URGENT HELP- Child Dependent Visa PBS

Dear friends

I hope to find somebody's attention to my request real soon..

I have applied for my visa from India under Skilled Worker category and at the same time applied for my 7yr daughter's with PBS Child dependent visa (we attached parent's consent letter, maintenance for me and dependents agreed by employer). I have received a communication to collect passport (seems they have granted mine). I have received communication from UKVI, regarding my daughter’s application, that she is required to provide evidence and information to support the fact that there are compelling reasons for my daughter to accompany me and her visa being granted.

The UK Decision Making Centre is currently assessing the application submitted by the above named. We are unable to conclude the application at this time as we require additional information.

Your application is being assessed under paragraph SW 30.1 to SW 30.2. The Immigration Rules require that the applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) unless:

(a) the parent with permission as a Skilled Worker is the sole surviving parent; or
(b) the parent with permission as a Skilled Worker has sole responsibility for the child’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

You have confirmed your Father has not made an application for leave to enter the UK as they will remain in India. You have also confirmed both your parents have parental responsibility for you.

Please provide any further evidence, information or documents you would like to be considered in line with point (c) above.

My reasons are that my husband is a doctor and his duty hours are not fixed, it is a rolling shift - morning/evening/night. With his given work responsibilities, he spends additional extended hours on critical cases and sometimes his schedules are very unpredictable. The possibility of leaving the child in the home country leads to the scenario where she is not under proper care and there is a risk that there could be emergency work hours for the father, and he is not able to make necessary childcare arrangements or being physically around, for her safety and well-being. We are a nuclear family here and there are no other care arrangements possible in my absence. My daughter is emotionally attached more to me and my husband is also keen to prepare and try for a healthcare visa once he clears exams for International Medical Graduates.

I would be grateful for an advise on the supporting documents/evidence that needs to be submitted. I am thinking of HR letter from my husband's hospital, do we need any lawyer's document, or affidavit??

I would like to ask for help, if there are any examples available to respond to these queries or any points that could help build a strong case for her entry permission. And if there is a possibility for someone to review my additional documents/response (the above para is just indicative, to give a sense of my situation and not the final response).

Grateful for any support or guidance that could be available to deal with their query.

Thanks so much
KM

Need super urgent help and advise please-

Applied visa under Skilled Worker category - for self and for 7yr PBS Child dependent visa (we attached parent's consent letter, maintenance for me and dependents agreed by employer). Second parent not applying at this time, due to his permanent job (medical profession), gave consent for child.

Received my visa and communication from UKVI regarding child's application that they are assessing the application and are unable to conclude the application at this time, as they require additional information to provide evidence and information to support the fact that there are compelling reasons for child to accompany me and the visa being granted.

Your application is being assessed under paragraph SW 30.1 to SW 30.2. The Immigration Rules require that the applicant’s parents must each be either applying at the same time as the applicant or have permission to be in the UK (other than as a visitor) unless:
(a) the parent with permission as a Skilled Worker is the sole surviving parent; or
(b) the parent with permission as a Skilled Worker has sole responsibility for the child’s upbringing; or
(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

You have confirmed your Father has not made an application for leave to enter the UK as they will remain in India. You have also confirmed both your parents have parental responsibility for you.

Please provide any further evidence, information or documents you would like to be considered in line with point (c) above.

My reasons are that my husband is a doctor and his duty hours are not fixed, it is a rolling shift - morning/evening/night. With his given work responsibilities, he spends additional extended hours on critical cases and sometimes his schedules are very unpredictable. The possibility of leaving the child in the home country leads to the scenario where she is not under proper care and there is a risk that there could be emergency work hours for the father, and he is not able to make necessary childcare arrangements or being physically around, for child's safety and well-being. We are a nuclear family here and there are no other care arrangements possible in my absence. Child is emotionally attached more to me and my husband is also keen to prepare and try for a healthcare visa once he clears exams for International Medical Graduates.

I would be grateful for an advise on the supporting documents/evidence that needs to be submitted. I am thinking of HR letter from my husband's hospital, do we need any lawyer's document, or affidavit?? Any points that could help build a strong case for her entry permission. Grateful for any support or guidance that could be available to deal with their query.

Thanks so much-KM

mittalkavita wrote: ↑

Sun Oct 22, 2023 9:48 am

My reasons are that my husband is a doctor and his duty hours are not fixed, it is a rolling shift - morning/evening/night. With his given work responsibilities, he spends additional extended hours on critical cases and sometimes his schedules are very unpredictable. The possibility of leaving the child in the home country leads to the scenario where she is not under proper care and there is a risk that there could be emergency work hours for the father, and he is not able to make necessary childcare arrangements or being physically around, for child's safety and well-being. We are a nuclear family here and there are no other care arrangements possible in my absence. Child is emotionally attached more to me and my husband is also keen to prepare and try for a healthcare visa once he clears exams for International Medical Graduates.

