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"MY Son Application refused"

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babaty2k02
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"MY Son Application refused"

Post by babaty2k02 » Sun Nov 12, 2017 7:01 pm

Please kindly help. I am asking the question for a friend.
I don't know if this is the right forum to ask, so please pardon me for that.
The application was made on the form APPENDIX 1 (VAF 4S JULY 2012) FAMILY SETTLEMENT AND FAMILY REUNION.

I tried to attached the reason for refusal, but sating file too large (unfortunately).

Please can anyone kindly direct where the document specific for this appeal can be printed AND online link if appealing online.

Thank you

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Re: "MY Son Application refused"

Post by New on forum » Sun Nov 12, 2017 7:15 pm

babaty2k02 wrote:
Sun Nov 12, 2017 7:01 pm
Please kindly help. I am asking the question for a friend.
I don't know if this is the right forum to ask, so please pardon me for that.
The application was made on the form APPENDIX 1 (VAF 4S JULY 2012) FAMILY SETTLEMENT AND FAMILY REUNION.

I tried to attached the reason for refusal, but sating file too large (unfortunately).

Please can anyone kindly direct where the document specific for this appeal can be printed AND online link if appealing online.

Thank you
If there is a right of appeal then appeal form should be with the refusal letter.

babaty2k02
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Nigeria

Re: "MY Son Application refused"

Post by babaty2k02 » Sun Nov 12, 2017 10:45 pm

Thank you for responding. Unfortunately the appeal form is not with the returned pack, hence the reason I need to know where to print off the appeal form relevant to this application. Any other advise will also be appreciated as we have about 5 days remaining out of the 28 days (I will still find a way to attach the refusal reason)

Thank you

babaty2k02
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Re: "MY Son Application refused"

Post by babaty2k02 » Sun Nov 12, 2017 11:07 pm

Kindly let me know if I am right. See below (Is this the right form?)

http://formfinder.hmctsformfinder.justi ... -6-eng.pdf

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CR001
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Re: "MY Son Application refused"

Post by CR001 » Mon Nov 13, 2017 12:57 pm

Can you type out the exact reason for refusal, taking out any personal information??
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babaty2k02
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Re: "MY Son Application refused"

Post by babaty2k02 » Mon Nov 13, 2017 2:11 pm

REASONS FOR REFUSAL

"On xxx date you made an application for entry clearance to the UK under paragraph 297 of the immigration rules on the basis of your family life with NAMED SPONSOR.

Your application has been considered under those rules, and with reference to Article 8 of European Convention on Human Rights. The relevant immigration rules can be viewed on gov.uk here: www.gov.uk.......

This decision takes into account as a primary consideration your best interests as a child, and those of any other relevant child, in line with section 55 of the Borders, Citizenship and immigration Act 2009.

You have applied for entry clearance to join NAMED SPONSOR in the UK and you state that she is your mother. I note that you have not provided a completed Appendix 1 with your application. Whilst I am aware that this is not a mandatory document, it is useful as it sets out you and your sponsor's current circumstances and how you expect to meet the requirements of the immigration rules.

To evidence that your sponsor is your mother you have provided a birth certificate. This document states that the sponsor is your mother and I note that no father is listed. However, I am not satisfied that this document in isolation sufficiently demonstrates that you are related to your sponsor as claimed or she is solely responsible for you. I note that your sponsor applied for a student visa on DATE/2008 (reference number) and on her application she stated she had mo children. I note that you have provided evidence that your sponsor has sent you money in the last couple of years; however I note that you have provided no photos of you and your sponsor's together, or evidence that she has travelled to the Home Country since she arrived in the UK. It is also not clear what your current living arrangements in your home country are, or whether or not these are able to continue. I am not satisfied that one of your parents is present and settled in the UK and has the sole responsibility for your upbringing. I therefore refuse your application under paragraph 297(e)."

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CR001
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Re: "MY Son Application refused"

Post by CR001 » Mon Nov 13, 2017 3:05 pm

How old is the child?

Where is the child?

Who does the child live with?
Char (CR001 not Casa)
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babaty2k02
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Re: "MY Son Application refused"

Post by babaty2k02 » Mon Nov 13, 2017 3:10 pm

The child is 15 yrs.

Lives in home country.

Presently living with parents of sponsor (i.e grandparents)

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CR001
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Re: "MY Son Application refused"

Post by CR001 » Mon Nov 13, 2017 4:58 pm

I note that your sponsor applied for a student visa on DATE/2008 (reference number) and on her application she stated she had mo children.
This will be one of the things that will need to be overcome after stating 9 years ago that she had no children, when clearly she did if the child is 15. Lying to HO is never a good idea.

What is the mother's current visa/immigration status??

Where is the child's father?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

babaty2k02
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Re: "MY Son Application refused"

Post by babaty2k02 » Mon Nov 13, 2017 5:15 pm

Thanks sir.
Yes, as noted, that's a very hard point to beat, but the sponsor said it could have been an error then but doubt if she'd actually filled as claimed.

The mother got married in 2013 to a British. On ILR.

At birth, till present, there's no known father hence the reason name is not on the certificate.

Contrary to the ECO view, since the sponsor travelled from home country to the UK in 2008, she always travel to home country every two years (stamps on her passport) and also loads of photos of both from when the applicant was a baby up to when he was 14 yrs, all taken in home country. And also there have been remittances dated back to 2009 till present relative to what the ECO view as "some couple of years".
We are trying to appeal but don't know exact form tp specifically use, hence the reason for asking for help.

Thank you sir.

malik0543
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Re: "MY Son Application refused"

Post by malik0543 » Mon Nov 13, 2017 7:38 pm

Hi babaty2k02


You can get DNA Test, also can provide antenatal records etc

also you can provide them explanation about error on the first mother application on which she stated that she had no child.

also can provide letters from grandparents to confirm about child and mother relationship etc

also when mother is getting British citizenship ? as it make her sons case more stronger.

babaty2k02
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Re: "MY Son Application refused"

Post by babaty2k02 » Mon Nov 13, 2017 8:32 pm

Thanks @Malik0543

Yes, all these are what we are planning to do. Hence the need to know the right appeal form to fill. We have about or less than 5 working days now. Could someone just help/advice on the relevant appeal form. I saw this, is it the right form?
http://formfinder.hmctsformfinder.justi ... -6-eng.pdf

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Re: "MY Son Application refused"

Post by Obie » Mon Nov 13, 2017 9:52 pm

It is an appealable decision. Did the decision notice set out appeal rights. IAFT 6 may be an appropriate form if appeal right exist.

http://hmctsformfinder.justice.gov.uk/H ... ms_id=2982
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