Home Office phone to applicant

[Dayyurite]

I applied in April for Tier1 Entre with a team member. Both application was sent same day in the same envelop. The application was refused for both office in May 2013. My team member was give appeal right and he appealed in June 7 while I was not given the option to appeal because I was still having a valid then. I reapplied on July 5, 2013, went for biometric on 25 july.

Please not my partner is my unmarried partner and both of us are qualified accountant and business is accountancy firm.

But today I got a call from HO telling me that she discovered that I have a baby but did not apply for a dependant visa for him, that I should fill a dependant application for him and send it to HO. Also, she said she noticed that my partner has appealed against their decision and for this they will not make decision on my application untill my partner appeal is decided in court.

My partner has not been given hearing date

Please advice me
Thanks in advance

[Dayyurite]

Can guru in this forum please advice me on what to do.

[rizwan567]

Did you apply second time as a part of team with same team member? Or did you apply separately?

[Dayyurite]

We are still a team. However, he appealed against first application decision and I reapplied using the same document and also put his appeal decoment to you that my partner is on appeal

[rizwan567]

So it clearly means your application is dependent on the appeal result of other team member. As UKBA has themselves confirmed this by calling.

So what is the confusion now?

By the way, why did you not reapply your child with you?

[vinny]

If baby was born in the UK and had never made an application for leave to remain in the UK, then baby is not required to apply for leave to remain.

[Dayyurite]

I have never applied for my child before and I belief that is only necessary if the baby is travelling.

Also, I think my visa decision should not depend on the appeal of my business partner. We applied as a business partners not as husband and wife and we have equal access to the fund.

[rizwan567]

I got your point. And difficult situation you are in.

May I ask, if your application should be decided on your own (or as a single applicant) then why did you apply as a part of team second time?

Where was the money? your account, his account, joint account or third party?

Where is your child?

[Dayyurite]

I got your point. And difficult situation you are in.

May I ask, if your application should be decided on your own (or as a single applicant) then why did you apply as a part of team second time?

Where was the money? your account, his account, joint account or third party?

Where is your child?

If you look at the policy guidance it says that both applicants should have access to the fund and be able to use it. This is why the third party letter must state that both applicants have equal access to fund.

If they can not decide my application alone why didn't they give right of appeal as well so that we can appeal together

My child was born in UK and still in UK.

We addressed the first application refusal points and i used the documents for the new application. Third parting funding and the is outside UK

[rizwan567]

Yours is quite unique situation and I am not sure if any forum member has gone thru similar situation. It is also not written in the policy guidance what should be done in situation as yours. So you did what you think was right and what looks right.

Since you originally applied as a part of team and your other team member's application is on appeal. so your application is being put on hold to bring you in line with other team member..

Probably you had two options:

1. Either you reapply separately
2. Reapply as a part of same team and wait for the appeal decision of other team member.

There is a clear discrepancy in the policy guidance about this. We only got to know this after you applied. Nobody knew before that what will happen in this situation. If you are unhappy that how you being dealt unfairly then you should seek expert legal advise on this.

So advice for other people in similar situation as yours is:

Either you reapply on your own after breaking the team
Or in order to keep your stay legal just fill in the application form and reapply with new fee and maintenance funds and UKBA will hold your application to bring in line with the appeal of other team member. If appeal is allowed you will also get the visa if not new application will also be rejected.