Tier1 Dependent Visa Rejected. Seniors Plz your Help needed

arajkumar82 · Post by **arajkumar82** » Sat Jun 11, 2011 8:26 am

I am on Tier1 general Visa and living in UK for more than 3 years.My wife got tier1 dependent visa valid from 2010 January. we had a baby in India in January 2011. My wife applied for my baby tier1 dependent visa in May 2011 in Hyderabad. I submitted all the relavant documents. I also submitted my wife passport first page and last page , visa page xerox copy along with all the documents.

Yesterday my baby depenedent visa got rejected. They have sent an appeal form along with the visa documents.

The reason of rejection is mentioned in the visa refusal letter saying the below

"You have applied for an entry clearance to the United Kingdom as the child of a PBS Migrant. I have therefore assessed your application against paragraph 319H of the immigration Rules which requires that I must be satisfied that the child of a parent who has valid leave to enter or remain as a PBS Migrant and both of your parents must either be lawfully present in the UK. or being granted entry clearance or leave to remain at the same time as the applicant.

In support of your application you have provided a birth certificate. You have not provided any additional evidence such as the pages of your mother's passport showing the entry and exit stamps to indicate she was present in India at the time of birth or family photographs or correspondence to confirm that you are related as claimed.

In the absence of satisfactory evidence, I am not satisfied that you are related as claimed and both parents are lawfully present in the UK required by paragraph 319H(b) and (f) of the HC 395.

I have therefore refused your application because I am not satisfied, on the balance of probabilities that you meet all of the requirements of the above paragraph(s) of the immigration Rules"

My query is can i go for appeal providing evidence which they are asking? and what reason should have give in the appeal form?

Seniors please help me.

Thanks in Advance.

Post by **vinny** » Sat Jun 11, 2011 9:37 am

In support of your application you have provided a birth certificate. You have not provided any additional evidence such as the pages of your mother's passport showing the entry and exit stamps to indicate she was present in India at the time of birth or family photographs or correspondence to confirm that you are related as claimed.

Apparently, they do not believe that your wife gave birth in India and is the mother of the child. Provide what they said was missing.

arajkumar82 · Post by **arajkumar82** » Sat Jun 11, 2011 9:48 am

Thanks. So Shall I go for appeal? or re apply? I am really in a confusion. if there are possibilities of winning the appeal. I will go for the appeal. Please advice me.

Post by **vinny** » Sat Jun 11, 2011 9:53 am

Appeal with extra evidence. The ECM may overturn the refusal if there is sufficient evidence.

arajkumar82 · Post by **arajkumar82** » Sat Jun 11, 2011 9:59 am

Thanks for your quick reply. What reason should i give for the reason of appeal.

I will submit the family photographs which are taken at the time of cradle ceromony in indian and all my wife passport pages xerox and my passport xerox. Do i need to submit any extra evidence apart from these.

Many Thanks

Post by **vinny** » Sat Jun 11, 2011 10:17 am

The reason for appealing is that the child does satisfy the immigration rules.

You should provide original documents or certified copies.

arajkumar82 · Post by **arajkumar82** » Sat Jun 11, 2011 10:35 am

Hi Vinny, for the passport xerox. With whome i need to certify ?

please sent me the list of documents which i need to submit at the time of the appeal

Many Many thanks.

Post by **vinny** » Sat Jun 11, 2011 1:44 pm

Perhaps a solicitor or notary public may certify your documents.

Send the documents that they said were missing.

arajkumar82 · Post by **arajkumar82** » Sat Jun 11, 2011 6:27 pm

Thanks Vinny for your valuable suggestions.

I am planning to send below documents

1. Notary certified copy of all pges of My wife passport
Do I need to notorized all the pages of the passport ?

2. Family photes which we taken at the time of cradle ceromony(me,my wife, and kid were present in the photes)
3. Original Child Birth Certificate
4.Filled appeal form
5.Refual Document.
6.Covering letter to the Entry Clearance Officer

If you feel any other documents to send please let me know.

Thanks for your help.

-Raj

Post by **vinny** » Sat Jun 11, 2011 6:47 pm

Any document/pages that isn't original should be certified. Don't forget your passport as well.

arajkumar82 · Post by **arajkumar82** » Sat Jun 11, 2011 7:13 pm

My passport is here in UK. Shall I send my passport scanned copies to india notorized there? or Do i need to notorize with solicitor here in UK?
Please advice
and also do you have any format of the appeal covering letter? and also whome i need to address? and also who has to appeal ie me or my wife or my child?

Post by **vinny** » Sat Jun 11, 2011 11:49 pm

The certifier would have to see the original documents before certifying their copies as genuine!

innocentdevil · Post by **innocentdevil** » Sun Jun 12, 2011 9:28 am

arajkumar82 wrote:My passport is here in UK. Shall I send my passport scanned copies to india notorized there? or Do i need to notorize with solicitor here in UK?
Please advice
and also do you have any format of the appeal covering letter? and also whome i need to address? and also who has to appeal ie me or my wife or my child?

get it notarized here and post the notarized copies to india. never ever send original docs such as passport anywhere outside the country via post, its foolish. what would do if GOD forbid your docs get lost in transit, a new headache.

a solicitor normally charges 5 per page to notarize documents so get it done.

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Tier1 Dependent Visa Rejected. Seniors Plz your Help needed

Tier1 Dependent Visa Rejected. Seniors Plz your Help needed