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Adelomon
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Child Settlement Visa Denied. What to do next?

Post by Adelomon » Fri Jan 18, 2019 8:43 am

Hi. I’m Ade from Nigeria and I’m 17 years old. My dad has an ILR in the UK and I live in Nigeria. He applied for a settlement visa for me so I could come live with him in the UK as a dependent before I’m 18. I missed my admission and I have to take a gap year due to the delay in the visa processing. After waiting for so long, I finally got a decision On my application yesterday, and it was refused because the home office said there is no proof of genuity in my relationship with my own father. Despite the fact that we sent pictures of our chats video calls and voice calls, documents of him sending money to me monthly, paying my school fees, we even sent the result of our DNA Test! I’m really confused and shattered because my dad said the lawyer wants to appeal to the court but From what I’ve seen online, it’s a very lengthy process and I don’t have much time...I need to go to school at least and I’ll be 18 by June. I feel this is a trick used by the home office as they clearly have all the evidence they need...it’s not his wife he’s applying for, its his own daughter. And I believe the refusal on such unreasonable grounds after seeing a dna test is a breach of right to family life. I really don’t see what other proof they need for genuine relationships between PARENTS AND THEIR CHILDREN even after compelling them to take dna tests. I’m really confused because I heard appeals take about 6 to 12 months and I don’t have much time. how long will an appeal take? If We’re to apply again I fear they’ll refuse it for the same petty reason and I really don’t know how else to prove genuity of my relationship with my dad after all the documents and pictures. Is there something we can do to avoid refusal on this basis if we reapply again? Because we’ve sent all the proof we have. Or can we just do an administrative Review...I heard that takes less time, before or exactly 28 days. But what if they refuse it again on the same grounds? I’m really confused. Someone please help

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Re: Child Settlement Visa Denied. What to do next?

Post by vinny » Fri Jan 18, 2019 8:59 am

Is your mother with your father?
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.

post
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Re: Child Settlement Visa Denied. What to do next?

Post by post » Fri Jan 18, 2019 10:15 am

Did you provide your birth certificate as a prove of the relationship between you father and you?

Did they inform why the DNA test results were not considered?

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Re: Child Settlement Visa Denied. What to do next?

Post by secret.simon » Fri Jan 18, 2019 9:21 pm

The UK immigration status of children born abroad is inline with that of the less-privileged parent. Therefore, as Vinny has asked above, is your mother in the UK with your father and if so, what is her UK immigration status? Alternatively, can your father prove sole responsibility for you?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Adelomon
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Child settlement visa refused

Post by Adelomon » Mon Feb 25, 2019 10:13 am

Hello, I wanted to get some answers on my refusal...and was hoping you could be of some assistance really.
I’m 17, my dad is settled in the UK .My visa was refused on the grounds that I didn’t submit a tuberculosis test report, I understand that it was from the fault of the lawyer we used, and ignorance on our parts. But we’ve done that for the next application. Although I hear it’s the law of the country to wait 3 months before we can reapply , is this true please?? The second reason was the officer doubted genuity of relationship. She said there’s no proof even though we submitted dna result, birth certificate, pictures of our calls, chats, documents of him sending me monthly allowances, school fees. All documents showed that he has sole responsibility of my well being. My mum already gave her consent letter. Although we only sent just one picture because that’s all we have. We rarely take pictures...it’s one thing we have in common. and he doesn’t leave the UK much because of his job. Which is why he wants to bring his daughter to live with him as soon as possible. I really don’t know if rejecting a child visa on such grounds after seeing a dna result is even legal. This is the only part that scared me because they might use this petty reason to refuse me again. I’m applying as his child not his spouse. How else do I prove genuine relationship please? Do we need to write an affidavit or something? I really need your answers and advice on this please.😭😭

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Re: Child Settlement Visa Denied. What to do next?

Post by Adelomon » Mon Feb 25, 2019 10:14 am

vinny wrote:
Fri Jan 18, 2019 8:59 am
Is your mother with your father?
No, they’re legally divorced

Adelomon
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Re: Child Settlement Visa Denied. What to do next?

Post by Adelomon » Mon Feb 25, 2019 10:17 am

post wrote:
Fri Jan 18, 2019 10:15 am
Did you provide your birth certificate as a prove of the relationship between you father and you?

Did they inform why the DNA test results were not considered?
We provided everything. All documents were submitted. I believe they refused because we only provided one picture, but that’s really all we have. I’m not a picture person honestly, and my baby pictures are nowhere to be found, which was why we provided as much evidence as possible.

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Re: Child Settlement Visa Denied. What to do next?