I would be grateful for an advise on the supporting documents/evidence that needs to be submitted. I am thinking of HR letter from my husband's hospital, do we need any lawyer's document, or affidavit?? Any points that could help build a strong case for her entry permission. Grateful for any support or guidance that could be available to deal with their query.

None of this is relevant.

A child born abroad follows the same UK immigration pathway as the second/less privileged parent. If the second parent is not moving to the UK, the child can't either. The work patterns of the second parent are immaterial.

You have two options.
(a) Get legal documented proof that you are solely responsible for the child. That could be a court order, sanctioning an agreement between your husband and you. Be aware that that will complicate any future sponsorship of your spouse by you.
(b) Apply for a dependent visa for your husband and child. Your husband can choose to come to the UK with the child and then return back to his job. This is obviously the more expensive option.

As an aside, who will be looking after the child in the UK?

Also, be aware that the child will only qualify for ILR with the second parent and can only register as a British citizen if both the child and at least one parent has ILR and the other parent has British citizenship.

The long and short of it is that the child needs both parents in the UK for the immigration journey of the child to succeed (assuming no sole responsibility).

Thank you so much for your immediate response.

To your question - who will be looking after the child in the UK? I will be responsible, my salary band is sufficient to take care of us/employer agreed for covering mine and dependent's maintenance in COS. Fixed hour job (hybrid), no OT expected, etc. My siblings are in UK (my sister is a British national, will be living in the same city).

To bring to your notice the point by UKVI -
You have confirmed your Father has not made an application for leave to enter the UK as they will remain in India. You have also confirmed both your parents have parental responsibility for you.

1. As we have given consent both parents are responsible, will it be considered that going forward only mother will be responsible and what documentary evidence will be required - legal proof of my sole responsibility? can this be supported with a Indian lawyer's statement and an affidavit or needs a court document? Any other documents? NOTE: UKVI has asked to support point (c) and not (b) pertaining sole responsibility.

2. They have just granted my visa and I am still in India, and now if we add Spouse dependent visa, can child's visa be on hold or it will be still be rejected.

3. In case this could apply- My husband's job is with a government hospital/emergency care in India and his field is regulated, if he joins later after clearing exams for international medical graduates (as for now there will not be any suitable job for him)?? Perhaps some proof by enrolling for some exam?

Look forward to your guidance. Thank you!

Thank you so much for your immediate response.

To your question - who will be looking after the child in the UK? I will be responsible, my salary band is sufficient to take care of us/employer agreed for covering mine and dependent's maintenance in COS. Fixed hour job (hybrid), no OT expected, etc. My siblings are in UK (my sister is a British national, will be living in the same city).

To bring to your notice the point by UKVI -
You have confirmed your Father has not made an application for leave to enter the UK as they will remain in India. You have also confirmed both your parents have parental responsibility for you.

1. As we have given consent both parents are responsible, will it be considered that going forward only mother will be responsible and what documentary evidence will be required - legal proof of my sole responsibility? can this be supported with a Indian lawyer's statement and an affidavit or needs a court document? Any other documents? NOTE: UKVI has asked to support point (c) and not (b) pertaining sole responsibility.

2. They have just granted my visa and I am still in India, and now if we add Spouse dependent visa, can child's current visa application be on hold or it will be still be rejected.

3. In case this could apply- My husband's job is with a government hospital/emergency care in India and his field is regulated, if he joins later after clearing exams for international medical graduates (as for now there will not be any suitable job for him)?? Perhaps some proof by enrolling for some exam?

Look forward to your guidance. Thank you!

secret.simon wrote: ↑

Sun Oct 22, 2023 10:01 am

mittalkavita wrote: ↑

Sun Oct 22, 2023 9:48 am

My reasons are that my husband is a doctor and his duty hours are not fixed, it is a rolling shift - morning/evening/night. With his given work responsibilities, he spends additional extended hours on critical cases and sometimes his schedules are very unpredictable. The possibility of leaving the child in the home country leads to the scenario where she is not under proper care and there is a risk that there could be emergency work hours for the father, and he is not able to make necessary childcare arrangements or being physically around, for child's safety and well-being. We are a nuclear family here and there are no other care arrangements possible in my absence. Child is emotionally attached more to me and my husband is also keen to prepare and try for a healthcare visa once he clears exams for International Medical Graduates.

