Advice Please - Dependent visa rejected.

[reji79]

Hi friends,

I need an urgent advice.

My two month old daughter's Tier 1 dependent Visa rejected.

The following is the reason stated in the refusal letter

"You wish to join your father who has been issued a visa as a Tier 1 General Migrant. However, you have provided no documentary evidence that your mother is present legally in the UK or has applied to accompany you as a dependent. Under paragraph 319H(f) both parents must be present in the UK or both seeking entry at the same time of your application"

My wife was with me in UK for nearly 1.5 years as a dependent and now she is in India to have the baby. Once have the baby, my wife applied for the Tier 1 dependent visa for the baby. We have submitted all the necessay documents including copy of mother's passport with UK visa on it. Also the house rent agreement which has her name on it. I guess these are more than enough to prove that she is legally present in the UK.

So I am not sure why the visa is rejected.

Now I am in dilema that if we appeal against the decision that will take few months and we can't wait that long.

The other choice for is to reapply by paying another Rs56500.

Any advice on this matter highly appreciated.

thanks
Joseph

[geriatrix]

We have submitted all the necessay documents including copy of mother's passport with UK visa on it. Also the house rent agreement which has her name on it.

IMHO, a decision in error by the caseworker. You should appeal.

Do explain / state that these evidence(s) were provided with the initial application, and that the mother of the child was in home country only temporarily and for the purpose of child birth.


regards

[reji79]

Thank you for the reply.

I wanted to appeal against this decision. But the issue is the long waiting time for the appeal. I heard it will take 4 - 9 months for the decision.

So we can't wait that long as we have already made plans and arrangements for the child. Also I've booked my holidays and tickets to India to bring the mother and child to UK. Now cancelling all this will be pain and loss of money.

So I guess the only option for me now is to reapply with more supporting documents and pay the fees of 56000 again.

What do you think?

[bani]

Thank you for the reply.

I wanted to appeal against this decision. But the issue is the long waiting time for the appeal. I heard it will take 4 - 9 months for the decision.

So we can't wait that long as we have already made plans and arrangements for the child. Also I've booked my holidays and tickets to India to bring the mother and child to UK. Now cancelling all this will be pain and loss of money.

So I guess the only option for me now is to reapply with more supporting documents and pay the fees of 56000 again.

What do you think?

Yes, pay the fees again. Include a copy of your wife's return ticket to the UK, copy of your own ticket to pick up the family in India.

Also, write a cover letter explaining that the wife is only in India for the birth (explain why you wanted her to have the child there, such as extended family support etc) and that she is returning to the UK where you will both raise the child. Sometimes, these things need to be stated in a cover letter or the caseworker just makes the wrong conclusions.