Tier 1 - Depandants Visa - Refusal

MTZ510 · Post by **MTZ510** » Tue Sep 10, 2013 3:44 pm

Me and my sister has got the Tier 1 Visa last month. Now we applied for our depandants visa, the visa was issued to my depandants but was refused to the depandans of my sister. The reason is that my sister has only applied for her children and not for her spouse as her spouse has planned to travel later after winding up his business over here.

"The exact reason mentioned in the refusal letter is 319H(f) that either both parents should have entry clearance to be in UK or one parent has entry clearance and other parent has applied for entry clearance."

As my sisters husband has not applied therefore the visa application of her children was refused.

They have given the right of appeal and have also given the form IAFT-2.

I have following questions in my mind and will appreciate comments from all forum members.

1- Should my sister go for appeal, and what r chances of success in appeal.
2- How long will it take to decide the appeal as the appeal will be heard in UK.
3- If my sister decided to reapply along with her husband then can my sister's husband show his own bank statement as proof of maintenance or the maintainance funds should be in the main applicants (my sisters) account only.

Any other advice will be highly appreciated

Thanks

Post by **Lucapooka** » Tue Sep 10, 2013 3:59 pm

There is no use appealing what amounts to a correct decision. The immigration rules are very clear on this matter. The children can't go to the UK if the other parent is not there or applying to go with them. Wait until he is ready and all apply together.

MTZ510 · Post by **MTZ510** » Tue Sep 10, 2013 4:17 pm

Lucapooka wrote:There is no use appealing what amounts to a correct decision. The immigration rules are very clear on this matter. The children can't go to the UK if the other parent is not there or applying to go with them. Wait until he is ready and all apply together.

Thanks for replying. I am also of the same opinion. but there is one problem that my sister (the main applicant) has got a one year girl and she can't leave her. If she doesn't travel on her tier 1 visa then she might lose her visa.

Can you advice how long a tier 1 main applicant can take to entre UK after visa is issued.

and if her spouse applies along with her children then will it be fine ?

What about my other question that can her spouse show his own bank statement for maintenance funds?

Post by **Lucapooka** » Tue Sep 10, 2013 5:45 pm

She has until her visa exoires in which to enter so there is no rush. There are no other options; the kids cannot get visas without the father getting his. Maintenance for PBS dependants can shown in their own bank account or the PBS migrant's.

MTZ510 · Post by **MTZ510** » Tue Sep 10, 2013 6:50 pm

Lucapooka wrote:She has until her visa exoires in which to enter so there is no rush. There are no other options; the kids cannot get visas without the father getting his. Maintenance for PBS dependants can shown in their own bank account or the PBS migrant's.

Thank you dear.

please advice on following;

319H(I)

arrangements for the child's care and accommodation in the UK must comply with relevant UK legislation and regulations.

As the main applicant has not yet entered UK does this clause require her to arrange accommodation in advance for children? or just the required maintenance funds will be sufficient.

MTZ510 · Post by **MTZ510** » Tue Sep 10, 2013 6:56 pm

Now this particular situation raises one more question.

Me and my sister were given visa as entreprenural team. We intended to set up a private limited company in UK dealing in imorts.
Now can i travel to UK incorporate a company with two directors (me & sister) and then start the business while my other team member (sister) waits for her dependants application and joins me later in UK.

MTZ510 · Post by **MTZ510** » Wed Sep 11, 2013 12:51 pm

Any one ?

Post by **Lucapooka** » Wed Sep 11, 2013 12:53 pm

Not an immigration question so hardly surprising no-one has responded. Talk to your accountant.

MTZ510 · Post by **MTZ510** » Wed Sep 11, 2013 5:15 pm

MTZ510 wrote:
Lucapooka wrote:She has until her visa exoires in which to enter so there is no rush. There are no other options; the kids cannot get visas without the father getting his. Maintenance for PBS dependants can shown in their own bank account or the PBS migrant's.
Thank you dear.

please advice on following;

319H(I)

arrangements for the child's care and accommodation in the UK must comply with relevant UK legislation and regulations.

As the main applicant has not yet entered UK does this clause require her to arrange accommodation in advance for children? or just the required maintenance funds will be sufficient.

and ur opinion on 319H(I)

MD19 · Post by **MD19** » Sat Sep 14, 2013 4:02 am

hi all

MTZ510 · Post by **MTZ510** » Sat Sep 14, 2013 11:20 am

MD19 wrote:hi all

Do u have any suggetions ?

MTZ510 · Post by **MTZ510** » Mon Sep 16, 2013 7:36 pm

Lucapooka wrote:There is no use appealing what amounts to a correct decision. The immigration rules are very clear on this matter. The children can't go to the UK if the other parent is not there or applying to go with them. Wait until he is ready and all apply together.

Whats ur opinion if we reapply and submit an affidavite from father mentioning that he is busy in winding up business therefore he has no object if his children are granted visa and travel with their mother.

Will it work ?

wpilr_nov12 · Post by **wpilr_nov12** » Tue Sep 17, 2013 3:58 pm

MTZ510 wrote: Whats ur opinion if we reapply and submit an affidavite from father mentioning that he is busy in winding up business therefore he has no object if his children are granted visa and travel with their mother.

Will it work ?

What is the difficulty in all (father+children) applying at the same time? Being issued a Visa does not require you to travel if you choose not to.

MTZ510 · Post by **MTZ510** » Tue Sep 17, 2013 7:54 pm

wpilr_nov12 wrote:
MTZ510 wrote: Whats ur opinion if we reapply and submit an affidavite from father mentioning that he is busy in winding up business therefore he has no object if his children are granted visa and travel with their mother.

Will it work ?
What is the difficulty in all (father+children) applying at the same time? Being issued a Visa does not require you to travel if you choose not to.

Thanks for replying, actually his passport is expired and it will take around 45 days to get a new passport after which he can apply and we are worried that the main applicant might face problem at ariport when she arrives late (almost after 6 months) in UK.

Father has no problem in applying along with his children but he will travel after five months, do you think that he will be fine when he travels late.

wpilr_nov12 · Post by **wpilr_nov12** » Wed Sep 18, 2013 12:22 am

the father can travel with kids, spend a few days, leave kids in uk and go back to continue with whatever needed doing back home.

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