I would be grateful for an advise on the supporting documents/evidence that needs to be submitted. I am thinking of HR letter from my husband's hospital, do we need any lawyer's document, or affidavit?? Any points that could help build a strong case for her entry permission. Grateful for any support or guidance that could be available to deal with their query.

None of this is relevant.

A child born abroad follows the same UK immigration pathway as the second/less privileged parent. If the second parent is not moving to the UK, the child can't either. The work patterns of the second parent are immaterial.

You have two options.
(a) Get legal documented proof that you are solely responsible for the child. That could be a court order, sanctioning an agreement between your husband and you. Be aware that that will complicate any future sponsorship of your spouse by you.
(b) Apply for a dependent visa for your husband and child. Your husband can choose to come to the UK with the child and then return back to his job. This is obviously the more expensive option.

As an aside, who will be looking after the child in the UK?

Also, be aware that the child will only qualify for ILR with the second parent and can only register as a British citizen if both the child and at least one parent has ILR and the other parent has British citizenship.

The long and short of it is that the child needs both parents in the UK for the immigration journey of the child to succeed (assuming no sole responsibility).

Have to disagree with this advice
It is possible to bring a child where the sponsoring parents does not have sole responsibility providing the following conditions are met which is what the caseworker has asked the OP to provide


(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

The OP clearly doesn't have sole responsibility and has already told the decision maker this by stating both parents are responsible and by providing the husband's consent, which she wouldn't need if she had sole responsibility

It's also not advisable for the husband to apply if he has no intention to join the family if this becomes apparent when the family only ever seek entry without him as they could refuse entry if they realise the father is not and will not be joining you

OP - these sorts of cases are unpredictable - all you can do is explain the situation as you have done - with evidence of your husband's employment and work pattern. I've seen similar cases be granted but others refused.

secret.simon wrote: ↑

Sun Oct 22, 2023 10:01 am

mittalkavita wrote: ↑

Sun Oct 22, 2023 9:48 am

My reasons are that my husband is a doctor and his duty hours are not fixed, it is a rolling shift - morning/evening/night. With his given work responsibilities, he spends additional extended hours on critical cases and sometimes his schedules are very unpredictable. The possibility of leaving the child in the home country leads to the scenario where she is not under proper care and there is a risk that there could be emergency work hours for the father, and he is not able to make necessary childcare arrangements or being physically around, for child's safety and well-being. We are a nuclear family here and there are no other care arrangements possible in my absence. Child is emotionally attached more to me and my husband is also keen to prepare and try for a healthcare visa once he clears exams for International Medical Graduates.

I would be grateful for an advise on the supporting documents/evidence that needs to be submitted. I am thinking of HR letter from my husband's hospital, do we need any lawyer's document, or affidavit?? Any points that could help build a strong case for her entry permission. Grateful for any support or guidance that could be available to deal with their query.

None of this is relevant.

A child born abroad follows the same UK immigration pathway as the second/less privileged parent. If the second parent is not moving to the UK, the child can't either. The work patterns of the second parent are immaterial.

You have two options.
(a) Get legal documented proof that you are solely responsible for the child. That could be a court order, sanctioning an agreement between your husband and you. Be aware that that will complicate any future sponsorship of your spouse by you.
(b) Apply for a dependent visa for your husband and child. Your husband can choose to come to the UK with the child and then return back to his job. This is obviously the more expensive option.

As an aside, who will be looking after the child in the UK?

Also, be aware that the child will only qualify for ILR with the second parent and can only register as a British citizen if both the child and at least one parent has ILR and the other parent has British citizenship.

The long and short of it is that the child needs both parents in the UK for the immigration journey of the child to succeed (assuming no sole responsibility).

Have to disagree with this advice
It is possible to bring a child where the sponsoring parent does not have sole responsibility providing the following conditions are met and which is what the caseworker has asked the OP to provide evidence of


(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

The OP clearly doesn't have sole responsibility and has already told the decision maker this by stating both parents are responsible and by providing the husband's consent, which she wouldn't need if she had sole responsibility so she can't provide evidence of this

It's also not advisable for the husband to apply if he has no intention to join the family if this becomes apparent when the family only ever seek entry without him as they could refuse entry if they realise the father is not and will not be joining you

OP - these sorts of cases are unpredictable - all you can do is explain the situation as you have done - with evidence of your husband's employment and work pattern. I've seen similar cases be granted but others refused.

Greenie wrote: ↑

Sun Oct 22, 2023 9:07 pm

It's also not advisable for the husband to apply if he has no intention to join the family if this becomes apparent when the family only ever seek entry without him as they could refuse entry if they realise the father is not and will not be joining you

That was not my advice.

