visa revoked few days after it was given

Dear Readers
There came a problem that I want to discuss that with you guys hope I will have a better idea on the next course of action
Family of 4, husband, wife, child 1 just over 7 years, child 2 just over 5 years old. None of them with valid leave to remain. child 1 went to Premier visa service for leave to remain under 7 years route(only child) and successfully applied for leave to remain. Couple of days back after they received the letter that application was approved in error and we revoke her leave to remain because of that

Could they actual withdraw in decision or revoke a decision few days after it was given? And

What should parents do about it ?

Family is in desperate need so please have your say

thanks

What is the family/parents immigration history?

Premium service should only be used for cases that are NOT complex and for cases where the applicant has existing leave to remain.

Yes, HO can revoke leave to remain if granted in error.

What exactly does the letter say? Post the contents but removed any personal information.

below is the letter contents

he was granted leave to remain as the child of a parent with leave to remain under Appendix FM of the Immigration Rules
It has been identified that this decision was given in error due to incorrect information that was entered onto our case working systems.
It is noted that Mr is not the child of a parent with leave to remain under Appendix FM of the Immigration Rules and as such the decision to grant her leave to remain has been revoked.


and history is

parent is student and other parent student depend visa revoked because college lost the licence,JR refused after full hearing, at the time of this application status was waiting for permission to appeal to court of appeal

hope above helps

So they have no legal status correct?

JR doesn't fall under the immigration rules so they have no Section 3C protection. If college is revoked, then not sure why they thought JR would be successful.

The revocation of the child is correct as the parents don't have the required leave under Appendix FM. What application form did the child complete??

it was

FLR FP

it was applied taking children private life under 7 years route as application to permission t court of appeal was in process parents thoughts its only child qualifies so lets let apply for child only.

what would now be a course of action for parents to take for child and also
I heard if it is granted even in error is irrevocable once granted is granted please correct me on this as well?

If it was granted in error then it can be revoked.

CR001 wrote: ↑

Tue Oct 17, 2017 12:19 pm

So they have no legal status correct?

JR doesn't fall under the immigration rules so they have no Section 3C protection. If college is revoked, then not sure why they thought JR would be successful.

The revocation of the child is correct as the parents don't have the required leave under Appendix FM. What application form did the child complete??

I don't agree with that, a child 7 years or over, who has lived in the UK for that length of time, do not need his or her parents to succeed.

They will succeed if it is unreasonable to expect them to leave the United Kingdom within Section 276ADE.

That person will be entitled to leave without the parent.

It seems to me that this was the basis of the application. The refusal seems wholly unlawful.

It appears they noted that the parents may wish to apply behind the back of the child, and therefore they did this to block that avenue.

It is wholly wrong for them to give such clumsy reason for revocation, without even the decency of giving a right of appeal.

Obie wrote: ↑

Tue Oct 17, 2017 5:10 pm

CR001 wrote: ↑

Tue Oct 17, 2017 12:19 pm

So they have no legal status correct?

JR doesn't fall under the immigration rules so they have no Section 3C protection. If college is revoked, then not sure why they thought JR would be successful.

The revocation of the child is correct as the parents don't have the required leave under Appendix FM. What application form did the child complete??

I don't agree with that, a child 7 years or over, who has lived in the UK for that length of time, do not need his or her parents to succeed.

They will succeed if it is unreasonable to expect them to leave the United Kingdom within Section 276ADE.

That person will be entitled to leave without the parent.

It seems to me that this was the basis of the application. The refusal seems wholly unlawful.

It appears they noted that the parents may wish to apply behind the back of the child, and therefore they did this to block that avenue.

It is wholly wrong for them to give such clumsy reason for revocation, without even the decency of giving a right of appeal.

My misunderstanding then. There could be more to this case than is being posted too.

thanks for your coming posted

there is nothing more to this case than posted
parents and children no leave to remain at the time of application but permission to court of appeal in process.
elder child to be over 7 and being only qualifying based up on being in UK for 7 years successfully applied using flr fp.
few days after the decision informed that it was been revoked because it was given in error

I mainly have two questions to be answered

1. can they actually revoke the visa even if it was given in error, because information provided in application form were correct and in line with parents of the child and child himself immigration status and everything else relating to the case. no information was hidden.
2. course of action to take Jr or their own compliant/ grievance procedure etc? for this I would also request the relevant provisions that secure child's position(that a child not necessarily need to be supported by the parents status under 7 years provision) and under the provision they later decided to revoke the leave

waiting for your valuable suggestions ...

Let me ge this straight, no one in this family has valid leave to remain?

My position is this, even if they were within their rights to revoke the residence, which i do not believe they were, for variety of reasons, your child was nevertheless entitled to a right of appeal, as the revocation essentially breaches the child's convention rights, and the failure of the decision maker to grasp that deficiency in their decision, is quite worrying.

I am not talking like this because I am a parent of the victim child but its cruel, unusual and bizarre what makes it more difficult to understand is no right to appeal, just a letter

now I think we are left with only one option which is JR or ...are there any ways we could request further information on this case and way forward?

what about the fee and the IHS charges paid? dnt you guys think if they consider themselves at fault they should have mentioned about fee and charges paid for this application?

I cannot refuse to accept written by Obie that it must have been difficult for them to accept that accepting one we are going to accept rest of the family members as well then decision was given in error that it has not been in error as facts were disclosed and provided with the application.

any more thoughts please

this forum has been a lot of help to those in need and I would request users and experts should maintain the legacy of providing constant help

Regards

Why dont you go to the same premium service centre and perhaps have a chat with them. You can request to speak to someone senior there(like senior caseworker or maybe someone at the top) and argue your case. To the least you can argue about refunding your fees and right of appeal.

The OP can't just turn up at a PSC, they will need an appointment.

ksa12345 wrote: ↑

Thu Oct 19, 2017 12:38 pm

any more thoughts please

this forum has been a lot of help to those in need and I would request users and experts should maintain the legacy of providing constant help

Regards

My view is that you file in a notice of appeal against the decision, and state on the form that the revocation amount to a refusal of a human right claim, and hence there is a right of appeal, unless the Secretary of State issues a clearly unfounded certificate, which she has not done in this case.

That will be the best and candid advise i can offer.

Judicial review will fail, as there is a right of appeal, notwithstanding the invalid decision failing to provide you with a valid notice of decision setting out your child's right of appeal.