Settlement case tribunal court (confused)

[jazy123]

Hi All,

I am a self-employed. I just want to share my case details & seeking an advice on it. If any one can help me with this will be highly appreciated.

I applied for entry clearance visa (settlement visa) for my wife and three Children’s in November 2009. (the forth one has already got British passport)

On 15 December 2009 the ECO has refused the visas on two bases.

Addition: on 13the December 2009 first child has became 18 years old.

1. maintenance (which was net £195 after deduction for the year end April 2009. & £343 net before deduction for year end April 2010)
2. Accommodation (third party support was not allowed at the time of decision but now allowed (so that is the issue anymore)

I had a tribunal court on the other day and judge had some concern about first child, which was under 18 year at the time of application submission but was over 18 at the time of decision. So the judge said the time of decision is the actual date and said this was ECO error he should not consider his application under the dependant rule.

So what he advised us to go ahead with the appeal for 2 children’s if you wish and He will send the(first child) big one’s application to ECO for reconsideration under independent rule.


And the net income is not enough to support 4 children’s & a couple.

The judge will let us know his decision within 2 weeks.

Could any body advise where I’m and what next step do I have to take.

[vinny]

I had a tribunal court on the other day and judge had some concern about first child, which was under 18 year at the time of application submission but was over 18 at the time of decision. So the judge said the time of decision is the actual date and said this was ECO error he should not consider his application under the dependant rule.

SET7.6 What is the position of children who become 18 before a decision is reached?

[jazy123]

hi vinney, many thanks for your reply and link. this is bit technical could you please explain it. many thanks

[vinny]

27. An application for entry clearance is to be decided in the light of the circumstances existing at the time of the decision, except that an applicant will not be refused an entry clearance where entry is sought in one of the categories contained in paragraphs 296-316 solely on account of his attaining the age of 18 years between receipt of his application and the date of the decision on it.

Application submitted before the age of 18 should not be refused solely on account of his attaining the age of 18 years between receipt of his application and the date of the decision on it. i.e. Application should be considered as if the applicant was still under 18.

So, if the maintenance and accommodation is adequate for all of you, then the appeal should be allowed for all of you.

[jazy123]

my solicitor has told me that it is likely to disallow as the maintenace is not adequate, as the home office representer said you would requird £325.56 after deduction but my net income comes to 280 net. i also had about 10,000 pound saving in account. will that help?

if incase my appeal disallowed do i have to apply again if so what base do i have apply for big child who is now over 18. please advice. thanks

[vinny]

See also Maintenance without recourse to public funds and 3rd Party Support & Accommodation. Did you mention your savings to the judge?

A new application would be more difficult for the 18 year old.

[jazy123]

yes my solicitor has already mention at the end of conversation.