Tier 1 Dependent Visa rejected - Help please

[GBM]

Hi

I am in UK since Dec 09 on Tier 1 Visa. My wife and kid are in India. My wife is unable to join me at present due to domestic commitments - she needs to take care of her ailing father. But we want to bring our son to UK so that I can take care of his education. My wife does not work in India

We applied for my son's visa from Chennai VFS. My wife signed my son's application form and I had sent all other documents to them. However, the visa is now rejected stating the following

You have failed to provide any evidence of your mother's whereabouts or that your father has sole responsibility of your upbringing.

We now have the right to appeal. Please can someone help by advising us what we need to provide as evidence of mother's whereabouts or that I am solely responsible for my son's upbringing

Thanks in advance
mgb

[Greenie]

The relevant part of the rules that your child has been refused under is as follows

See Immigration Rules para 319C

(f) Both of the applicant's parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant, unless:

(i) The Relevant Points Based System Migrantis the applicant's sole surviving parent, or

(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant's upbringing, or

(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant's care.

Given that your wife is still alive and you don't appear to have sole responsibility for your child, you need to show that you satisfy paragraph (iii) above.

Did you provide evidence evidence of your wife's whereabouts and the reason why she was not travelling with your child (i.e. her father's ill health)?

[GBM]

Hi Greenie

Thank you for your reply. I did not provide any evidence along with the application form. However, my wife was present at the time of application and conveyed the same.

Will a medical certificate on my father-in-law's ill health and a letter from my wife stating her inability to travel now help in seeing the appeal through?

Thanks
GBM

[Greenie]

Firstly I don't think you are going to be able to show you have sole responsibility for your child if you and your wife are still together and your child is currently living with your wife. Sole responsibility is not just about financial support but emotional support.

I think therefore in your case you would need to show that there are "serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant's care."

This is quite a hard test to meet.The guidance says that your child's circumstances should be exceptional when compared to the situation of other children in your country. It can be simply that your child would have a better life or education in the UK.

Your circumstances could meet this requirement but you need to provide evidence of your father in laws illness as well as your wife's involvment in looking after him and the effect on your child of not being with you.

You should read the IDI on Children.

Although it doesn't refer specifically to applications from children of PBS migrants, it appears that they may have just not updated the guidance to include this category as the wording is the same/similar for other categories. (I may be mistaken on this but I cannot find an IDI specifically related to children of PBS migrants and the PBS dependent policy guidance does not cover this issue)

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[chandu1234]

is your wife have the visa..if not apply first for herself and then for u r child.


otherwise you need to show/prove for
<"serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant's care." >

UKBA requires strong evidence on that one.