Student Dependant Refused ( URGENT HELP NEEDED )

Hi Friends , i have applied for a PBS Tier.4 ( General ) dependant from Chennai , India and my visa got refused . My Wife already holds a Student visa for her Masters degree in UK and basing on that i have applied for a Dependant visa . My visa refusal letter says that i have not submitted TB Screening document while submitting application however they have considered my other documents .

But the facts are i have been in UK for about 5 years and my last grant was as Tier.2 (General) visa holder and at the time of visa application i still have my Tier.2(General) visa valid . But as i have been outside UK for about 2 months ( At the time of applying Tier.4(General) dependant ) i was not required to give the TB screening document basing on these facts below .

Who does not need to be tested?
Applicants in the following categories are exempt from the tuberculosis test requirement:

diplomats accredited to the UK;
returning residents (unless they have been absent from the UK for more than 2 years);
Certificate of entitlement holders (right of abode in the UK); and
children under 11 years old (unless deemed necessary by a clinician).

Now , i don't understand weather my refusal was legitimate or they have refused my visa application for the wrong reasons .
If for the wrong reasons , is there anything that i can do legally .

However , i have reapplied for the visa again by submitting the TB screening document on 16-12-13 but till today its pending .

Any suggestions regarding my case will be gratefully received and appreciated.

Returning resident means:

http://www.ukba.homeoffice.gov.uk/visas ... residents/

A resident is someone who has been given permission to stay in the UK without any time limit. A returning resident is a resident who left the UK and wants to come back to live here again.

So, you wouldn't be a returning resident.

thanks buddy . your reply was of very great help . However , do you think this refusal reason of mine " TB Screening Document not included " will be any milestone to me if i qualify and apply for a Indefinite leave to remain under the 10 years period ?

When you left the UK (to apply for dependant visa) & you had existing leave (Tier 2), even if your visa is refused once from India, if you subsequently get dependant visa within the 6 months of leaving the UK then your continuous residence (10 years) is not broken.

thanks for getting back friend , any idea about the rumours that there would be NO 10 years ILR in the future ? Cheers .

dxbtouk wrote:thanks for getting back friend , any idea about the rumours that there would be NO 10 years ILR in the future ? Cheers .

Rumors are only rumors, so I don't want to be part of them.

Yes You are right they cant reject you as it clearly saying here,

Who doesn’t need to be tested

You won’t need a TB test if any of the following apply:

you’re a diplomat accredited to the UK
you’re a returning UK resident and haven’t been away for more than 2 years
you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months
means that you were in UK which count in same list under free TB

So what was the result of this? Was your appeal successful?

I am quite scared now as I don't have any TB testing done because I'm going to leave the UK on July 26 2016 to switch to a tier 4 visa and my intended date of arrival in the UK is September 10 2016.

So under the existing rules:

you lived for at least 6 months in a country where TB screening is not required by the UK, and you’ve been away from that country for no more than 6 months


I don't need a TB test.

Surely I won't be rejected under medical grounds like this person?

I think the current rules (as on 2016) TB certificate is not mandatory if we have returned from low risk countries within 6 months.

Somebody please confirm.