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It sounds like you omitted to provide evidence that you meet one of the provisions of paragraph 319H(f), and you cannot provide that information now. Your options seem limited to new applications. The refusal quotes specifically from the immigration rules that say unless the other parent is not living or the main migrant has sole responsibility, the case worker will need to be satisfied thatA101 wrote: ↑Fri Feb 21, 2020 7:29 pmIn this case, what evidence can be provided? My children are young and need me. I mentioned that I have shown the maintenance funds for them (this was provided with initial application) and further contacted schools and daycares, and also arranged an accommodation. For 'evidence' would I need to get formal letters from the school, daycare and book the accommodation?
That sounds a good strategy. Again, I would recommend talking it through with the international student adviser at the university.A101 wrote: ↑Mon Feb 24, 2020 3:54 pmI mentioned that my kids are very young (I am nursing the younger one) - and have lived the majority of their lives with me, while the father was away. However that did not seem enough. Even if the father was in the home country, I feel its understood that they way a mother can take care of her young children noone else can. I am working on how to prove this.
I don't understand how any of that will demonstrate that there are "serious or compelling family or other considerations which would make it desirable not to refuse the application".A101 wrote: ↑Mon Feb 24, 2020 5:59 pmI am wondering if emails would suffice as evidence or would I require to book (through payments) places for the children and then show formal letters (i.e. with letterheads) of the confirmation that there is space available for them.
Is there any legal document that my husband/their father can present stating that he is handing me guardianship over them for the duration of this time?
Ah okay. The part of the refusal letter you quoted said you were missing the evidence of "serious and compelling family circumstances", so I took that at face value. But yes, you also need evidence of the "suitable arrangements" for their care in the UK.
Yes, they have said there wasn't enough evidence for both.
It depends what specific case you are making. I would advise discussing it with a professional.
If they are not coming to live with you after all, yes.
Did you get a letter from your husband's employer stating work hours and travel obligations?A101 wrote: ↑Mon Feb 24, 2020 7:34 pmThe things I mentioned are to address 'suitable arrangements in the UK' to which they have said I have shown no evidence.
My main ground for 'serious and compelling' is that the children are very young and have been in my care for the majority of their life. I have been handling their day-to-day, schooling, health and emotional needs. Even the father cannot take care as he himself has been away for 5 years and only visits for a few weeks a year. Further his work commitments would not allow him to be there full time for them and also is required to travel. No other relative is capable of taking care of them in the home country.
These are serious and compelling reasons for the welfare of the children - in my opinion. I cannot say they would have the same opinion.
Thanks so much for your message.ALKB wrote: ↑Tue Mar 10, 2020 4:51 pmDid you get a letter from your husband's employer stating work hours and travel obligations?A101 wrote: ↑Mon Feb 24, 2020 7:34 pmThe things I mentioned are to address 'suitable arrangements in the UK' to which they have said I have shown no evidence.
My main ground for 'serious and compelling' is that the children are very young and have been in my care for the majority of their life. I have been handling their day-to-day, schooling, health and emotional needs. Even the father cannot take care as he himself has been away for 5 years and only visits for a few weeks a year. Further his work commitments would not allow him to be there full time for them and also is required to travel. No other relative is capable of taking care of them in the home country.
These are serious and compelling reasons for the welfare of the children - in my opinion. I cannot say they would have the same opinion.
In the consent letter, did your husband mention that he is in fact unable to take care of the children due to work commitments?
What's your husband's visa situation in the country he lives in right now? Would the visa even allow to apply for dependents? After all, you haven't been living there with him for the last five years, so are there legal obstacles?
To be very honest, I think it is unlikely for your children to get a Tier 4 dependent visa under these circumstances (or visitor visas, now that a long term application has been refused already) but when trying, you really have to paint a picture of the situation. The person processing the application only knows what you tell them.A101 wrote: ↑Thu Mar 12, 2020 9:21 amThanks so much for your message.ALKB wrote: ↑Tue Mar 10, 2020 4:51 pmDid you get a letter from your husband's employer stating work hours and travel obligations?A101 wrote: ↑Mon Feb 24, 2020 7:34 pmThe things I mentioned are to address 'suitable arrangements in the UK' to which they have said I have shown no evidence.
My main ground for 'serious and compelling' is that the children are very young and have been in my care for the majority of their life. I have been handling their day-to-day, schooling, health and emotional needs. Even the father cannot take care as he himself has been away for 5 years and only visits for a few weeks a year. Further his work commitments would not allow him to be there full time for them and also is required to travel. No other relative is capable of taking care of them in the home country.
These are serious and compelling reasons for the welfare of the children - in my opinion. I cannot say they would have the same opinion.
In the consent letter, did your husband mention that he is in fact unable to take care of the children due to work commitments?
What's your husband's visa situation in the country he lives in right now? Would the visa even allow to apply for dependents? After all, you haven't been living there with him for the last five years, so are there legal obstacles?
No, I did not attach such a letter from my husband's employer, there was only one mentioning that he is an employee there. Thanks for this idea, I will try to get such a letter prepared.
No - once again - the letter did not specifically say that he would be unable to take care of them. I am preparing another consent letter for the new application in which we will specify this. Thanks again.
He is in a situation where he could invite his family, now that he is working. He attained this status around the same time I got the PhD offer. Before that he could not invite us. We did try visit and other venues, but we were refused. And now receiving this study offer in the UK, I want to avail it.
Please do share any other advice you may have. Kind regards,