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HELP - Amending CoS to cover maintenance after refusal

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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MoAlkindy
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Yemen

URGENT Tier 2 Child Dependent Refusal

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.

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CR001
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Re: URGENT Tier 2 Child Dependent Refusal

Post by CR001 » Sun Jun 09, 2019 12:39 pm

What is your soc?

Why is your salary so low? What was stated on your cos?

Maintenance funds for 90 days are mandatory?
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.

MoAlkindy
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Posts: 7
Joined: Sun Jun 09, 2019 11:57 am
Yemen

Re: URGENT Tier 2 Child Dependent Refusal

Post by MoAlkindy » Sun Jun 09, 2019 1:49 pm

Thank you for your reply.

My salary is low because I work for a local authority and as you know local authorities don’t pay that much. My wife and I got our visas before we have the baby. The CoS does not say that they will cover the maintenance. They are not willing to say that in the CoS. They should give some considerations for these facts plus the status of my home country Yemen!

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CR001
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Re: URGENT Tier 2 Child Dependent Refusal

Post by CR001 » Sun Jun 09, 2019 2:43 pm

CR001 wrote:
Sun Jun 09, 2019 12:39 pm
What is your soc?

Why is your salary so low? What was stated on your cos?

Maintenance funds for 90 days are mandatory?
Please answer these questions highlighted above.

The state in Yemen is irrelevant to tier 2 and you must meet the requirements. It would be relevant to an asylum application or visa holder.

Maintenance funds are mandatory and there are no exceptions.
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.

MoAlkindy
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Posts: 7
Joined: Sun Jun 09, 2019 11:57 am
Yemen

Re: URGENT Tier 2 Child Dependent Refusal

Post by MoAlkindy » Sun Jun 09, 2019 3:48 pm

CR001 wrote:
Sun Jun 09, 2019 2:43 pm
CR001 wrote:
Sun Jun 09, 2019 12:39 pm
What is your soc?

Why is your salary so low? What was stated on your cos?

Maintenance funds for 90 days are mandatory?
Please answer these questions highlighted above.

The state in Yemen is irrelevant to tier 2 and you must meet the requirements. It would be relevant to an asylum application or visa holder.

Maintenance funds are mandatory and there are no exceptions.
My SOC is 2137 Web design and development professionals. I switched to Tier2 from Tier 4 on November 2018

The annual salary stated on my CoS was 23,866.05

Should the maintenance be mandatory for Tier 2 defendant Child only if the child born outside the UK?

Under the Immigration Rules part 8: family members paragraph 304 to 309 it does not state the maintenance!

MoAlkindy
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Yemen

Re: URGENT Tier 2 Child Dependent Refusal

Post by MoAlkindy » Mon Jun 10, 2019 2:17 pm

Any update on this will be appreciated. I have until tomorrow to apply for an administration review. What can I say on the AR?

They said on refusal letter the Child has to leave the country and establish new life outside the UK! Where can we send him while his Father and Mother are legal in this country! If we apply again after 90 days will they will say he was an illegal immigrant during this period?

MoAlkindy
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HELP - Amending CoS to cover maintenance after refusal

Post by MoAlkindy » Tue Jun 11, 2019 2:34 pm

Hello there,

I have Tier 2 General visa and my wife is defendant on me. The CoS issued by employer last November 2018. We have our first baby born in the UK and we applied for him to be dependent on me on May 2019 but they refused his visa because I did not have the £630 for 90 days in my bank account.

My CoS does not state that my employer will cover the maintenance fund, as it was issued last year.
Can my employer amend the certificate to say that they will cover the maintenance for my child at this stage? or a letter from my employer will be enough? My sponsor has Tier 2 (A rating) Can I apply for an administration review based on the flexibility of supporting evidence? I have until this Friday to apply. Please advise. Thank you for your help

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sachinis100
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Re: HELP - Amending CoS to cover maintenance after refusal

Post by sachinis100 » Tue Jun 11, 2019 3:32 pm

Get a letter from employer, and lodge a new application. i think so administrative review doesn't work because refusal is clear.

MoAlkindy
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Re: HELP - Amending CoS to cover maintenance after refusal

Post by MoAlkindy » Tue Jun 11, 2019 4:04 pm

sachinis100 wrote:
Tue Jun 11, 2019 3:32 pm
Get a letter from employer, and lodge a new application. i think so administrative review doesn't work because refusal is clear.
Thank you for your reply.

If I make a fresh application, Will the letter from employer will be enough? or does my employer need to update the CoS to state that they will cover the maintenance for my child, as at the moment my CoS does not state that they are willing to cover the maintenance and it has been issued last year.


Also, is there any other visa type that I can apply for my child under? The refusal letter came with an ENFORCEMENT WARNING saying that they might come anytime to take our child while my wife and I are both legal immigrant!

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Frontier Mole
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Re: HELP - Amending CoS to cover maintenance after refusal

Post by Frontier Mole » Tue Jun 11, 2019 10:38 pm

No one is coming to take your child away... so do not overthink that part. They cannot split families in your circumstances, neither can they force you to leave because your child does not have a visa. The letter is a std format refusal and does not cover this circumstance well.

A letter from your employer will not overcome the maintenance issue. You cannot change the previous COS either. To get a dependent visa you have to meet the rules, there is not going to be a concession on that from the Home Office. However stupid or unworkable an idea it appears you are somehow going the get the funds for that many days and apply again.

In the meantime I can assure you no one will attempt to remove your child. So don’t get over worried and start thinking long term about how you can meet the maintenance requirements.

MoAlkindy
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Posts: 7
Joined: Sun Jun 09, 2019 11:57 am
Yemen

Re: HELP - Amending CoS to cover maintenance after refusal

Post by MoAlkindy » Tue Jun 11, 2019 10:46 pm

Frontier Mole wrote:
Tue Jun 11, 2019 10:38 pm
No one is coming to take your child away... so do not overthink that part. They cannot split families in your circumstances, neither can they force you to leave because your child does not have a visa. The letter is a std format refusal and does not cover this circumstance well.

A letter from your employer will not overcome the maintenance issue. You cannot change the previous COS either. To get a dependent visa you have to meet the rules, there is not going to be a concession on that from the Home Office. However stupid or unworkable an idea it appears you are somehow going the get the funds for that many days and apply again.

In the meantime I can assure you no one will attempt to remove your child. So don’t get over worried and start thinking long term about how you can meet the maintenance requirements.
Thank you for your reply. I really appreciate it

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