Tier-1 dependent child visa refused, in India with mother.

roomanalisyed · Post by **roomanalisyed** » Mon Jul 18, 2011 2:10 pm

Hello everyone,
I have just joined this forum after my friend suggested to take opinion from you all.
My daughter born in Norwich in Jan and left to India in feb with her mother, as there was marriage in home.
I got her passport from Indian embassy but since time was less did not tried of her visa , thinking that we'll apply while my wife decide to come after some time with her parents.
My wife applied our daughter visa at new delhi vfs on 21 June and we got refusal notice with right to appeal.
I sent all the relevant documents required.
But they mentioned 2 points:
1- you have applied to join you father XXX, in UK. I note that you have not submitted any evidence to show that your Mother YYY, has entry clearance to Uk. I note that you were born in UK, that ur mother's name us on the birth certificate but still you have to provide satisfactory evidence that your mother holds entry clearance to UK. Therefore I m not satisfied that both of your patents have been granted entry clearance of leave to remain at the same time ad you.

2- second point is about original bank statements which i did not sent, instead sent the scan copies and there in india wife took print. Since we applied for my father's tourist visa with sane financial docs( scan copies if bank statement) and father's visa was granted but for daughter they need original bank statements.

I can understand second point as my mistake but I m not able to digest the first point aid have submitted my wife passport pages, UKBA letter of dependent tier-1. I believe that's all is required for entry clearance supporting documents.

Can anyone please let me know what went wrong from my side in first point as I am not able to understand what else they need of my wife documents in terms if entry clearance.

Pleas advice urgently.

Thanks
Syed

Bijuk · Post by **Bijuk** » Mon Jul 18, 2011 2:27 pm

1. you must submit passport copies of father and mother of the child showing entry clearance ( valid leave to re3main in uk)

2. you must submit original bank statements to show maintenance fund

Sushil-ACCA · Post by **Sushil-ACCA** » Mon Jul 18, 2011 2:39 pm

roomanalisyed wrote:Hello everyone,
I have just joined this forum after my friend suggested to take opinion from you all.
My daughter born in Norwich in Jan and left to India in feb with her mother, as there was marriage in home.
I got her passport from Indian embassy but since time was less did not tried of her visa , thinking that we'll apply while my wife decide to come after some time with her parents.
My wife applied our daughter visa at new delhi vfs on 21 June and we got refusal notice with right to appeal.
I sent all the relevant documents required.
But they mentioned 2 points:
1- you have applied to join you father XXX, in UK. I note that you have not submitted any evidence to show that your Mother YYY, has entry clearance to Uk. I note that you were born in UK, that ur mother's name us on the birth certificate but still you have to provide satisfactory evidence that your mother holds entry clearance to UK. Therefore I m not satisfied that both of your patents have been granted entry clearance of leave to remain at the same time ad you.

2- second point is about original bank statements which i did not sent, instead sent the scan copies and there in india wife took print. Since we applied for my father's tourist visa with sane financial docs( scan copies if bank statement) and father's visa was granted but for daughter they need original bank statements.

I can understand second point as my mistake but I m not able to digest the first point aid have submitted my wife passport pages, UKBA letter of dependent tier-1. I believe that's all is required for entry clearance supporting documents.

ONE mistake enough for refusal

this time apply with all documents , house , both parents visa, fund , birth certificate , etc

Can anyone please let me know what went wrong from my side in first point as I am not able to understand what else they need of my wife documents in terms if entry clearance.

Pleas advice urgently.

Thanks
Syed

roomanalisyed · Post by **roomanalisyed** » Mon Jul 18, 2011 2:48 pm

@BijuK :

I agree with your comments, and I would like to clarify that we had submitted both of ours Passport pages. Mine - Copies, as I m in UK, Wife's - Original Passport + Photocopies + UKBA Tier-1 dependent letter for leave to remain.

And That's why I have concern and doubt that what else they need as entry clearance? As we had given the things which are mentioning.

Hope you understand my concern.

roomanalisyed · Post by **roomanalisyed** » Mon Jul 18, 2011 2:49 pm

@Sushil :

Cannot see any comments from your side? Do you wants to comment !

