Tier 1 General Dependant refused - help on appeal

krisVisa · Post by **krisVisa** » Fri Oct 26, 2012 12:34 pm

Hello,

My child dependant Visa is rejected citing reason as Pulmonary TB test is not provided.

child is <6 months and have read somewhere that, it is not required for toddlers.

The baby is born in UK but now in India (and applying from India)

Please can you help on how to proceed for administrative review.

Can I get Visa of my child, if I provide TB test certificate from authorized practitioner.

Regards,

Post by **Lucapooka** » Fri Oct 26, 2012 1:46 pm

There is no admin review for PBS dependant applications. It will be an appeal and, as such, offers more scope to submit paperwork, but can take much longer. If the TB cert. did not exist at the time of the decision (which it didn't) it may not be admissible for an appeal, so perhaps it will be better and quicker to re-apply.

krisVisa · Post by **krisVisa** » Fri Oct 26, 2012 1:49 pm

please can you help me with details regarding appeal.

I need to submit proof of TB test ? and to whom?

Post by **Lucapooka** » Fri Oct 26, 2012 1:52 pm

I've indicated that an appeal may not work. However, all of the relevant information is contained in the letter that was returned with the child's passport. If you are struggling with what to do it may benefit you to take professional advice.

Post by **geriatrix** » Fri Oct 26, 2012 3:05 pm

TB screening India - FAQ wrote:Q15: Do children have to be tested?

All children aged 11 years upwards must be tested.

Parents or guardians of children below 11 years need to bring their children to the clinic and complete a health questionnaire for them. The clinician will then decide whether a child needs to be screened. If the clinician decides not to screen a child, a certificate will be provided to state that the child was not tested. This certificate must be submitted with the child’s UK visa application.

The child will need to apply for entry clearance again with a certificate from an approved clinic.

santhoap · Post by **santhoap** » Fri Oct 26, 2012 3:34 pm

If I am in your position and if I get appeal chance then I will go for appeal since I can wait for a month and save money. UKBA site clearly says if the child is less than 11 years then TB test is not needed. So clearly mention this link http://www.ukba.homeoffice.gov.uk/count ... %20English and highlight the first bullet point to them. But whether received appeal form ?

UKBA site says :

If you do not take the test, or the test shows that you have TB, you will not be permitted to travel to the UK until you take the test and are shown to be free of TB, including after treatment.

You do not need a TB test if you are:

a child under the age of 11 (unless deemed necessary by a clinician);
the holder of a Certificate of Entitlement to the Right of Abode in the UK;
a diplomat accredited to the UK; or
a returning UK resident (unless you have been absent from the UK for more than 2 years).

krisVisa · Post by **krisVisa** » Fri Oct 26, 2012 3:56 pm

@sushdmehta - the baby is only 5 months old. I believe your note is for children above 11 years. Is that correct?

Or are you saying TB test is required?

@santhoap - I have followed that link only and already emailed a complaint to Visa Manager in Chennai.

I need some information whether I should get TB test done and appeal or appeal directly. To get TB test, there is a bit of travel involved.

Such a frustrating situation.

Please suggest.

Post by **geriatrix** » Fri Oct 26, 2012 3:58 pm

Please read carefully.

krisVisa · Post by **krisVisa** » Fri Oct 26, 2012 4:02 pm

@sushdmehta - sorry I over looked.

Now what should I do? I have applied without that and got refused.

The option is to appeal. I can take the details from the link and tell my version.
I can also submit the TB test results.

Will that help win my appeal and get VISA for my child?

Post by **Lucapooka** » Fri Oct 26, 2012 4:15 pm

Take the child:

to an approved clinicand complete a health questionnaire. The clinician will then decide whether a child needs to be screened. If the clinician decides not to screen a child, a certificate will be provided to state that the child was not tested. This certificate must be submitted with the child’s UK visa application.

Make a new application with that certificate.

If you are still in doubt, seek private professional assistance.

krisVisa · Post by **krisVisa** » Fri Oct 26, 2012 4:23 pm

make a new application? It will cost me a full fee again.

Is an appeal not sufficient? The rule is effective only from 10th Sep 2012.

Please advice

krisVisa · Post by **krisVisa** » Fri Oct 26, 2012 4:26 pm

Should UKBA contact, if some information is missing?

Will they never ask for additional information like the TB test report or so ?

