Delay in Tier 2 administrative review for dependents

[Odius]

Am application for dependents administrative review was made almost 6 weeks ago and we have had no reply. Lawyer submitted on time and am now getting worried. Husband application refused but appeal based on circumstances of children. What could a delay mean. Just worried

[CR001]

Is this the same husband you posted about before that didn't declare a conviction and was refused for deception?

Admin review (which is not an appeal) only deals with the decision based in the original application and documents. It doesnt6 consider new evidence.

[Odius]

Ye sit is, however a new application when with respect to the children alone and the admin review is regarding their application

[CR001]

Why was the visa refused for the children?

[Odius]

They stated that the father was refused a visa and they stated that there was no evidence that the wife has sole custody despite that they are still married.

However they did not address the concerns that the father has mental health problems and has never looked after the children in the first place and is incapable of taking on this role. Documentation was provided. So the admin review was to ask them to comment on this with the view address the safeguarding concerns of the overall care of the children.

[CR001]

Unfortunately, it is not going to be easy if you do not prove you have sole responsibility, as already advised in a previous topic (useful to keep your questions in one thread!!!) : uk-tier-2-employer-sponsored-visas/non- ... l#p1789280

Sole responsibility details HO expects in link below.

immigration-for-family-members/sole-res ... 13087.html

See also 319F or the Immigration rules, where the requirement for both parents to hold valid visas etc is clearly stated.

https://www.gov.uk/guidance/immigration ... ly-members

(f) Both of the applicant’s parents must either be lawfully present (other than as a visitor) in the UK, or being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant or one parent must be lawfully present (other than as a visitor) in the UK and the other is being granted entry clearance or leave to remain (other than as a visitor) at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.

[Odius]

I understand it won't be easy. However I was mainly asking if it is usual for an administrative review to take longer than the 28 days stipulated as it is now over 6 weeks waiting for this reply. I was just trying to have an idea how long this will take to hear the outcome of the case as we have not heard anything.

[CR001]

Yes it does happen that it takes longer sometimes.

Important to remember that admin review is a process only for when you believe UKVI have made an error. In this case they have not as they have followed the rules. New evidence also cannot be included or be considered for admin review. The review is only based on the original application and documents.

[Odius]

Many thanks for the information, I feel they made an error based on my individual circumstances hence I made an administrative review. I appreciate your support.

[CR001]

Many thanks for the information, I feel they made an error based on my individual circumstances hence I made an administrative review. I appreciate your support.

UKVI follow the immigration rules, which are what they are suppose to do. You are married and therefore do not have sole responsibility for the children so have no evidence of such. The father has been refused a visa for deception and failing to declare a conviction.