URGENT*To Appeal or Not?Refusal issued to Daughter of Brit

[Mpatel]

Hi,
Visa application was lodged at BDHC, Bombay under "'Indian Child - applying to join the sole British parent in UK'"
I have just been handed a Refusal-of-Entry-Clearance with following reasons :
(1) There is an existing Legal Guardian in India and hence the British Parent doesn't have 'Sole Responsibility'. (We have since applied for the Legal Guardianship to be removed and should get it within a week now).
(2) I fell short of the required £18,600 Gross income. (I have now updated payslips and also healthy bank balance and hence can provide that too).
My questions are :
(A) Should I send the IAFT-2 to First-Tier-Tribunal (Loughbourough) or the BDHC, Bombay - which refused the application ?
(B) When I send the IAFT-2, do I send the whole package with all documents originally submitted OR do I just send the new documents mentioned above ?
(C) How long does the process usually take via each method (Loughbourough and Bombay) ? Approx times appreciated.
(D)** Most important ** Shall I turn down the offer to Appeal and re-apply ? Are there any restrictions in doing so ?

Quick help much appreciated !
MPatel

[bhargav24]

hi I think you should go to a good solicitor and ask him.you need £22400 salary at time of application not at appeal hearing.you have to prove that from last sex months. GOOD NEWS MAY IS THAT NEXT MONTH IF SUPREME COURT GIVE decision in our favour about salary .then it will be different .

[bhargav24]

IF you are British.why not register your baby as British in India.if your baby born after you become British then easy for you.if you are British born very easy. check all these conditions as well.

[Mpatel]

Bhargav,
Thanks.
The baby was born before I became British Citizen, So the baby cannot be registered as British. The baby has an Indian passport now.
Thanks for the Supreme Court case ! I will keep that in mind.
Two question :
(1) The Immigration officer did not consider the step-father's income at all. The Step-father is British and lives, in UK with the mother of the child. Can somebody comment on this, whether if the immigration officer was right or wrong ??
(2) Actually, I am still not sure whether if the Immigration officer was right in asking for financial requirement AT ALL???
..because according to my interpretation the Immigration-rule 297 a British Parent sponsoring an Indian child DOES NOT need to show any minimum financial requirement. The British Parent just need to show adequate accomodation.
Can somebody comment on both above points please ?

Regards
M

[bhargav24]

you are applying for settlement visa so you have to full fill these requirements.you have to adopt the child then they can consider your income. income threshold case may be heard 3 or 5 march.by S court.

[Mpatel]

Hmm
Can I re-apply and introduce the stepfather (who earns lots of money) as a JOINT sponsor ??

[Mpatel]

Anybody who can answer above ?
Is joint sponsorship an established concept in the Settlement-Visa process ??