Bijuk · Post by **Bijuk** » Mon Jul 18, 2011 3:01 pm

roomanalisyed wrote:@BijuK :

I agree with your comments, and I would like to clarify that we had submitted both of ours Passport pages. Mine - Copies, as I m in UK, Wife's - Original Passport + Photocopies + UKBA Tier-1 dependent letter for leave to remain.

And That's why I have concern and doubt that what else they need as entry clearance? As we had given the things which are mentioning.

Hope you understand my concern.

hmm.. in that case the reason for rejection is based on the bank statements..

are you sure you placed your wife's passport copy on the right application since you applied for a visit visa for your father along with this ?

( sushils coments are there inside the qouted text)

roomanalisyed · Post by **roomanalisyed** » Mon Jul 18, 2011 3:26 pm

@Biju :

I could have understand your point, unless they haven't mentioned the point 1. I have checked and they had returned the same documents with passport, and the passport pages having visa, and ukba letter was there in those bundle, so no point in messing with my father's application.

@Sushil : your comment is very general, though I accept.

My only question here at this point of time is - what are the documents required for entry clearance from our side to give while applying visa for our daughter.

I just want to know apart from my wife Passport pages + ukba letter of tier-1 dependent, do we need (for my wife) any other document as entry clearance?

Thanks in advance.

mulderpf · Post by **mulderpf** » Mon Jul 18, 2011 4:28 pm

You don't mention a copy of your wife's visa (entry clearance) - did you submit this as evidence as it's unlikely that they took your wife's original passport when she applied. That's the entry clearance they are looking for - I am not sure what letter you are referring to.

Either way, you did not comply with regards to the bank statements, so even if you did the above, your application would still have been refused.

roomanalisyed · Post by **roomanalisyed** » Mon Jul 18, 2011 5:35 pm

@mulderpf : Thanks for your posting.

If any of my remarks not gone well with etiquette, request you to please ignore as I am bit nervous, because of refusal and also money which is at stake ( INR 60000).

So from the above comments by Biju / Sushil / mulderpf ... I assume that the entry clearance document is nothing but the Tier-1 Visa page on the passport or our pages. Please correct me if I m still not clear.

I agree with the second point that it would anyway results in a refusal, but why I am so emphasising on 1st point is because if I file a fresh application and with similar set of documents ( this time with original bank statements), since it would be again same set of Visa copies of me and my wife, I am afraid they could reject it again saying that wife doesn't have entry clearance. Hence I am asking to get myself clear that is there any other paper document apart from visa which stands for Entry clearance.

One more point here I would like to mention - do you think the immigration stamp by India/UK Immigration officer at Heathrow counts and we need to also attach the copies of the pages, if the stamp is on other page, do they count the entry stamps at UK Heathrow as entry clearance?

Please advice.

Thanks,
Syed

roomanalisyed · Post by **roomanalisyed** » Wed Jul 20, 2011 9:57 am

Hello Dear Members,

I would like to ask, since I already explained the situation above and the points related with the refusal, does it make sense to go for appeal with :

1. Original Bank Statement ( Point no. 2 of rejection)

2. Coloured Scanned Pages of Wife/Mine Passport pages and a letter explaining that Wife ( mother of child) has entry clearance as she got her Tier-1 dependent visa stamped along with me and has been in and out from UK on same Tier-1 dependent visa couple of times, which, I assume, is sufficient to stand for that She has very much entry clearance in UK. ( Point no. 1 of rejection)

Looking forward for the reply. Please advice.

Thanks in advance.

Syed

beecharmer1800bc · Post by **beecharmer1800bc** » Wed Jul 20, 2011 11:33 am

roomanalisyed wrote:Hello Dear Members,

I would like to ask, since I already explained the situation above and the points related with the refusal, does it make sense to go for appeal with :

1. Original Bank Statement ( Point no. 2 of rejection)

2. Coloured Scanned Pages of Wife/Mine Passport pages and a letter explaining that Wife ( mother of child) has entry clearance as she got her Tier-1 dependent visa stamped along with me and has been in and out from UK on same Tier-1 dependent visa couple of times, which, I assume, is sufficient to stand for that She has very much entry clearance in UK. ( Point no. 1 of rejection)

Looking forward for the reply. Please advice.

Thanks in advance.

Syed

Make a fresh application.

The rejection based on copy bank statements will stick- no chance of an appeal on that one.

Post by **vinny** » Wed Jul 20, 2011 11:43 am

Appeal and submit new documents.