Post by **Lucapooka** » Fri Oct 26, 2012 4:28 pm

Lucapooka wrote:If you are still in doubt, seek private professional assistance.

Post by **geriatrix** » Fri Oct 26, 2012 4:35 pm

krisVisa wrote:The rule is effective only from 10th Sep 2012.

Perils of selective information sharing is that you are vulnerable to inaccurate responses in absence of material facts being disclosed / shared.

If the entry clearance application was submitted before 10-Sep-12 then you may appeal on the grounds that the requirement was not in effect for applications under PBS category on the date of the application.

krisVisa · Post by **krisVisa** » Fri Oct 26, 2012 4:37 pm

I will wait for a few responses from some good experienced people.

@Lucapooka - I understand your statement. Obviously I have misinterpreted

You do not need a TB test if you are:
a child under the age of 11 (unless deemed necessary by a clinician);

but it is a child application and no where I came across "Have you submitted TB test results" kind of question.

Please advice unbiased.

If my case has no strength and bound to fail, then there is no meaning in appeal. But I was given an option to appeal. If the mistake is misunderstanding/misinterpretation then ther can be a benefit of doubt. correct?

Should I appeal (or) should I reapply?

@santhoap - I received IAFT2 through post from UKBA

krisVisa · Post by **krisVisa** » Fri Oct 26, 2012 11:10 pm

I was going through a few links
http://www.mbssolicitors.co.uk/immigrat ... rance.html

For refusals under paragraphs 320 (7) – (20), the appeal rights depend on the category of application.

The refusal is because of missing medical certificate.
Also the UKBA classifies the refusal as "Discretionary"

Discretionary grounds for refusal are set out in paragraphs 320 ( 8 ) - 20

http://www.ukba.homeoffice.gov.uk/polic ... /rfl/rfl3/

what are the chances of my success in appeal ?
Please comment

krisVisa · Post by **krisVisa** » Sat Oct 27, 2012 8:32 pm

Hello all,

Is there a check list of all documents required for Tier 1 General - Child

"Applying from outside UK"

Please help me with the link

Regards,
K

Post by **Lucapooka** » Sat Oct 27, 2012 8:40 pm

Yes, on the application form, but this is a general list of mandatory requirements and some non-mandatory suggestions (depending on circumstances). It would not mention or take into account local requirements with regard to health. That information can be found on the website of the UKBA and the VAC in each individual area. You have already been directed to those links in previous posts of this thread.

krisVisa · Post by **krisVisa** » Sat Oct 27, 2012 9:29 pm

@Lucapooka - please can you post the links again.
Applying from outside UK
Category Tier1 General - child.

krisVisa · Post by **krisVisa** » Sun Oct 28, 2012 7:57 am

@Lucapooka - where from you got the below details (mentioned in your post above)

to an approved clinic and complete a health questionnaire. The clinician will then decide whether a child needs to be screened. If the clinician decides not to screen a child, a certificate will be provided to state that the child was not tested. This certificate must be submitted with the child’s UK visa application.

krisVisa · Post by **krisVisa** » Sun Oct 28, 2012 1:01 pm

Is the below the link to Tier 1 general dependant?

http://www.ukba.homeoffice.gov.uk/sitec ... olicy1.pdf

Does UKBA expect the documents from "Documents We require" only?

Post by **geriatrix** » Mon Oct 29, 2012 2:11 am

krisVisa wrote:Hello all,

Is there a check list of all documents required for Tier 1 General - Child

"Applying from outside UK"

Please help me with the link

Regards,
K

No.

Post by **geriatrix** » Mon Oct 29, 2012 2:15 am

Partners and children of migrant workers and students
Applying for UK visa in India
Guidance - Tier 1 (General) Dependent application

krisVisa · Post by **krisVisa** » Mon Oct 29, 2012 8:25 am

@sushdmehta - Thank you

But I could not find anything related to pulmonary TB test certificate as part of the form (except in news and updates) . Should I appeal, as it was not mentioned in the application?

Also note that we have to Apply online from India (may be it is same format as VAF xx but it looks a little different)

Any help appreciated.

Post by **geriatrix** » Mon Oct 29, 2012 2:10 pm

Lucapooka wrote:
Lucapooka wrote:If you are still in doubt, seek private professional assistance.

Given your inability to understand the responses in the topic and comprehend the suggestions given to you, I second Lucapooka's suggestion.

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Tier 1 General Dependant refused - help on appeal

Tier 1 General Dependant refused - help on appeal