Newborn dependent visa rejection - urgent help

Hello,

I have an urgent query from the board and would really appreciate your input as I'm shocked and a bit worried.

Background : I'm a trainee doctor working on a visa sponsored by Health education England since August 2020 for 3 years until August 2023. Living here with my wife and toddler. I'm on a skilled worker visa (Tier 2 - general) as they introduced the Health and Care visas mainly for NHS workers a few months after.

Query: We have had a newborn son in September, born in England and I applied for his visa with the necessary documents, biometric appointment on 30/11/22. I received the email update on the application last week on 22/12/22 and to my shock his visa application was rejected with the reason given as
"We have set out below the reason why your application is not valid below:
"During your permission to stay application you were asked “Has Doctor xxxxx been informed they are eligible for a Health and Care visa?”, you selected “Yes”. However, based on the information provided by you/your sponsor, you do not meet the criteria for a Health & Care Visa."

I've attached the email screenshots below.
On rechecking the H&C visa eligibility criteria, I saw that I was eligible for it (confirmed at the time of application)

I checked with colleagues who had newborns recently and on reviewing their applications, they all ticked yes to this question in their child's dependent application and all of them received their visas successfully.

They've left no room for appeal/review. A call to the UKVI comtact number takes you to general inquiries/guidance who adviced to either apply for administrative review if unhappy with outcome (£80 fees and 6 months time for decision) or to reapply. They have said that they will be refunding the application fees.

I've emailed my sponsor/employer who has sent me a letter to confirm my eligibility for a H&C visa (attached in this post)

Should I reapply with the sponsor letter and a cover letter to explain this and the earlier rejection may have been erroneous? Or do I need any more evidence?

My other concern is that they've mentioned "Your application will be rejected as invalid in 10 working days from the date of this email, While your application is open, you currently hold valid 3C leave." does this imply that my newborn won't be allowed to stay here after it closes?

Would appreciate your input. Thank you.

I have removed your attachments as you have not redacted or blacked out all personal details such as all names etc.

Why did you not apply for a standard skilled worker dependent visa? I this is the visa category you and your other dependents hold.

Also, who is this query for as your previous posts state you are British through naturalisation since 2019 and your partner too since 2021.

CR001 wrote: ↑

Wed Dec 28, 2022 8:13 am

I have removed your attachments as you have not redacted or blacked out all personal details such as all names etc.

Why did you not apply for a standard skilled worker dependent visa? I this is the visa category you and your other dependents hold.

Also, who is this query for as your previous posts state you are British through naturalisation since 2019 and your partner too since 2021.

Hello, should have clarified that posting this query on behalf of a dear friend who's worried about this.

The route of application was indeed via standard skilled worker dependent visa which is now known as "PBS, Start-up, Innovator or Global Talent dependant child" for dependents of most visa classes.

I've reattached the screenshot having redacted any sensative information.
Below is an email screenshot of the application rejection citing reason "During your permission to stay application you were asked “Has Doctor xxx (the father) been informed they are eligible for a Health and Care visa?”, you selected “Yes”. However, based on the information provided by you/your sponsor, you do not meet the criteria for a Health & Care Visa."

If a training doctor working in the NHS isn't eligible for the H&C visa, I'm not sure who is.

My friend wrote to his sponsor/employer who then responded with a letter that confirms eligibility. (attached below as well)

Its baffling as to why this visa application for his newborn was rejected. He plans on reapplying and wanted to ask aside from this letter and a possible cover letter to elaborate previous rejection, is there anything else he needs to attach?

We've discussed appealing/administrative review option against the decision but given they take 6 months or more to come back, it was more straightforward and quicker to reapply as they do need to travel soon.

Any help or input would be greatly appreciated. If any further information is required please let me know.

This person needs professional advice on their options.

This forum is not a substitute for professional advice, especially sought second-hand via a friend.

peacock69 wrote: ↑

Thu Dec 29, 2022 12:02 am

If a training doctor working in the NHS isn't eligible for the H&C visa, I'm not sure who is.

Not every foreign medical practitioner, nurse, etc. working in the NHS hold a health & care visa, despite being eligible and their occupation code being included in that category. Similarly to your friend, many have a skilled worker visa.

As CR001 mentioned, he should have applied as a Skilled worker dependent, because he already has been sponsored under the SW route.

Also the letter from the employer is dated after a decision was made, it did not make any sense submitting it at that stage. I think the letter is absolutely unnecessary for that application.

He is on a skilled worker visa. As when he started working in Aug 2020, the H&C visa didn't exist, it was introduced later the following year.

And he did apply for a Skilled worker dependent for his newborn. This was a q on the application as per the screenshot of the pdf.
“Has Doctor xxx (the father) been informed they are eligible for a Health and Care visa?” - he selected yes.

He felt his SW dependent visa was wrongly rejected?
citing reason "During your permission to stay application you were asked “Has Doctor xxx (the father) been informed they are eligible for a Health and Care visa?”, you selected “Yes”. However, based on the information provided by you/your sponsor, you do not meet the criteria for a Health & Care Visa."


The letter from employer in question was generated on request after the visa application rejection stating that he clearly is eligible for a H&C visa.

He just wants to resolve this n wants to get a visa for his newborn.
The question now is should he reapply using this sponsor letter or is there anything else needed?

He needs support or a referral for professional advice from the employer that is sponsoring his visa.

It's not wise for you to take on the role of amateur immigration adviser. It is also illegal!