Note that non-original documents should be properly certified.

Click on links for more info.

mulderpf · Post by **mulderpf** » Wed Jul 20, 2011 11:44 am

To answer your other question - the entry clearance and visa is in fact the same thing, I was just confused why you kept calling it a letter.

You can try to appeal with the documents you suggested as it is a lot of money wasted otherwise - but you may very well end up wasting your time. I cannot really comment on the likelihood of approval - I was just wondering what the letter (UKBA Tier-1 dependent letter) was that you were talking about.

And yes - entry clearance = visa (if I'm not mistaken it should say UK Entry Clearance at the top).

roomanalisyed · Post by **roomanalisyed** » Wed Jul 20, 2011 11:49 am

Thanks a lot to you muldref and vinny.

The letter - I applied for Tier-1 in 2009, I got Visa stamped on Passport and a UKBA letter stating that visa has been granted and exlaining the areas where I claimed the points to get it. a 2 page letter. So wherever I applied i always submit passport copies along with this UKBA letter.
Extremely apologise for any confusion caused.
I am also thinking to - appeal, rather than going for fresh.

Can you also suggest, since I m in UK, is it good to submit appeal in UK or in back in Delhi?

roomanalisyed · Post by **roomanalisyed** » Wed Jul 20, 2011 11:50 am

beecharmer1800bc comments contradict with your sugesstion mulderpf.

Any sugesstion ?

beecharmer1800bc · Post by **beecharmer1800bc** » Wed Jul 20, 2011 12:00 pm

roomanalisyed wrote:beecharmer1800bc comments contradict with your sugesstion mulderpf.

Any sugesstion ?

He/she said that you could appeal but offered no guarantees so nothing in those comments mate.

Policy guidance is quite clear on what the requirements are and you fell short of it.

So, re-apply.

infonex · Post by **infonex** » Wed Jul 20, 2011 1:14 pm

come on guys, he addmitted his mistake with regards to bank statement he is concerned and worried about the 1st point of refusal...

Dear so sorry to hear about ur dependent visa refusal, as far as i understood u are worried, concern and confused about 1st reason of refusal, I had same problem on my wife visa application, this is common mistake they are making now adays, God Knows why and whats the technical issue they are having, this is only ten mints job to find out if one has leave to remain (entry clearence or valid visa) or not .... so don't worry about this reason just see if you could cover the 2nd reason of refusal, send original bank statements with appeal form and a cover letter explaining every thing A to Z to 1st tier AIT ... they will reconsider every thing u send them to support ur appeal and review the case, if they decided tht original should stand they will send bundle back to AIT for further appeal processing or they may be overturn it if they think tht original decision was wrong...... it will take 45 days to get the response on review..... and u can apply fresh application anytime along with appeal.... i hope this will help.... All the best

roomanalisyed · Post by **roomanalisyed** » Wed Jul 20, 2011 3:03 pm

@infonex : You know what, you clearly understand what I wanted to say ! Thanks from heart.

Anyway It's my call to go for an appeal or a fresh application, I understand. Will decide and do so.

Thanks a lot to all of you who participated in my troubled time to suggest things promptly.

santhoap · Post by **santhoap** » Thu Jul 21, 2011 4:46 pm

@ roomanalisyed : If you are ready to wait for 2 months then you can go for appeal provided, You add ORIGINAL BANK STATEMENTS ( and any letter from bank saying xxxx amount is maintained as minimum balance. it adds value). Also mention clearly in a separate paper about your wife's visa details. It will add more value only in your explanation.

If you are not ready to wait for 2 months and ready to spend INR 60K, then go ahead apply freshly. I believe your appeal with proper explanation will help you. Cheers.

roomanalisyed · Post by **roomanalisyed** » Thu Jul 21, 2011 4:48 pm

Hi,
Can you tell me if I apply fresh, how many months of Bank statements I need to submit?

Thanks

santhoap · Post by **santhoap** » Thu Jul 21, 2011 4:55 pm

past 3 months

roomanalisyed · Post by **roomanalisyed** » Thu Jul 21, 2011 5:10 pm

Hi,

Can you suggest me the complete list of Supporting Documents please !

Thanks

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Tier-1 dependent child visa refused, in India with mother.

Tier-1 dependent child visa refused, in India with mother.

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