Post by Adelomon » Mon Feb 25, 2019 10:19 am

secret.simon wrote:
Fri Jan 18, 2019 9:21 pm
The UK immigration status of children born abroad is inline with that of the less-privileged parent. Therefore, as Vinny has asked above, is your mother in the UK with your father and if so, what is her UK immigration status? Alternatively, can your father prove sole responsibility for you?
All documents submitted proved that he has sole responsibility of me. My parents are legally divorced and my mum stays in Nigeria but I live with my paternal grandma. She gave her consent for me to live with my dad in a letter

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Re: Child settlement visa refused

Post by CR001 » Mon Feb 25, 2019 10:20 am

Although I hear it’s the law of the country to wait 3 months before we can reapply , is this true please??
Not true. You can reapply at any point.
The second reason was the officer doubted genuity of relationship. She said there’s no proof even though we submitted dna result, birth certificate, pictures of our calls, chats, documents of him sending me monthly allowances, school fees. All documents showed that he has sole responsibility of my well being. My mum already gave her consent letter. Although we only sent just one picture because that’s all we have. We rarely take pictures...it’s one thing we have in common. and he doesn’t leave the UK much because of his job. Which is why he wants to bring his daughter to live with him as soon as possible. I really don’t know if rejecting a child visa on such grounds after seeing a dna result is even legal. This is the only part that scared me because they might use this petty reason to refuse me again. I’m applying as his child not his spouse. How else do I prove genuine relationship please? Do we need to write an affidavit or something? I really need your answers

Without your mother applying to go with you on a settlement visa, the chances of getting one for you is a bit slim.

immigration-for-family-members/sole-res ... 13087.html

If you mother had to give consent then your father does not have sole responsibility.
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Adelomon
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Re: Child Settlement Visa Denied. What to do next?

Post by Adelomon » Mon Feb 25, 2019 10:21 am

vinny wrote:
Fri Jan 18, 2019 8:59 am
Is your mother with your father?
No, they’re legally divorced.

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Re: Child settlement visa refused

Post by Adelomon » Mon Feb 25, 2019 10:26 am

If you mother had to give consent then your father does not have sole responsibility.
[/quote]

She wrote a letter stating that my father has sole responsibility of the child and that she has no problem with me staying with my dad.

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Re: Child settlement visa refused

Post by vinny » Mon Feb 25, 2019 10:31 am

You may appeal and/or reapply, asap, before you are eighteen with evidence of sole responsibility and relationship. Don't know why they apparently ignored the DNA test, etc.
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.

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Re: Child settlement visa refused

Post by Adelomon » Mon Feb 25, 2019 10:37 am

vinny wrote:
Mon Feb 25, 2019 10:31 am
You may appeal and/or reapply, asap, before you are eighteen with evidence of sole responsibility and relationship. Don't know why they apparently ignored the DNA test, etc.
We already proved sole responsibility,
How else do we prove genuine relationship please

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Re: Child settlement visa refused

Post by vinny » Mon Feb 25, 2019 11:40 am

How did you prove sole responsibility? Did they accept that as satisfied?

To prove relationship, I would have thought DNA and parents' marriage certificate and child's birth certificate, etc., would do.
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.

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Re: Child settlement visa refused

Post by Adelomon » Mon Feb 25, 2019 11:47 am

vinny wrote:
Mon Feb 25, 2019 11:40 am
How did you prove sole responsibility? Did they accept that as satisfied?

To prove relationship, I would have thought DNA and parents' marriage certificate and child's birth certificate, etc., would do.
We showed all financial documents of him paying my school fees and sending monthly allowances. We even got a letter from the school stating how he pays my fees and other social activity fees for them. I believe they were satisfied with that. The genuine relationship thing is what I’m very confused about. We really don’t have pictures but are all the calls chats dna test birth certificate and financial evidence provided not enough for them? It’s not a spouse visa, it’s for his biological child. I’m really scared because I feel they’ll use this childish reason to refuse me again. Do you know how else we can prove genuine relationship?

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Re: Child settlement visa refused

Post by CR001 » Mon Feb 25, 2019 11:50 am

Could you post (type) the exact wording as it appears in your refusal letter, just blank out personal details??
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Re: Child settlement visa refused

Post by Adelomon » Fri Mar 01, 2019 10:39 am

vinny wrote:
Mon Feb 25, 2019 10:31 am
You may appeal and/or reapply, asap, before you are eighteen with evidence of sole responsibility and relationship. Don't know why they apparently ignored the DNA test, etc.
Can an administrative review work in this case please?

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Re: Child settlement visa refused

Post by Obie » Fri Mar 01, 2019 8:03 pm

This is a human right case, admin review is not applicable. Your lawyer could apply for expedition in a case of this sort. It usually works.

