rejected for child settlement under 18 uk visa

divyakhadye · Post by **divyakhadye** » Thu Apr 21, 2011 1:53 pm

hi! My name is divya. Im 17 years old. I had applied for uk visa in the category 'child settlement under 18' since my mom is an idefinite residant in London. But my Application got rejected since you need both your Parents settled in uk.

I dont wish to Appeal.

But i wana visit my mom atleast for a Month.
So can i now Apply for a Child Visitor Visa?

Post by **vinny** » Thu Apr 21, 2011 2:08 pm

Where is your dad?
Can your mom show that she has sole responsibility over you?
Why don't you wish to appeal?

divyakhadye · Post by **divyakhadye** » Thu Apr 21, 2011 2:26 pm

my Parents relationship broke up years back. Not Legally but. im in no contact with my father. all this info was mentioned in the application but they still rejected it saying they need legal evidence.

and i dont wish to appeal because its a lengthy process, i heard it takes around 9 months in settlement case. and by that time i wont be 18.

i need to visit my mom atleast for few days. so can i apply for child visitor visa?

Post by **Greenie** » Thu Apr 21, 2011 2:29 pm

if you apply for the child visit visa so soon after applying for a settlement visa then it is likely to be refused as the ECO will not be satisfied that you intend to return.

It doesn't matter that you will turn 18 by the time of the appeal, what matters is that you were under 18 at the time of the application.

The appeal process is lengthy but if you meet the rules and can respond to the issues raised by the ECO then you will have a better chance of succeeding before an immigration judge.

divyakhadye · Post by **divyakhadye** » Thu Apr 21, 2011 2:41 pm

I got rejected on the 14 of april. I have a Summer Break this Whole may month.
I wished to visit my Mom only for a FEW days. so i had planned to apply for a child visa this week. i can even manage to get a permission letter from my dad so that i can visit my mom.

what can i do to make them believe that i'll come back? or till what time should i wait to apply again?

Or any other ways i can undertake to visit my mom this month?

divyakhadye · Post by **divyakhadye** » Thu Apr 21, 2011 3:20 pm

Please Help

Post by **batleykhan** » Fri Apr 22, 2011 3:06 pm

I agree with Greenie, if you apply for a visitor visa you will be refused due to the fact that you applied for settlement and the ECO will not be convinced you will return back to where you live.

Best option is to appeal. I know it takes a long time but providing you can get what Vinny has stated, you will probably succeed and this will enable for you to be with your mum for ever. If you go over 18 than the chance of getting the right visa will become doubly hard to get,

Post by **geriatrix** » Fri Apr 22, 2011 3:29 pm

See also SET7.8 What is sole responsibility?

Given that your father has had no / very little contact with you, IMHO, the more evidence you can show that you have been dependant on your mother (sponsoring parent) and she has been the only one responsible for your care and upbringing, higher will be the chances of the appeal being allowed.

If I may ask, are your parents divorced or legally separated or living separately (not divorced or legally separated).

divyakhadye · Post by **divyakhadye** » Fri Apr 22, 2011 3:30 pm

Hey Thank you.
But what's there in Appealing?

I mean the Reason they Stated was
-i have to show Legal Evidence that my Parents are Seperated. Or
- my Father was Deceased.

So now do they have to get Divorced for the visa's Sake?
Or a Letter from my Father Giving my Mom the Sole Responsiblity will do?

Another Reason They Gave was
- My mom's Income wasnt Sufficient to Support me.
Well this is not a Problem since Income can be increased.

Please suggest Something for the first Problem.

divyakhadye · Post by **divyakhadye** » Fri Apr 22, 2011 3:34 pm

They live Seperately.
I'll be Turning 18 this september.
So if i Appeal now will it do?
My visa got Rejected on the 14 of this month.

and my mom lives in london so the appeal thingy will be done in India or there?

Do i have to be present there?

Post by **geriatrix** » Fri Apr 22, 2011 4:11 pm

I believe a legal document to prove that your mother has sole responsibility isn't mandatory in your case since your parents are not divorced or legally separated.

But, because your parents aren't divorced / legally separated, there is a need to present strong evidence(s) to prove the following:

1. Your father has had no / negligible contact with you.
2. Your father has had no / negligible role in your upbringing and care.
3. You have not lived with your father / his relatives since your parents separated.
4. For how long you have been separated from your mother (sponsoring parent) who is, unfortunately given the circumstances, the only parent in your life.
5. What were the arrangements for your care before and after the your mother (sponsoring parent) migrated to the UK?
6. Has the your mother (sponsoring parent) consistently supported you, either by: direct personal care ; or by regular and substantial financial remittances?
7. By whom, and in what proportions, is the cost of the child's maintenance borne?
8. Who takes the important decisions about the your upbringing, for example where you live, the choice of school, religious practice etc?

Your mother can submit the appeal in UK on your behalf, if she wishes to.

divyakhadye · Post by **divyakhadye** » Fri Apr 22, 2011 4:28 pm

Thanks.

But how can there be a Document that'd prove i have no contact with my Father?
In my case i had a British Solicitor Appointed and i feel he Showed all the required documents.
I stay with my Aunt along with my Brother. My mom only takes all my Decisions.
What do they mean By "Legal Evidence"?

Will a letter from my Father Allowing me will do?

