Post
by MoAlkindy » Sun Jun 09, 2019 12:08 pm
Hello there,
I have a Tier 2 visa and my wife is dependent on me. We have our first baby born in the UK on March 2019 and we applied for him to be a dependant Child for TIer 2 Migrant on the 2nd of May. We are from Yemen and my salary is only 1500 a month and I have restrictions on my work so I can only work for my sponsor. We received the refusal letter for his application saying the following:
"We have considered your application on behalf of the Secretary of State and your
application has been refused under the lmmigration Rules. ln making the decision to
refuse your application, careful consideration has been given to the following:
o You were born in the United Kingdom and therefore did not obtain entry
clearance or leave to enter the United Kingdom.
o You do not currently hold leave to remain in the United Kingdom.
ln view of the fact that the bank statements that have been provided to
demonstrate the Maintenance requirement do not show a continuous amount of
8630.00 for 90 days prior to your application and your father's sponsor is also not willing (as per the Certificate of Sponsorship) to
certify the Maintenance requirement, the Secretary of State is not satisfied that
there is a sufficient level of funds available to you, as detailed in Appendix E of
the immigration rules.
Therefore you do not satisfy the requirements of the immigration rules for this
category and it has been decided to refuse your application for Ieave to remain as
a child of a Points Based System Migrant under paragraph 319H(g) of the
lmmigration Rules.
Consideration has also been given to section 55 of the Borders, Citizenship
and lmmigration Act 2009 (Duty regarding the welfare of children). The duty to
have regard to the need to safeguard and promote the welfare of children
requires the UK Home Office to consider the effect of any children of a decision
to refuse leave , or remove, against the need to maintain the integrity of
immigration control. Our aim is always to carry out enforcement of the
lmmigration Rules with the minimum possible interference with a family's
private life, and in particular to enable a family to maintain continuity of care
and development of the children in ways that are compatible with the
immigration laws. ln the particular circumstances of your case, it has been
concluded that the need to maintain the integrity of the immigration laws
outweighs the possible effect on you that might result from you having to re-
establish family life outside the United Kingdom.
On 09 July 2012 the lmmigration Rules were amended to unify consideration
under the lmmigration Rules and Article 8 of the European Convention on
Human Rights. These are set out in Appendix FM and paragraph 276ADE of the
lmmigration Rules.
1cD.4439 IA 2ofG
7
No consideration has been given to your rights under Paragraph EX.1 of
Appendix FM, as you have not made a specified application on the basis of
your family and /or private life, paying the appropriate fee."
I can apply for an administrative review but what can I say as I can't afford to keep 630 in my account for 90 days with my salary being to low too cover this period.