Dependants Visa Refused

[cracker]

My step-sons dependant visa was just refused. My Filipino wife and 7 yr old step-daughter came here a year and a half ago and now we are finally in a position to support my step-sons application, but was shocked at the tone and reason for refusal, which stated as follows:
You are 17 y/o and turn 18 in just over 4 months time. You have never applied to join your mother in uk before now you have stated on your visa app/ form neither of my parents have custody of me but i choose to live with my mother’s parents, not to my father I am already 18y/o and i think i am old enough to decide who i want to be with and i want to be with my mother your decision to relocate to the uk is clearly made out of choice rather than necessity, a choice acknowledged by both of your parents. you have indicated in your statement that you lead in an independent life and are very clear that as you are close to adulthood, that you are willing and able to make your own decisions, you have further stated how u wish to study and work in the uk indicating that will endeavour to continue to lead your independent life there.

Please let me know your thoughts and advise.

[archipelago]

A dependant is someone that relies on another person for support, especially financial support. This doesn't seem to be the case here?

[Lucapooka]

The mother would have needed to show that she has had (present perfect tense) sole responsibility for the exercising of parental care for a substantial period prior to the application but the son has confirmed in his own statement that she has not. What else can you expect the ECO to do other than refuse?

[cracker]

Sorry, I may not have made this very clear, but my wife has been the sole provider to her 3 children since she separated from her husband 7 yrs ago and part of the reason for her getting her marriage annulment 2 yrs ago was that the father was not and has not supported his children. I did state in the sponsor letter and sent evidence that we are supporting the entire family financially, including my step-sons grandparents, as they are both elderly and not working.
He did not apply at the same time as his mother and sister because neither of us had jobs to come back to here in the UK and having just spent nearly 10months in the Philippines, I thought I would find it hard to justify sponsoring the entire family at that time and ensuring that they do not have recourse to public funds.

[cracker]

I was also trying to suggest we have a sense of responsibility by indicating that while my step-son will be living with us, we want him to do a couple of part-time college courses including ESL to help him adjust to life here while doing some part-time or casual work to give him a sense of responsibility and also contribute towards the household income, not have recourse to public funds and become a burden to the state. The decision makes false statements that were not included in the application and seems very opinionated rather than having a legal precidence for the refusal decision.

[STLewis]

As I understand it, (and each case depends on its facts), there must be evidence to show that the sponsoring parent remained in sole control of the child's upbringing. Even when a child has been left in the care of other family members, there must be some degree of shared responsibility for the child's upbringing i.e the extent of the parent's involvement on a day to day basis; any decisions made regarding the child etc Financial support alone will not be successful.

As already mentioned, the fact her son apppeared to state he was 18 and lived a completely independent life has not helped his application at all.

[rbk1597]

This is a case of an application messed by confusing logical and natural expectations and common sense versus immigration rules. It must be stated that rules are rules and they may not necessarily conform to common sense.
This is why most pple are advised to seek legal advice before making such aplications.
Its clear that statements made by your step-son on the application form were a recipe for refusal.
Legally a 'dependant' should really be dependent and should show signs that they cant otherwise do anything without the person they are dependent on. The first test usually aaplied for this, is age. Over 18 yr olds are naturally considerd 'independent' (and your step son claimed he is 18 and independent, which contradicts the concept of 'dependant')
He also highlights his ability to make independent choices, when infact, he is applying to be a 'dependant', Honestly this application was ill-informed. The are rules laid down which govern all these immigration aaplications, if you are not sure of them, seek assistance first.

[cracker]

Thanks for your feedback. Yes, the use of certain phrases and words was ill-advised and we got the balance completely wrong of trying to demonstrate a sense of maturity by my stepson, whilst maintaining that he is a dependant.
We actually appealed and re-wrote our case, making the situation much clearer and easier for everyone to understand. The difficulty was, proving that something was actually true, when in the eyes of the law, it could potentially be determined as hear-say. We must have got that bit right because the decision was over-turned before the appeal case was even heard.
It is very reassuring that whilst there are laws in place to comply with that common sense does prevail sometimes and I must say that the British Embassy in Manila was very helpful when we went to collect my step-son's passport.