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TIER 4 - My Child Age 3 years got refused

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Pratt
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TIER 4 - My Child Age 3 years got refused

Post by Pratt » Tue Jul 22, 2014 3:12 pm

I have applied for my Wife and Child Tier 4 dependent visa and my child visa got refused .

They have mentioned "You have applied for entry clearance to join, Father_Name, who you claim is your father. You were born on Aug 2011. As evidence of relationship, all you have provide a birth certificate dated 12/12/2013. I note however that Father_Name failed to declare you as his child in Tier 2 application dated in Dec 2013., some two years after your birth. In the application ( ref :…..), Father Name replied ‘No’ in response to question 51 questioning as to whether he had any dependent children. No explanation has been provided as to why Father_name would not declare you as his child in his Tier 2 Application. If you genuinely are. I am therefore not satisfied on the balance of probabilities and on the evidence before me that you are a child of a parent who has valid leave to enter or remain as a relevant points based system migrant. They have refused the application under paragraph 319H(b)(i) of the Immigration rules.
They have asked to appeal against the decision under Section 82(1) of the Nationality, Immigration and Asylum Act 2002 and asked us to submit IAFT -2 Notice of Appeal form.

I have below concerns.
I have applied under Tier 2 which they have mentioned. I am not sure because mine is tier 4 dependents.
Normally I didn't require his birth certificate, So I didn't applied. It required the birth certificate at the time of his passport making, that Time we asked for birth certificate.

Please suggest me what to do.... Any help will be highly appreciated. Many thanks in Advance.

Pratt
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Joined: Tue Jul 22, 2014 2:47 pm

Re: TIER 4 - My Child Age 3 years got refused

Post by Pratt » Wed Jul 23, 2014 9:53 am

I could see so many view.. No Response .. Hard Luck... If someone has any idea please provide me with the details.

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Frontier Mole
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Re: TIER 4 - My Child Age 3 years got refused

Post by Frontier Mole » Wed Jul 23, 2014 10:02 am

The tier 2 comment looks like being a typo.

The matter as to not declaring the child in an earlier application remains unexplained by you. Why did you not declare the child?

Pratt
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Re: TIER 4 - My Child Age 3 years got refused

Post by Pratt » Sun Jul 27, 2014 11:07 am

Thank you for your response. I think that is the mistake committed from my side. I interpreted the question wrongly but I have written everything in the cover letter. Now I am going alone and will take my wife and child once I shall be settled.

Now What should be next step. One thing I can write a Letter and commit the same thing which I have told you.

Second thing I need to appeal for tier 4 visa not tier 2.

Please provide me your valuable comments.

Pratt
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Posts: 8
Joined: Tue Jul 22, 2014 2:47 pm

Re: TIER 4 - My Child Age 3 years got refused

Post by Pratt » Mon Jul 28, 2014 4:01 pm

Dear Frontier Mole,

Can you please share your suggestions with me.. I shall be highly thankful to you.

I would request the experts, can you please share your suggestions . It is urgent Issue for me.

One more thing what is the procedure to file a Tier 4 Appeal and how much time does it takes.

Best regards,

Pratt
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Joined: Tue Jul 22, 2014 2:47 pm

Re: TIER 4 - My Child Age 3 years got refused

Post by Pratt » Wed Jul 30, 2014 10:57 am

No reply after so many views?!! Can please somebody help with this problem ..... What I have to either file a new application or Appeal.. Your help is highly appreciated.

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Frontier Mole
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Re: TIER 4 - My Child Age 3 years got refused

Post by Frontier Mole » Wed Jul 30, 2014 11:01 pm

Unless you can provide proof that the child is yours then you are going to struggle no matter what you do.
Either way you will have to overcome the point that you did not declare your child in your earlier application. Even accepting it was an oversight / misunderstanding I doubt anything other than. DNA test would convince the ECO or a court in the UK.
Other evidence that would normally set the record straight the birth certificate in most cases is fairly worthless because of the ability to get one some considerable time after the birth.
I can't advise you on the best route as both have major pitfalls.
Personally I would appeal rather than go for a new application but you are going to have to provide a DNA test to overcome the omission you made as there is no credibility stating it was an oversight. With the DNA test there.can be no argument.

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