Tier1 (General) dependent visa refusal of my 4 month baby...

[cvidyarthi]

Hi All,
I am in uk currently on Tier1 visa and I applied (My wife actually- Already visa stamped same as mine) for dependent visa for my 4 month old daughter in India in first week on June (01-06-2010). Her visa was got refused on the ground that I havn't submitted any evidence to show that my wife also has entry clearance to the UK.

According to the refusal statement "You should have to provide satisfactory evidence that both of your parents have been granted entry clearance or leave to remain at the same as you (applicant) ". (Paragraph 319H (f) of HC 395 as amended).

I have been through the 319H (f) and found that they discuss about this rule but never asked explicitly to produce any relevant document either in the PBS dependent Policy Guidance or in VAF10 form check list.

If this could be the point of visa refusal then must have been mentioned to produce satisfactory evidence in the VAF10 form or in PBS dependent Policy Guidance.

They have send the form to appeal with Notice of Decision (refusal of entry clearance) to appeal.

Can any one suggest whether it will be beneficial to make an Appeal against decision or just to reapply for visa again?

I would also like to know the mandatory/required document checklist for my baby dependent visa in case I reapply.

Can any one suggest please................. ????


below is the list of document i submitted on the time of visa application

1. Main applicant passport Visa stamped page and other pages.(A copy of the pages from the main applicant’s passport
showing their permission to stay, if they are already in the
UK.)
2. 3 Month bank statement
3. Company letter
4. Self sponsorship letter
5. Address proof
6. baby DOB certificate (Evidence of your relationship to the main applicant)
7. Passport size phot
8. Fee.


regards,
CKV

[[iD]]

Hi All,
I am in uk currently on Tier1 visa and I applied (My wife actually- Already visa stamped same as mine) for dependent visa for my 4 month old daughter in India in first week on June (01-06-2010). Her visa was got refused on the ground that I havn't submitted any evidence to show that my wife also has entry clearance to the UK.

According to the refusal statement "You should have to provide satisfactory evidence that both of your parents have been granted entry clearance or leave to remain at the same as you (applicant) ". (Paragraph 319H (f) of HC 395 as amended).

I have been through the 319H (f) and found that they discuss about this rule but never asked explicitly to produce any relevant document either in the PBS dependent Policy Guidance or in VAF10 form check list.

If this could be the point of visa refusal then must have been mentioned to produce satisfactory evidence in the VAF10 form or in PBS dependent Policy Guidance.

They have send the form to appeal with Notice of Decision (refusal of entry clearance) to appeal.

Can any one suggest whether it will be beneficial to make an Appeal against decision or just to reapply for visa again?

I would also like to know the mandatory/required document checklist for my baby dependent visa in case I reapply.

Can any one suggest please................. ????


below is the list of document i submitted on the time of visa application

1. Main applicant passport Visa stamped page and other pages.(A copy of the pages from the main applicant’s passport
showing their permission to stay, if they are already in the
UK.)
2. 3 Month bank statement
3. Company letter
4. Self sponsorship letter
5. Address proof
6. baby DOB certificate (Evidence of your relationship to the main applicant)
7. Passport size phot
8. Fee.


regards,
CKV

In my knowledge there is no such requirement. They might ask for mother's consent on her baby applying for the visa but that's about it.
I say go for the appeal as this decision doesn't make any sense. Plus they can easily check their system for your wife's visa.

[Niranjani]

Hi,
I also have the same issue like yours.So please let me know is your appeal favoure to you.
Please reply ASAP.

Thanks
Niranjani

[cvidyarthi]

Hi There,

I didn't go for appeal as I didn't want to go in unwanted and unexpected hassel created by immigration department. I was eagerly waiting to reunit with my family. If you want to go for appeal then you must have to be ready for long wait for any outcome. It could be one month to one year as well.... but you don't know what will come at last.

I know, if you have the same case as I had... you can go for appeal as you case could be very strong. But rahter I will suggest to reapply with all document ready... If you need I can suggest with all document required to reapply.

thanks
CVidyarthi

[nineteen]

Hi one of family freind has same issue?
Have you submitted your wife passport photocopy and consent letter?

I think if you submit both parents passports, then it wont be a problem.

thanks

[Niranjani]

Hi,
If I appeal with mother and fathers Visa will it work.Please let me know.

Thanks
Niranjani

[maximux79]

Hi,
If I appeal with mother and fathers Visa will it work.Please let me know.

Thanks
Niranjani

Hi all, I'm on the same situation. My daughters visa was denied saying I didn't submit mothers visa proof.

I have appealed against the decision as I don't want my daughter to explain her visa refusal throughout her life whenever she applies visa to any country. I've sent the appeal application yesterday. Will update once I hear from them. Hoping to get the result in 1 month.

Experts please advise.

Thanks

[Rucha Hazarika]

I had the same case where my son's visa was refused becuase:
1. I submitted my husband's visa copy who is the primary applicant but did not submitt my visa and passport copy.

2. One of our bank statements was a internet printout but was not stamped by the bank or accompanied by a letter from the bank

I appealed on 14th October in which I submitted the original bank statement and mother's passport copy with the visa page.

I found out on 26th nov that my application has been sent to the UK. They did not over turn it here in BHC Delhi. Iam not sure why it wasn't overturned.

Iam now re-applying on 10th Dec.

[maximux79]

Hi Rucha, You mean to say that you haven't got the result from Homeoffice regarding your appeal?

All appeal decisions have to be made in UK. So, as per your update they have forwarded the application to UK on 26th Nov, after appleaing on 14 oct?

I ve forwarded the application to UK directly. Its been 10 days now. Not sure how long will it take..

Any idea from other members?

Thanks

I had the same case where my son's visa was refused becuase:
1. I submitted my husband's visa copy who is the primary applicant but did not submitt my visa and passport copy.

2. One of our bank statements was a internet printout but was not stamped by the bank or accompanied by a letter from the bank

I appealed on 14th October in which I submitted the original bank statement and mother's passport copy with the visa page.

I found out on 26th nov that my application has been sent to the UK. They did not over turn it here in BHC Delhi. Iam not sure why it wasn't overturned.

Iam now re-applying on 10th Dec.

[geriatrix]

See also Non-settlement appeals lodged at Post and Non-settlement appeals lodged in the United Kingdom.


regards

[maximux79]

Thanks for these links sushdmehta...

See also Non-settlement appeals lodged at Post and Non-settlement appeals lodged in the United Kingdom.


regards

[rupinder]

Hello, can any one tell me the outcome of the appeal following refusal of Tier 1 PBS dependent, i have same case. help will be highly appreciated.

Thanks

Hi,
If I appeal with mother and fathers Visa will it work.Please let me know.

Thanks
Niranjani

Hi all, I'm on the same situation. My daughters visa was denied saying I didn't submit mothers visa proof.

I have appealed against the decision as I don't want my daughter to explain her visa refusal throughout her life whenever she applies visa to any country. I've sent the appeal application yesterday. Will update once I hear from them. Hoping to get the result in 1 month.

Experts please advise.

Thanks