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Daughter Dependent Visa Refused. Need to Appeal. need info

Archived UK Tier 1 (General) points system forum. This route no longer exists.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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funtuhi
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Posts: 1
Joined: Sat Oct 18, 2008 9:18 am

Daughter Dependent Visa Refused. Need to Appeal. need info

Post by funtuhi » Sat Oct 18, 2008 9:33 am

Hi, need some urgent help.

My family consists of three people, me, my wife and my daughter.
Maintenance fund for self and daughter were maintained in my account.
Wife maintains her own account (for maintenance fund).

My situation is as given below:
1. last date to apply for EC was nearing so me and my daughter applied for the same.
2. Wife would have sufficient funds by end of next month so decided to apply after a month

3. To make application full proof, i mentioned the exact reason why my wife was not applying with me and my daughter.

4. We submitted, marriage proof, hotel booking, clearly indicating that all the three of us would be travelling together and a copy of her statement indicating the reason why we were not applying for all three right now.

Unfortunately, the ECO gave me EC but did not give my daughter EC saying that there seems to be some problem since your wife is not applying along with you.

It is strange that after mentioning so many times and also providing the necessary proofs, such a decision was made. I have been now asked to apply for Appeal and not to review.

1. I want to know what is the procedure for Appeal?
2. How long does it take?
3. what are the odds, is it actually worth appealing or should I appeal?
4. If I have applied for appeal and if it is taking very long, can I also apply for normal EC again for my daughter?

Would really appreciate some advise on this.

Thanks in advance,
Funtuhi

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Sat Oct 18, 2008 12:29 pm

Children wrote:In order to be given entry clearance or permission to stay, a child must meet the conditions set out in the immigration rules at paragraph 319H of part 8, which you can find on the right side of this page.
In particular, 319H(f)!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jedi001
Member of Standing
Posts: 271
Joined: Sat Mar 22, 2008 9:30 am
Location: UK
Mood:
United Kingdom

Post by Jedi001 » Sun Oct 19, 2008 7:48 am

vinny wrote:
Children wrote:In order to be given entry clearance or permission to stay, a child must meet the conditions set out in the immigration rules at paragraph 319H of part 8, which you can find on the right side of this page.
In particular, 319H(f)!
Adding the exact paragraph for you:

319H. Requirements for entry clearance or leave to remain
To qualify for entry clearance or leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, entry clearance or leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(f) Both of the applicant's parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant, unless:

(i) The Tier 1 Migrant is the applicant's sole surviving parent, or

(ii) The Tier 1 Migrant parent has and has had sole responsibility for the applicant's upbringing, or

(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant's care.

I think on the above ground CW has rejected your (funtuhi) application.

Just wanted to add more....might help in filling Admin review.

Regards

Jedi001

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