And i want my Mother to submit the Appeal in Uk since i dont wana go through all this stuff.
I wouldnt be Required in the appeal Procedure, will i?

and Like a said I'd be turning 18 this september. will that matter?

Post by **vinny** » Fri Apr 22, 2011 4:46 pm

Greenie wrote:It doesn't matter that you will turn 18 by the time of the appeal, what matters is that you were under 18 at the time of the application.

The appeal process is lengthy but if you meet the rules and can respond to the issues raised by the ECO then you will have a better chance of succeeding before an immigration judge.

Post by **vinny** » Fri Apr 22, 2011 4:51 pm

See also Appeals - Visa application guide and Appeals.

divyakhadye · Post by **divyakhadye** » Fri Apr 22, 2011 5:05 pm

hey Thanks.

Im being a Little Negative,
But what if the Appeal doesnt work out? I mean what if they stick to their previous decision?

what then?

Post by **geriatrix** » Fri Apr 22, 2011 5:12 pm

divyakhadye wrote:But how can there be a Document that'd prove i have no contact with my Father?

Perhaps a sworn affidavit from your father to prove point 1 & 2 from the list in my earlier response.

divyakhadye wrote:In my case i had a British Solicitor Appointed and i feel he Showed all the required documents.

The result indicates that he missed some.

divyakhadye wrote:What do they mean By "Legal Evidence"?

e.g - court order to prove your mother has sole responsibility.

divyakhadye wrote:Will a letter from my Father Allowing me will do?

I don't think so. May have been sufficient for a "visitor visa" but not for "settlement visa".

divyakhadye wrote:And i want my Mother to submit the Appeal in Uk since i dont wana go through all this stuff.

See the links Vinny has provided above.

divyakhadye wrote:I wouldnt be Required in the appeal Procedure, will i?

No.

divyakhadye · Post by **divyakhadye** » Fri Apr 22, 2011 6:21 pm

I know ive been asking very stupid questions,
but thank you so much.

and a Sworn Affadavit? That'll help?

and like a asked earlier,what if the Appeal doesnt work out? what then?

Post by **geriatrix** » Fri Apr 22, 2011 9:50 pm

divyakhadye wrote:and a Sworn Affadavit? That'll help?

I think so. But I am not a solicitor so cannot say for sure ... but a competent solicitor will be able to.

divyakhadye wrote:and like a asked earlier,what if the Appeal doesnt work out? what then?

If a settlement visa has been refused in the past, approval of a visitor visa becomes much more difficult (for reasons mentioned by some earlier in the topic). IMHO, approval of a visitor visa application in such case(s) rest(s) largely on the applicant providing very strong and compelling evidence(s) of strong ties to home country.

Post by **vinny** » Fri Apr 22, 2011 9:53 pm

If the appeal doesn't work out, then you're probably no worst off than you are now.

Note that a court order may prove legal/sole custody, but may be insufficient for proving sole responsibility. However, it should help.

divyakhadye · Post by **divyakhadye** » Sat Apr 23, 2011 7:42 am

Thanks.

So Roughly I'd need an Additional
-Affadavit from my Father like Sushdmehta Suggested.

-And my Mom needs to show a Better Income.

(well these were the only two Reasons they Mentioned for Rejection)

and btw Should i Reapply or Appeal?
An appeal in Settlement case compulsorily takes 9 months?

Also,
if i Apply for a visitor visa What Strong ties can i Show?
Since im 17 i dont have any Property or Bank Accounts.

can we Show that i have a Education to complete?
or
An Affadavit Stating that I'd come Back(I know its silly buy still, can I?)

And Seriously I will come Back, Why would i Break A Law at such an young age.

Post by **vinny** » Sat Apr 23, 2011 8:06 am

Appealing does not prevent you from making a fresh application in this or any other category. It may best to keep your options open and appeal within the time limit.

divyakhadye · Post by **divyakhadye** » Sat Apr 23, 2011 11:39 am

oh okay! Thanks.

Can you Help me with the Affadavit Part?

Would that be Enough to Prove Sole Responsiblity.

Ofcourse other Documents like the Payslips, Phone cards, and all the previous Documents would be Included.

Post by **vinny** » Sat Apr 23, 2011 11:46 am

Ask your mother to read the given links on sole responsibility very carefully.

divyakhadye · Post by **divyakhadye** » Tue May 03, 2011 6:17 pm

Hi Again.

There's a Problem. My Mom doesnt wants to Appeal since our Solicitor is charging a Bomb. And Also he said that he there is Not even 90% Gaurantee
that our Work will be done. so my Mom is against Appealing since she doesnt wants to get into all this. This Sucks

Now my Question is,
What if i Apply for a Family Visit Next year.
I know its difficult post settlement rejection.

but,
by next year if i Show some Strong Reasons to come back Like,
-A job In some Aviation Company
- proper Bank Balance
-Studies to Continue (since i'll be doing college in correpondence)

Will that Work?

divyakhadye · Post by **divyakhadye** » Tue May 03, 2011 6:47 pm

On what other grounds is it likely to be Refused except for the "settlement History"
And i dont think there's a written Rule that you cannot get visas under other category's after settlement Rejection.

All this is making me sick but i need to visit my Mom.

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rejected for child settlement under 18 uk visa

rejected for child settlement under 18 uk visa