Need Help: Daughter Visa Refused at New Delhi (Urgent)

[AJCapri]

Hello All,

I am working in the UK from March 2010 on Tier 1 (General) Migrant Visa. My wife and daughter applied for Tier 1 dependent visa at New Delhi in May 2010.

My wife had received a call on her mobile from VFS regarding original birth certificate of the daughter. She had clarified that the original birth certificate is with the school (as per school policy) and the principal of the school has provided letter which she has provided with the application. VFS executive said she will convey this to the ECO officer.

After that two days back my wife received her visa stamped however my daughter's visa was refused on the grounds that original birth certificate was not provided.

The reason of refusal on Notice of Immigration Decision is stated as: "You have not submitted original birth certificate to show the relationship between you and parents. Because you have not submitted original birth certificate we can not be assured that you are related to your parents as claimed.

Your application is refused under paragraph 319 H (b) of the immigration rules.

I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all the requirements of the above paragraphs(s) of the immigration rules."

Further they have mentioned that we are entitled to appeal against the decision under section 82(1).

Just to clarify we could not provide original birth certificate because it has kept by school as per school policy. We had got issued a letter from the principal of the school which we had attached with the application. I agree that the letter had only mention of date of birth of the child and not parent’s name.

We are in the process of get issuing Duplicate Birth Certificate and as well as try to get it back from the school (If possible)

My question is should we appeal against the decision or should we re-apply?

If you suggest re-apply can we apply at different embassy than New Delhi in India? My wife no longer stay in Delhi and shifted to native place. She has already resigned from her job in Delhi and daughter has received Leaving certificate from school. (As they were completely ready to join me in the UK)

Please help us.

[gidoc]

The only way will be to appeal and provide an original birth certificate. You can do that in two ways 1)Have a duplicate issued by local authorities 2)Obtain it from the school
best wishes

[AJCapri]

Thank you gidoc for the reply.

[batleykhan]

You were rightly refused as you failed to provide the original document. Your childs birth certificate is your property , not that of the school or anybody else.

Unfortunately this stupid error is now going to cause you a lot of inconvieniance with the appeal processing possibly dragging out for months.

My advice would be to get original ( nothing less) and send it with AIT2 form and hope the decision is overturned on review in which case your child's visa may be issued straight away. If not be prepared for it to drag 6 months or so.

[mrlookforward]

Now the BHC delhi has jusrisdtiction over north India, you cant apply at other British Posts in India if you live in North India. I come from Delhi, obtaining copies of Birth Certificates is as easy as one two three. You should appeal the decision, and it will be a good idea if you send Birth cert with appeal. There is a good chance that upon seeing the Birth cert BHC will reconsider the decision and grant the visa without going through the whole appeal process.

[AJCapri]

Hi batleykhan

We have managed to get duplicate of Original birth certificate from a council where she was borned in India. An affidavit to translate it into English has also been prepared from the advocate. Is that sufficient? Ya I understand you have said original (nothing less)

If I understand you correctly, you are saying if I re-submit original birth certificate along with IAFT-2 form, is it possible to get it reviewed and visa can be issued before going into Appeal process?

Please explain.

[mrlookforward]

Ajcapri,

Did you read my post? By the way, I didn't make it up.

[AJCapri]

hello mrlookforward

I have seen ur post. Thank you for that.

Can you please explain what do you mean by By the way, I didn't make it up.?

[mrlookforward]

I said it because you are asking batleykhan something that I told you in the previous post already.

[AJCapri]

Yes mrlookforward I got it. Even I read through Appeal process carefully.

Thanks all.