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Baby born in UK dependent visa refused

Only for UK Tier 1 (Entrepreneur) points system. This route is now closed to new applicants.

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Saif1987
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Baby born in UK dependent visa refused

Post by Saif1987 » Mon Mar 12, 2018 3:38 pm

I am in the UK on tier 1 (entrepreneur) visa and with me my wife and my older son as a dependent and they applied abroad and was granted successfully.
We had a new baby in the UK and when applied for his residency permit it was refused and we got a letter showing we have 14 days to apply for adminstrative review or leave the country.
My question is can we re apply again since I know what the error in the first application was.
Or we have to leave and reapply from abroad.
And as additional note the baby passport and birth certificate is still held by the home office
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CR001
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Re: Baby born in UK dependent visa refused

Post by CR001 » Mon Mar 12, 2018 3:51 pm

What was the reason for refusal??
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marcnath
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Re: Baby born in UK dependent visa refused

Post by marcnath » Mon Mar 12, 2018 4:02 pm

Saif1987 wrote: ↑
Mon Mar 12, 2018 3:38 pm
 I am in the UK on tier 1 (entrepreneur) visa and with me my wife and my older son as a dependent and they applied abroad and was granted successfully.
We had a new baby in the UK and when applied for his residency permit it was refused and we got a letter showing we have 14 days to apply for adminstrative review or leave the country.
My question is can we re apply again since I know what the error in the first application was.
Or we have to leave and reapply from abroad.
And as additional note the baby passport and birth certificate is still held by the home office
Quite a few questions here.

1) As CR001 asked, what was the reason for refusal
2) You say you applied for residency permit. You should have applied for a dependant's visa - what residency permit did you apply for ?

Since the new baby was born in the UK, you shouldn't even need to apply for a Visa unless you are planning to travel abroad. So I am surprised HO says you (or rather the baby) needs to leave the country.
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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Saif1987
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Re: Baby born in UK dependent visa refused

Post by Saif1987 » Mon Mar 12, 2018 7:07 pm

thank you for the respond

1) the reason for refusal was the bank statement came to short several days. I requested a 90-day statement but because of the lack of activity for several days it came to short about 85 days instead of 90

2) sorry for the not expressing my self the right way. I applied for Tier 1 dependent visa that will lead eventually to a Biometric residency permit.

that is exactly what happened we were planning to travel during the summer and for that reason, I applied for a visa.
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marcnath
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Re: Baby born in UK dependent visa refused

Post by marcnath » Mon Mar 12, 2018 7:48 pm

You have two options.
1) go for an AR. It is not clear how the shortage happened. Is the 1st transaction in the statement 85 days back from the date of the statement? Or is the last transaction 85 days after the 1st transaction? Either way, you can try arguing that evidential flexibility should have been used and additional document requested. And send in a statement showing that you actually had the funds for 90 days. Not a very high chance of success but worth trying.
2) make a fresh application with the correct maintenance statements
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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inaam.cs
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Re: Baby born in UK dependent visa refused

Post by inaam.cs » Mon Mar 12, 2018 7:49 pm

Sorry to hear about it. I'm sure senior members will suggest you something.
Can I please ask about the date, when did you apply for your child's dependent visa?
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Saif1987
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Re: Baby born in UK dependent visa refused

Post by Saif1987 » Mon Mar 12, 2018 7:57 pm

marcnath wrote: ↑
Mon Mar 12, 2018 7:48 pm
 You have two options.
1) go for an AR. It is not clear how the shortage happened. Is the 1st transaction in the statement 85 days back from the date of the statement? Or is the last transaction 85 days after the 1st transaction? Either way, you can try arguing that evidential flexibility should have been used and additional document requested. And send in a statement showing that you actually had the funds for 90 days. Not a very high chance of success but worth trying.
2) make a fresh application with the correct maintenance statements
Thank you for the respond. Option 2 is what I am looking for. so I am allowed to reapply even if the refusal letter did not mention that option
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Saif1987
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Re: Baby born in UK dependent visa refused

Post by Saif1987 » Mon Mar 12, 2018 8:00 pm

inaam.cs wrote: ↑
Mon Mar 12, 2018 7:49 pm
 Sorry to hear about it. I'm sure senior members will suggest you something.
Can I please ask about the date, when did you apply for your child's dependent visa?
I applied on the 14th of January and received the refusal letter on the 8th of march which contained a statement that the decision was made on the 5th of march
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marcnath
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Re: Baby born in UK dependent visa refused

Post by marcnath » Mon Mar 12, 2018 8:43 pm

Saif1987 wrote: ↑
Mon Mar 12, 2018 7:57 pm
marcnath wrote: ↑
Mon Mar 12, 2018 7:48 pm
 You have two options.
1) go for an AR. It is not clear how the shortage happened. Is the 1st transaction in the statement 85 days back from the date of the statement? Or is the last transaction 85 days after the 1st transaction? Either way, you can try arguing that evidential flexibility should have been used and additional document requested. And send in a statement showing that you actually had the funds for 90 days. Not a very high chance of success but worth trying.
2) make a fresh application with the correct maintenance statements
Thank you for the respond. Option 2 is what I am looking for. so I am allowed to reapply even if the refusal letter did not mention that option
A
Yes, you can reapply with 14 days of refusal in all cases. As your baby is born here and cannot be an overstayer, you can apply at any time if the baby has not left the country before
My comments are in no way meant to be advisory. I have no professional knowledge of immigration. These are based on my own experience, convictions and personal interpretation of publicly available information.
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vinny
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Re: Baby born in UK dependent visa refused

Post by vinny » Mon Mar 12, 2018 10:14 pm

I think they should have granted leave to the baby under the UK-born child rules.

Note that at the moment, the baby has no leave to overstay, so should not have to depart from the UK.

Immediately after they grant a parent ILR, baby will be entitled to register as a British citizen.
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