Visa for Child Student Dependant

[hackerman]

"Here is my new case" .... What complicated is my life here

I thank in advance to everybody who can advice me in this issue.

I have already one year as student in the UK. I moved from Spain last year, therefore I didn't apply for my Son as dependant yet. Now when I have stability (scholarship, part-time job, living by my self) I try to bring my son with me here.

My son is 7 years old, I have the legal custody since he was 2 years old and his mum abandoned him completely. I applied for him and my mother last Christmas in Colombia (so we are Colombians) to spend vacation. They were refused due to lack of incomes from my mum, therefore my son was also refused. In that refusal the embassy misspelled "grandmother" as "mother", referring my mother as the mother of my son.

After that I have applied 3 more times but the last two only for my son as "Child student dependant" Tier 4. Previous to the last application, the embassy argued I had mistake in the form, therefore refused. I had to apply again and pay again of course. However, the last application has been refused again.

The last refusal cites the 319H paragraph of immigration rules. The embassy acknowledge that my son meets all requirements to have visa except the sub-paragraph f.). This one says that a child can have student dependant visa if both parents are authorized to live in the UK, or the sponsoring parent is the sole legal guardian or there are compelling reason to bring the child into the UK.

The embassy in Colombia states that in 2008 my son applied with his mother to visit me and therefore I am contradicting the statement that his mother abandoned him and I am the sole legal guardian.

As you can see, the embassy refused my son based on their mistake of saying in 2008 that my mother (who applied with him in 2008) is his mother. Furthermore, I consider the officer negligent since the application contains the same documents, including form, certificates of birth and verdict of his custody. Consequently, there are at least three documents specifying the name and identification of my son's biological mother (who is not my mum of course).

???????????????????????? What should I do now ?????????????????????????

I have spent US$exp^n to much money in this process and I have been finding and losing vacancies of schools for my son. Furthermore, he is all times expectant to come with my since I am his only parent. Evidently, I have no problems with money to support him, appropriate house and job. But I don't find objective reasons for my son to be refused or to apply again and correct the application. I have though to appeal but it takes about 8 moths and I don't know which are the chances to solve the problem in this way. I cannot apply in other country since I don't have job in Spain to bring him there first. I have requested an "Administrative review" of my last application but I don't know how to speed up this process.

I have gotten a PhD scholarship for 4 years and indefinite contract in a company, so my future is here. Therefore, my son should be here instead of being with his grandmother.

Kind regards and thanks a lot!!

[vinny]

Did you write a letter explaining their error?
No harm in appealing.

[hackerman]

Thanks...

Yes I did, but given the circumstances of many refusals and my own experience of been refused in that embassy for my won application, I am hopeless and I don't know what coherent procedure to do.

Here is a draft of the administrative review request ...

***************************************************************
Embassy refusal: "I am satisfied that your application meets the requirement of the sub-paragraphs a),b),c),d),e),g) and h) of the paragraph 319H of the immigration rules. However I have refused your visa application in this occasion because I am not satisfied you have met the requirements detailed below. I am not satisfied that that both your parents have been admitted to remain in the United Kingdom, or the parent you are about to join has had sole responsibility for your upbringing. I am also not satisfied that there are serious and compelling family in other considerations which make your exclusion from the United Kingdom undesirable."

My response:
My son also does meet the requirements of the sub-paragraph f) of the paragraph 319H of the immigration rules. Specifically, My son meets requirement f)-ii); According to verdict of the court, "I am" the sole legal guardian and responsible parent for the upbringing of the minor. This has been already supported in the application by providing the full copy of the verdict, certificate of birth of My son and copies of bank transfer of funds during last year for his maintenance. The sub-paragraph f)-iii) is also satisfied; My son is under only one parent custody, who lives and sponsors him to come to the UK, which proves compelling reasons to be in the UK with his only parent. The house has been found as part of the project to bring him and the school has been found in the neighbourhood. These arrangements as well as the stable economical support prove that My son is expected in sane and comfortable place to grow happy and without causing additional loads for anybody.

Embassy refusal: (they answer is to My son and not to me!)
"We have however noted that in November 2008, you and your mother applied together for visitor visas for the purpose to travel together in order to visit your father in the United Kingdom. This information contradicts the statement that your mother left you in 2002 after your birth. We are therefore satisfied that your mother is involved in your life and that your father in the United Kingdom does not have sole responsibility for your upbringing."

My response:
My son has submitted a certificate of birth and a full copy of the documents of the court. These as well as the application form, state that Mrs JM with Colombian Passport ## is the biological mother of My son. Mrs AL is his Grandmother as it has been specified through my own birth certificate in the application here referenced from November 2008. In November 2008, My son applied to visit his father for Christmas with his Grandmother Mrs AL, who is my mother. My son did not apply with his biological mother, Mrs JM. Therefore, this judgement has been based on a misunderstanding of the identity of My son's Grandmother as Mother. This information does not contradict the statement that Mrs JM, mother of my son, has left him in 2002. This information is also supported by the legal custody document from the court. Furthermore, the birth certificate of my son has been amended by verdict of the court in order to state the fact of I am the sole legal guardian.

Consequently, the embassy has misjudged the identity of the mother of My son, the involvement of his mother in his life and the legal custody grunted by the court to my self, father of my son.

[troyguy21]

Please why can't you appeal with these explanation and documentary facts

[hackerman]

How long does it take to appeal?

A lawyer told me it is about 8 months and I have waited for my son already 10 months since first application

[troyguy21]

How long does it take to appeal?

A lawyer told me it is about 8 months and I have waited for my son already 10 months since first application

It depends I think. I know of someone who's old mother UK family visit visa application was refused but it was appealed from the UK and was successful. It only took about 5 weeks.

[hackerman]

Do I need lawyer for this process or I can do it on my own?

[troyguy21]

Do I need lawyer for this process or I can do it on my own?

This is something you should be able to do yourself. You just need to explain yourself like you did here in the thread with documents to back it up. I can't see any complexity in this case

[hackerman]

Look at this comment from embassy about my Right to Appeal...

your application does not attract a full right to appeal under section 82(1) of the nationality, immigration and asylum act 2002. your right to appeal is limited to any or all of the grounds referred to in section 84(1)(b) and (c) of the nationality, immigration and asylum act 2002 namely:

(b) the decision is unlawful by virtue of section 19B of the race relations act 1976 (c. 74) (discrimination by public authorities);

(c) that the decision is unlawful under section of the human rights act 1998 (c. 42)(public authority not to act contrary to human rights convention) as being incompatible with the appellant's convention rights.


?????????? Which rights do I have then ????????????????

[vinny]

Then request an Administrative Review. If it fails, then it's either a new application or JR.