Section 55, Best Interest of Child and Article 8 of Human Rights in our representation?

Best interest of the child? Did you read through the reasons for refusal HO gave you?

Yes i have read the Refusal and that is way i asking looking way for them. Wrong representation put me in trouble as i am struggling for them without father help and support. Job looks difficult in tense situation.
Yes i read the refusal but there are Article 8 of the ECHR, Section 55 of the borders citizenship and immigration act 2009,
Current guidance from “Dependent family members in work routes Version 12.0”, reads:-

“As with all decisions involving children, you must consider the best interests of the child and your safeguarding responsibilities in the spirit of s55 of the Borders, Citizenship and Immigration Act 2009, in particular that the parent who is not coming to the UK has given their written permission and that care arrangements are suitable.”

Above paragraph was also mentioned in reply to Caseworker.

What are the best interests of the child immigration case law?
In the Supreme Court decision, Lady Hale held that the best interests of a child must be considered first before going on to consider whether other factors might act as differing considerations – such as the need to maintain immigration control or the parent's poor immigration history.

Above judgement is from a Supreme Court in the best interest of Child