Tier 1 Dependant Child Visa Biometric Card refused

Dear all,

I had applied for my sons Visa Tier 1 General Child on 14th October . My son was born in India and my wife had Visa expiry till 1st Nov 2015 . I planned for her extension once she came to UK . So my son got Visa sticker granted till Nov 1st 2015 . We were told Biometric card will arrive with in 10 working days once my son arrives in UK .

I am the MAIN APPLICANT and my Visa (Tier 1 General) is valid till Jan 2018 . So my family arrived in UK on 25th October and my wife's visa was extended on 28th October to Jan 2018.

I waited for more than 10 working days and Biometric card for my son did not arrive . I escalated to UK VI using email form and after more than a month and several exchange of emails I got a reply from UKVI as below :-

Please be informed that according to the Immigration Rules, cases where
both parents hold Entry Clearance to the UK, the child’s visa validity is
given in line with the validity of the parent who has the least period.
Therefore, the assessing Entry Clearance Officer has issued the child's
visa in line with the validity of the mother.

My son was denied biometric card since his Visa was given in India based on his Mom's Visa at that time and not as per my (Main) applicant Visa . But as per paragraph 30 it says :-
https://www.gov.uk/government/uploads/s ... _11-15.pdf
Leave should be granted as per MAIN Applicant or PBS Migrant which is me and my wife is PBS Dependant.

I had sent a separate email to BRPError@homeoffice.gsi.gov.uk and they said to send 2 photos and UK address to sort out the issue and they would apply for reenrolment.

So UKVI and BRPError are contradicting . However I have sent post to BRP and fingers crossed.

So can anyone please please help whether response from UKVI is valid or not and should I worry.

Unfortunately,

319I wrote:(a) Entry clearance and leave to remain will be granted for:
(i) a period which expires on the same day as the leave granted to the parent whose leave expires first

They expect child to extend with mother as well.

Hi vinneth,

Thanks for the reply but isn't the below clause for parents who both are MAIN Applicant i.e both are Tier 1 PBS Migrants.

Reason is https://www.gov.uk/government/uploads/s ... _11-15.pdf clearly says in paragraph 30 that period of grant is granted accroding PBS Migrant or Main Applicant leave.

If above is not correct What option I have got since I cannot apply for extension with my son since BRPError told me resend the application and its more than 28 days since his expiry on Nov 1st 2015 . BRPError sent me below reply :

Good Afternoon

Thank you for your enquiry regarding your Biometric Residence Permit (BRP).

Unfortunately an error was made at the time of your application and we are currently unable to produce your BRP. In order to correct the error we will require you to provide us with your UK address and 2 passport size photographs, which will enable us to issue with a letter to re-enrol your biometrics at a UK Post Office. Please send them to Freepost RRYX-GLYU-GXHZ, RETURNS UNIT, PO BOX 163, BRISTOL, BS20 1AB.

There will be no charge for the enrolment and once completed we will issue you with a BRP.

We apologise for any inconvenience caused.

Regards

Steph
BRP Error Team

I have been waiting for more than a week but I havent got reply from them . What options do I have .

Unfortunately, 319I is applicable. The Rules trumps the Guidance.

However, if they have asked to correct an error, then it would be interesting to see how they deal with this.

Hi Vinny,

So if Homeoffice did not Send me the above reply , I would have applied for extension before 28 days . Now If I decide to apply for new extension for my son , wont they reject the application . What option do I have . Can you please help. If I make new application , what should I say to them as to not to reject application.

Any senior members can you please help with above situation

Hi Deepak,
Thanks for your post. I am in the same boat as like you . My wife went for delivery to india. Her visa expires on 5th Jan 2016 and my son also got the same validity as my wife have. My visa (Main applicant) expires on 24th Jan 2018 .

My wife and son has arrived to UK last week and when I contacted the Barking Post office ( the office which I got while am filling the application form) to collect BRP card they told I need to bring authority letter to collect BRP card.

When I contacted the "BRPcollection@homeoffice.gsi.gov.uk" they replied me that my son has visa for only one month and I have apply for him again if he wants to stay here . Now I have to apply for visa extension for my wife.

1. Could you please update me what is your case situation ? Did you receive BRP card for your son ? or did you apply again the visa in UK for him ?


2. Also do we need to pay the NHS fees now for my son. The first time payment will be considered or NOT ?

I am awaiting for your /anyone with the same experience response.

Thanks,
Ashok