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Dependent Child Refusal - Appeal process...pls help

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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Indian_in_Leeds
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Posts: 2
Joined: Wed Jul 18, 2012 7:56 pm

Dependent Child Refusal - Appeal process...pls help

Post by Indian_in_Leeds » Wed Jul 18, 2012 8:13 pm

I am on Tier 1 general migrant visa from dec 2008 in uk. I applied for dependent visa for both my kids (9 years old daughter and 5 years old son). I submitted all the required documents but BHC refused saying.....there is no evidence of relationship. The passport and Birth Certificate are the biggest evidence of relationship. Below is the extract send to us. Pls advise me how to take this forward.

YOU HAVE APPLIED FOR AN ENTRY CLEARANCE TO THE UNITED KINGDOM AS THE CHILD OF A PBS MIGRANT. I
HAVE THEREFORE ASSESSED YOUR APPLICATION AGAINST PARAGRAPH 319H OF THE IMMIGRATION RULES WHICH
REQUIRES THAT I MUST BE SATISFIED THAT THE CHILD OF A PARENT WHO HAS VALID LEAVE TO ENTER OR REMAIN AS
A PBS MIGRANT AND BOTH OF YOUR PARENTS MUST EITHER BE LAWFULLY PRESENT IN THE U.K, OR BEING GRANTED
ENTRY CLEARANCE OR LEAVE TO REMAIN AT THE SAME TIME AS THE APPLICANT.

IN SUPPORT OF YOUR APPLICATION YOU HAVE PROVIDED A BIRTH CERTIFICATE. I NOTE THAT YOUR FATHER ENTERED
THE UK INITIALLY IN DECEMBER 2008 AND YOUR MOTHER HAS HELD A PSB DEPENDENT VISA SINCE FEBRUARY
2012. YOU HAVE NOT PROVIDED ANY ADDITIONAL EVIDENCE SUCH AS FAMILY PHOTOGRAPHS, FAMILY CORRESPONDENCE
OR OTHER EVIDENCE TO CONFIRM THAT YOU ARE RELATED AS CLAIMED.

IN ABSENCE OF SATISFACTORY EVIDENCE I AM NOT SATISFIED THAT YOU ARE RELATED AS CLAIMED AS REQUIRED
BY PARAGRAPH 319H(b) OF THE HC 395.

I HAVE THEREFFORE REFUSED YOUR APPLICATION BECAUSE I AM NOT SATISFIED, ON THE BALANCE OF PROBABILITIES,
THAT YOU MEET ALL THE REQUIREMENTS OF THE RELEVANT PARAGRAPH OF THE UNITED KINGDOMN IMMIGRATION RULES.


Please help!!!!

ruvi
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Posts: 24
Joined: Mon Oct 10, 2011 9:44 pm

Post by ruvi » Wed Jul 18, 2012 10:36 pm

Your case has shaken me, I am due to apply for my kids too, I came in Jan 2009, but couldnt bring my kids, because of custody issue, I have since got custody through the High court, I think the burden of proof is for you to explain why you have taken so long to apply for them.

I would add the photos and proof that you communicate with the family, and send money.

I feel for you seeing as for fee has gone?

Indian_in_Leeds
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Posts: 2
Joined: Wed Jul 18, 2012 7:56 pm

Post by Indian_in_Leeds » Wed Jul 18, 2012 11:53 pm

Just imagine fathers name and mothers name is mentioned on the passport and birth certificate and what else do they require for evidence. Photographs???? Does it really make sense.????

tier1Reading
Member
Posts: 171
Joined: Thu Jun 14, 2012 12:45 pm

Post by tier1Reading » Thu Jul 19, 2012 1:06 pm

Ah.... this is painful.

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