Tier1 General Dependant Application refused from India

Hello,

I have a query and would appreciate some clarification on this. I am Tier 1 general visa holder and have been in the UK since 2010 under this category.

My wife has made her dependant application from Chennai, India on the 20th of may and they refused her application stating the following

"Part 1 paragraph a39 of HC 395 (amended) requires a person from india making an application for entry clearance to the UK for more than six months to present a valid medical certificate by a medical practitioner listed in Appendix T, part 2 confirming that they have undergone screening for active pulmonary tuberculosis and that this tuberculosis is not present in the applicant. You have failed to provide such a certificate

I have therefore refused your application under paragraph 320 (8A) of HC 395 (as amended) for failing to supply aTB certificate as required by an Entry Clearnance officer

In view of the above circumstances, I am not satisfied that you meet the requirements of paragraph 319C (a) of HC 395 (as amended of the immigration rule)"


we accept that the mistake was ours in not providing the TB certificate.

we had appointed a lawyer in India and he had a look and said that because it 319C (a) is not met we can only appeal and not reapply.

319C (a) says

(a) The applicant must not fall for refusal under the general grounds for refusal, and if applying for leave to remain, must not be an illegal entrant.

My understanding is that we can apply again with the TB certificate and this time it should be fine. Am i right in assuming this?

Please let me know at the earliest.

Many thanks.

based on previous experiences I think you are correct

Since you have already taken legal help, ask your lawyer why he said that because it 319C (a) is not met you can only appeal and not reapply. Ask him how he came to that conclusion.

Hi firefox_989,

I am also in the same situation like you now.

Dependants visa applied: August 2014
Rejected for 320(8A) and 319C (a).

Have you succeeded by re-applying, please respond since this is very urgent for me.

Many thanks.

It's not true. You can doappeal but it will be turned down as well. Only option is to re-apply with the TB Certificate. It's nota big issue to seek lawyer advise. Just re-apply with required doc.

Thank you Northpole

Dear all,

I am on tier 1 genernal. I have applied for daughter as my dependent. She is 1 year & 7 months old. Her appointment is on 21st August 2014. I am confused, Do i need to submit TB test for her as well?

I guess you should take your child to a clinic and they might do some checkup and issue a certificate. See from the link
https://www.gov.uk/tb-test-visa/overview

North Pole wrote:I guess you should take your child to a clinic and they might do some checkup and issue a certificate. See from the link
https://www.gov.uk/tb-test-visa/overview

Thanks.

URGENT HELP NEEDED Please :

I will be applying for my wife's dependant visa very soon. Category - Tier 1 General Dependent. However the online form seems to be confusing to us.

My wife will apply through her login details:

Passport/travel document - Her details which also includes name/dob details
Personal details/travel history - her details again
Family history - they are asking for spouse/partner details (which will be mine)
Medical treatment - her details
Maintenance - relevent info
MAIN APPLICANT - this where the confusion is. they are asking for name/dob/passport details. now whose details do we have to enter. Am i going to be the main applicant or my wife . if its me (main applicant) then do we have enter my same details again which we have entered under family history (spouse details) , it seems mostly likely the details must need to be repeated but we are not sure whose details we have to enter

PLEASE REPLY URGENTLY BECAUSE WE WILL BE APPLYING ON 17-8-2014.

People who have recently applied can be massive source of help.

Urgent response is much appreciated.

Many Thanks

Main applicant is YOU.
And don't forget to attach your communication evidence.
Like emails, phone call history etc.

london50 wrote:Hi firefox_989,

I am also in the same situation like you now.

Dependants visa applied: August 2014
Rejected for 320(8A) and 319C (a).

Have you succeeded by re-applying, please respond since this is very urgent for me.

Many thanks.

Hi London50,

The same thing happend to me also. We have submitted the dependent visa from India and it is rejected with the following reason.

Dependants visa applied: Sept 2014
Rejected for 320(8A) and 319C (a).

Please respond how you made this reapply. Really need your inputs.

Thanks in advance