EC-C: Entry clearance as a child of settled person - Refused

[Rajender1983]

Hi,

I am on ILR (Issued this Jan 2016) and my wife is on PBS dependant leave to remain (she came to UK after July 2012 and she is not eligible for ILR/settlement and therefore she extended as PBS dependent).

My child is born in India and I had applied for 'Entry clearance as a child of settled person' but my application has refused for following reason:

Applicant should meet all the requirements of E-ECC.1.2 to 2.4 but you did not meet the requirement of E-ECC.1.6 because your mother does not hold leave to enter or remain as a partner issued under Appendix FM. Instead, your mother hold leave to remain as the spouse of a point based system migrant and the leave was issued under part 8 of immigration rules.
(https://www.gov.uk/guidance/immigration ... ly-members)

I have also considered whether you might qualify for settlement under paragraph 297 of the immigration rules but I have seen no evidence that you meet those requirements.
- Your mother is not settled in the UK. she only holds limited leave to remain as the dependant of a point based system migrant.
- I have seen no evidence that your father has had sole responsibility for your upbringing. The documents submitted with your application clearly evidence taht both of your parents have shared responsibility for your upbringing.
(I actually saved maintenance funds in joint account. Shouldn't I save in joint account?)
- In addition, I am not satifsfied that you have demonstrated any serious and compelling family or other exclusions. I am mindful that your mother is free to make an application for settlement.

What should I do in this case?

Can someone please advice.

Many Thanks,
Raj

[CR001]

Why have you started a new topic/thread with exactly the same question when you are already getting answers in your topic you started yesterday.

Asking the same question again in a new topic will not change the answer.

http://www.immigrationboards.com/immigr ... l#p1331227