Proof of relationship is easy, DNA test and a birth certificate is sufficient to prove relationship. I strongly believe the problem you are facing is proving Sole Responsibility.
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Re: Child settlement visa refused

Post by Adelomon » Tue Apr 09, 2019 2:59 pm

CR001 wrote:
Mon Feb 25, 2019 11:50 am
Could you post (type) the exact wording as it appears in your refusal letter, just blank out personal details??
YOU DO NOT HAVE THE ELIGIBILITY REQUIREMENTS OF SECTION E-ECC OF APPENDIX FM FOR THE FOLLOWING REASONS:
You do not meet the eligibility relationship requirements. You claim that you have been in care of your paternal grandmother since 2016 when your mother left and remarried. In her letter of support your mother confirms these details, and gives permission for you to move to the UK. However the letter was written in August 2018 and you have not demonstrated that since her departure your father has been the sole decision maker in your life. I acknowledge that your father has been paying your school fees and has been communicating with your school, however up until 2015 it is unclear where your father was and what role he took in your life. The fact that your mother is still present in order to write her statement shows that your father is not solely responsible. Sole responsibility is not determined merely on financial support, I would expect to see evidence in such things as your education,religious habits, health and well-being. It appears that your grandmother has been making these decisions alone in your father and mother’s absence.
Prior to 2015 I am satisfied that your mother had a large share of the responsibility for you. I acknowledge that she has remarried however you have provided no evidence to show that you have had a genuine and subsisting relationship with your father, aside from his financial support.
In light of the above i am not satisfied that you have demonstrated that your father has sole responsibility for you. Consequently, I am not satisfied that one of your parents is in the UK with limited leave to enter or remain or has been granted entry clearance as a parrot parent under appendix Fm and has had and continues to have sole responsibility for your upbringing. I therefore refuse your application under paragraph EC-C.1.1(d) of Appendix FM of the immigration rules. (E-ECC.1.6).


And that’s it! This really tore me to pieces tbh... they’re very brutal and have no sympathy whatsoever not even for kids

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Re: Child settlement visa refused

Post by CR001 » Tue Apr 09, 2019 3:09 pm

You have failed to show sole responsibility. We have provided the link to the detailed HO requirements for sole responsibility above in the topic. You shoul read it to understand.

What you have submitted as a letter of consent from your mother, is not sufficient.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: Child settlement visa refused

Post by Adelomon » Tue Apr 09, 2019 3:22 pm

CR001 wrote:
Tue Apr 09, 2019 3:09 pm
You have failed to show sole responsibility. We have provided the link to the detailed HO requirements for sole responsibility above in the topic. You shoul read it to understand.

What you have submitted as a letter of consent from your mother, is not sufficient.
Thank you so much! The lawyer thought the letter from my mum, my grandma, the court and my recent high school would be enough. Guess we were all wrong. Do you recommend using the same lawyer for the next application? And Can you send the link again please

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Re: Child settlement visa refused

Post by Adelomon » Tue Apr 09, 2019 3:23 pm

CR001 wrote:
Tue Apr 09, 2019 3:09 pm
You have failed to show sole responsibility. We have provided the link to the detailed HO requirements for sole responsibility above in the topic. You shoul read it to understand.

What you have submitted as a letter of consent from your mother, is not sufficient.
Thank you so much! The lawyer thought the letter from my mum, my grandma, the court and my recent high school would be enough. Guess we were all wrong. Do you recommend using the same lawyer for the next application? And Can you send the link again please

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Re: Child settlement visa refused

Post by CR001 » Tue Apr 09, 2019 3:23 pm

the court
What exactly was this??

Link below.

immigration-for-family-members/sole-res ... 13087.html

It is your choice if you use the same lawyer or not.

When do you turn 18??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Adelomon
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Re: Child settlement visa refused

Post by Adelomon » Tue Apr 09, 2019 3:28 pm

CR001 wrote:
Tue Apr 09, 2019 3:23 pm
the court
What exactly was this??

Link below.

immigration-for-family-members/sole-res ... 13087.html

It is your choice if you use the same lawyer or not.

When do you turn 18??
August

Adelomon
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Re: Child settlement visa refused

Post by Adelomon » Tue Apr 09, 2019 3:46 pm

CR001 wrote:
Tue Apr 09, 2019 3:23 pm
the court
What exactly was this??

Link below.

immigration-for-family-members/sole-res ... 13087.html

It is your choice if you use the same lawyer or not.

When do you turn 18??
Okay, so i presume the lady in the link happened to be in the UK as well. If I get the letter from my doctor and pastor, what statement do they give since they haven’t met my dad before?

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