Tier 2 General Child Depedent visa rejection

[apandey30]

Hi Everyone,

I submitted a tier 2 general dependent visa for my 2 month old daughter from India which got rejected.

The reason of rejection was that I had not submitted proof of my employment with the original application. I had submitted copy of my visa but they did not consider it as sufficient evidence of my employment. I have 2 questions

1) If I submit an appeal against the decision then can I submit additional evidence for my employment which I had not provided with the original application.

2) How much time does it normally take for the completion of the appeal process? Will it be better if submit a fresh applications rather then appealing against the decision on the first application of my daughter.

Thanks a lot for your help.

Regards,
Abhi

[apandey30]

Hi,

Please some gurus guide me on this issue

Regards,
Abhi

[quantum1]

New evidence will not be considered in the appeal.

[Lucapooka]

It would help if you could post the exact text of the refusal notice.

There is a difference between new evidence of something that did not exist at the time of the decision, and additional evidence of something that did exist at the time of the decision. If you were employed it will be additional evidence that was previously omitted which will be accepted by an appeal. If, indeed, you are employed under the terms of your Tier 2 visa then this can be easily proven and the ECM review stage of the appeal may well yield a quick result.

[apandey30]

Hello,

Thanks for your response. The rejection letter states as below:

Your sponsor has failed to provide evidence of his employment/ earnings in UK.

I think I should appeal against the decision as the evidence I will provide will be treated as additional evidence rather than new evidence.

Please do let me know if you think it is the right decision.

[Lucapooka]

The rejection letter states as below: Your sponsor has failed to provide evidence of his employment/ earnings in UK.

No it doesn't; that's not sufficient information! What exactly does it say? A refusal on that basis would be absurd as there is nothing in the rules that would demand this.

[apandey30]

I am quoting the complete text:

"Your sponsor has failed to provide evidence of his employment/ earnings in UK. Your sponsor has provided his bank statements from Natwest Bank but this does not show any salary deposits into the account rather it shows a number of online transactions, however this does not prove any employment or the origin of the funds.

As such I am not satisfied that you are the child of a person who:


(i) has valid leave to enter or remain as a Relevant Points Based System Migrant for which he was issues entry clearence, or

(ii) is, at the same time, being granted entry clearance or leave to remain as a Relevant Points Based System Migrant.

Given the above rules your applications falls to be refused under paragraph 319H (b) (i) and (ii) of the immigration rules."

I have not seen any rules which say that my dependent child needs to show my employment proof. Although I had submitted my valid BRP.

Please confirm if I should appeal or reapply

Thanks a ton

[Lucapooka]

You are very unlucky. I have never seen this being implemented previously. Your leave is only valid if you are indeed working for your sponsor, and so the ECO has taken it upon himself to see evidence of this. If you were a Tier 1 migrant who was unemployed you would not need to provide the same, as being employed continuously is not a requirement for Tier 1. Assuming you completed the section in the dependant application that asked for your COS number and name of employer, it's quite unusual to be asked for statements showing actual earned income. I'm still not sure that it's a valid refusal on that basis.

[apandey30]

Thanks a lot so you think that I should appeal against the decision?

[Lucapooka]

Yes, of course. All you need to do is provide your payslips and bank statements to prove what is being requested.

[apandey30]

Hi,

Could anyone please indicate the estimated time to completion of the appeal process?

I have been informed that it takes at leat 3 months for the decision to be overturned and if that is correct then I may consider submitting a fresh application for the visa

[john353]

Hi apandey30,

When you applied for the dependent visa, did you submit a letter from your employer stating that you are currently employed with them? Can you let us know?

If not provide it in your new application or appeal which ever you choose.

[quantum1]

It would help if you could post the exact text of the refusal notice.

There is a difference between new evidence of something that did not exist at the time of the decision, and additional evidence of something that did exist at the time of the decision. If you were employed it will be additional evidence that was previously omitted which will be accepted by an appeal. If, indeed, you are employed under the terms of your Tier 2 visa then this can be easily proven and the ECM review stage of the appeal may well yield a quick result.

I disagree

http://www.ukba.homeoffice.gov.uk/sitec ... w-evidence

[david1955]

Hi Everyone,

I submitted a tier 2 general dependent visa for my 2 month old daughter from India which got rejected.

The reason of rejection was that I had not submitted proof of my employment with the original application. I had submitted copy of my visa but they did not consider it as sufficient evidence of my employment. I have 2 questions

1) If I submit an appeal against the decision then can I submit additional evidence for my employment which I had not provided with the original application.

2) How much time does it normally take for the completion of the appeal process? Will it be better if submit a fresh applications rather then appealing against the decision on the first application of my daughter.

Thanks a lot for your help.

Regards,
Abhi

Appeal the decison , and you can argue on the point that this requirement is not clear or mentioned in the guidance. Thus you didnt provide the requested document. ( I appeal my wife visa refusal on the same basis : as there is no proper guidance available for the list of documents required)

Please provide the appropriate documents in your appeal and most probably the appeal will be overturned.

If appeal gets overturned , the visa stamping wil take atleast 2 months and if it goes for the hearing then minimum 6 months for the stamping

if you go for appeal , provide payslips, bank statement proving salary transfer and employer letter confirming employment.

I hope this helps

[ku85]

The link you had given is regarding restrictions on 'new evidence' at points-based system appeals

What Lucapooka stated is correct in regards to this post as it relates to appeal process for PBS dependents and not PBS migrants.

See APL7.5 Post decision evidence-

http://www.ukba.homeoffice.gov.uk/polic ... es/part12/

[quantum1]

The link you had given is regarding restrictions on 'new evidence' at points-based system appeals

What Lucapooka stated is correct in regards to this post as it relates to appeal process for PBS dependents and not PBS migrants.

See APL7.5 Post decision evidence-

http://www.ukba.homeoffice.gov.uk/polic ... es/part12/

True

[apandey30]

Hi All,

Thanks a lot for your responses, It has been very helpful.

I have now appealed against the decision and provided additional evidence of my employment. I have asked for a paer based appeal. I will wait for 2 months for this process. If I do not get a decision in two months then I will reapply.

I hope that I get the decision in two months. Thanks a lot again for your replies. I will keep you posted when I hear back.