My advice was for the husband to apply for a spouse visa, use that to accompany the child (and the OP if they travel at the same time) to the UK, then return back to their country of habitual residence.

That will also have the benefit of starting the husband's immigration clock, if they decide to continue on the PBS dependent route for the husband in two years time.

Greenie wrote: ↑

Sun Oct 22, 2023 9:07 pm

It is possible to bring a child where the sponsoring parent does not have sole responsibility providing the following conditions are met and which is what the caseworker has asked the OP to provide evidence of

(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

I will emphasise the words "serious and compelling reasons".

If I were a caseworker, I would not regard the fact that the husband is so busy as to not be able to look after the child as "serious and compelling". There can be extended family members who can help out or the husband working locally and OP working from the UK can hire a child carer. There needs to be a stronger reason than that to meet the "serious and compelling" requirement.

Thanks Greenie and secret.simon for your advise.

I kind of feel the sole responsibility may not apply in our case now and might give the impression that we are concluding this for the application's sake. Also, we might have to focus on 'serious and compelling reasons' or think of document to prove he intends to apply for a visa gradually (after clearing exams). With his current government employment and his professional restrictions on working in the same field (he needs equivalency exams), it is better that he applies when the time is right. Even if he makes an application, we add it now (we even decide him to accompany us), he will have to come back for a bit to wrap the things here? if only it is advised that this is absolutely necessary for application to get approved. is it a good idea to file spouse dependent visa and submit his application number in the response?

Also, it is not about the father being extra busy to take care of the child, it is more about the work schedules due to which we cannot rely on the father's exclusive child care responsibilities back home. Hiring caretakers in India is again a risk, with so many reports on child neglect and abuse. And extended family members are not in the same town and can't be responsible for a child, when it is not a short term need. At the same time my visa is currently around four-years so not sure what will happen after that..

I wonder these rules are not specified upfront under eligibility criteria and misleads applicants. (I also understand it is applicants responsibility to read, but there was no such clause or need for documentary evidence while submitting the application) I wonder how the best interest of a child is judged, when you grant a visa to the mother and expect child to stay away and leave the child with father (by this the child is going to be with one parent in any case) When parent has given consent, and we have adequate funds to cover her, this should be more of family decision.. If this does not happen, it is going to be a big monetary hit considering it is not possible for me to go without her. I have been a primary care giver for all these years for my daughter, given his duty schedules, and managing her daycare and sleep routine, it is going to affect her big time in my absence. I hope this is considered as an impact on child's well-being.

I just hope we have some extra guidance on how to make our case stronger to fit their criteria of 'serious and compelling reasons'. Any additional document or evidence can help? Please suggest. Thanks once again!

secret.simon wrote: ↑

Sun Oct 22, 2023 10:19 pm

Greenie wrote: ↑

Sun Oct 22, 2023 9:07 pm

It's also not advisable for the husband to apply if he has no intention to join the family if this becomes apparent when the family only ever seek entry without him as they could refuse entry if they realise the father is not and will not be joining you

That was not my advice.

My advice was for the husband to apply for a spouse visa, use that to accompany the child (and the OP if they travel at the same time) to the UK, then return back to their country of habitual residence.

That will also have the benefit of starting the husband's immigration clock, if they decide to continue on the PBS dependent route for the husband in two years time.

Greenie wrote: ↑

Sun Oct 22, 2023 9:07 pm

It is possible to bring a child where the sponsoring parent does not have sole responsibility providing the following conditions are met and which is what the caseworker has asked the OP to provide evidence of

(c) the decision maker is satisfied that there are serious and compelling reasons to grant the child entry clearance or permission to stay with the parent who has permission as a Skilled Worker.

I will emphasise the words "serious and compelling reasons".

If I were a caseworker, I would not regard the fact that the husband is so busy as to not be able to look after the child as "serious and compelling". There can be extended family members who can help out or the husband working locally and OP working from the UK can hire a child carer. There needs to be a stronger reason than that to meet the "serious and compelling" requirement.

Yes and if the father obtains the spouse visa, enters once and then immediately returns back home and doesn't join the family to live here during the course of the visa this could still have the same impact if this comes to the attention of ukvi (eg at the border at some point or when they come to extend. Although this does of course depend on when the husband would join them (that's not clear from the post)

In addition to this the OP has already "played her hand" so the husband now applying may cause them to question the motives etc

OP the following article may be useful to you.https://freemovement.org.uk/sole-respon ... %9D%20test.

You need to focus on how your child being able to join you is in their best interests given your particular family circumstances. If your husband does intend to come here eventually by all means mention this so as to emphasise the temporary nature of the arrangement. There is little guidance around this but I would say if you actually attempt to set out how your husband would be unable to adequately care for the child given his profession and how separation from you as her primary caregiver ( I assume if your husbands work pattern is as it is) would impact on the child you may have a chance. What's not clear is when your husband would be ready to join you - are we talking months or years?

My husband would be able to join us in about an year's time (once he enrolls and clears a part of medical exams/dates to enroll are not open yet or enroll for a one-year master prog (plan B) mostly those are September-24 intake), describing the timeline as about an year in the cover note is a good idea?

Also, from childcare perspective - there are occasions when my daughter wakes-up (due to nightmares) and looks only for me.. is it a point worth mentioning or it will complicate further? What's my best bet on the supporting evidence? beyond HR Document stating his duty schedule and job responsibilities.. any suggestion on additional documents? or any other proof that can help substantiate our situation.

Grateful for all your help!

There is an expectation / presumption that dependent children travel in the the family group to the U.K. or they are left in the country of origin. Where children are being split from their other parent in order to move to the U.K. then the caseworker must consider the three the points put to you in the further enquiry letter.

All the emotional points you have set out, bluntly they add no value and in fact add weight to the child not being granted permission to travel. As a family you have decided to split up in order to pursue employment in the U.K. in doing so you have created a situation that places the wellbeing and safeguarding of the child at potential risk.

All the Home Office is clarifying is that there is a legal reason for your child to be separated from her father and/or that you have sole responsibility for their care. Neither of these points are explained in any acceptable manner.

The exceptional and compelling argument that you have put forward is not going to readily make the threshold.

Boiled down it very much looks like you want to get to the U.K. in advance of your husband who may at some point in the future, qualify to be a Doctor in the U.K. and may migrate. All at the expense of waiting a year and keeping your family together.

Thanks for your response. My situation is now very complicated now and a genuine case of concern of my child's well-being considering there is no other reliable child care options with us. Honestly, my bad, I was not aware of this condition and made a self-application without consulting any firms, relying on the eligibility criteria mentioned upfront (without reading the full guidance document) . The mandatory parental consent letter was submitted stating all the particulars. It not possible to withdraw the applications and we really do not have an option of not going together. Therefore, I am seeking guidance on how and what evidence could be added here given the reasons we have and put it forward under compelling circumstances.. if any child's sole physical custody letter from my husband can help (we have stated that we are biological parents and share legal custody of the child in our parental consent letter and at this point if we put forward a mutual consent/agreement) Or a lawyers letter from India to this effect? If someone out there ever experience a situation under serious and compelling circumstance? And help on documentary evidence guidelines. Thanks in advance!

This is to update that my child's visa is refused. It is concluded for the reason that this is not a case of sole responsibility and that child can re-apply with father.

So now if we apply for both spouse and child dependent visa (sooner than we actually planned), is there any other requirement of the documents in addition to what is stated under the eligibility - relationship proof, funds (covered by the sponsor), address proof, TB certificate. My questions are:

• Is there any requirement of additional evidence of resignation/leave letter from current job (my spouse is employed within a government department in India).

• Since my visa is granted (I haven't made any entry yet, and we all plan to travel together, once their visa is granted) and their applications will be submitted new, will this be counted as a part of same application?

• Any additional maintenance or savings required, given in the COS maintenance for migrant and dependents certified by the employer.

Grateful for your help and advise.
Kind regards

Thank you @AmazonianX

Also, if someone can guide me on the requirement of a cover note for the Child Dependent Visa (as the first application was refused), do I need to attach any letter stating any reason or anything that can have a positive impact? Or it's not really required?

In terms of timelines, the previous application was rejected a few days back - how much ideal gap should be planned for the fresh application? Does the timing between applications matter? Or can I make another application anytime soon?

In the previous application of the child, we tried for serious and compelling reasons, as initially, father did not submit his application (and we explained that he cannot travel right now). And if we make the application for father now along with the child, will this be seen differently/suspiciously?

Any thoughts on whether there is still risk or it could be a simple successful grant. Or is there any other route possible which could be less risky?

Thanks once again!

There is one inescapable point - the credibility of changing from your previous stated position. This will generate a much higher level of scrutiny and no matter what you state as the new circumstances there is the possibility the visa will still be refused. Please manage your expectations on that basis.

I can not honestly wish you well because you are fully intending to misrepresent the truth and while there is scope within the law to allow your spouse to return and work in India, it seriously impacts the welfare of your child.