Below is the refusal letter UKBA have sent to my 9yo son.
Your Application
You have applied for na entry clearance to settle in the United Kingdom. I have considered your application under the paragraph 301 of the United Kingdom Immigration Rules. You can read these rules at: ...
The Decision
You have stated that you intend to join your mother in the United Kingdom and have applied together for Leave to Enter under the Settlement route. Your bith certificate shows that your father was registered and you have also submitted a power of attorney document stating your parents have decided that your maternal grandmother is legally responsible for making decisions regarding your well-being on their behalf. However, you have not submitted evidence that either your maternal grandmother or your father consent to this application being made nor as to the current whereabouts of your father.
Futhermore, you have stated that you have never visited United Kingdom. I note that your mother travelled to the United Kingdom in October 2003, just 14 months after your birth. It is not clear from the evidence before me how long your mother stayed in the United Kingdom during this visit. However, it is stated that your mother agin visit the United Kingdom and reimaned there until February 2012. Whilt there she divorced your father and married a United Kingdom citizen, effectivelly starting a new life.There is no evidence before me as to where you resided during your mother’s firts visit to the UK when you were a 14-month old infant or during the substantial period of 5 years between 2007 and 2012 and who was responsible for your care in your mother’s absence. Although, as you state that you have never been to the UK it is fair to assume on a balance of probabilities that your mother has had any influence on the decisions made regarding your well-being during this time and therefore, I am not satisfied that you are seeking leave to enter to join a parente or parents in one of the following circumstances:
(a) One parente is presente and settled in the UK or being admitted on the same occasion for the settlement and the other parente is being or has been given limited leave to remain in the UK with a view to settlement; or
(b) One parent is being or has been given limited leave to ente ror remain in the UK with a view to settlement and has had sole responsibility for the child’s upbringing; or
(c) One parent is being or has been given limited leave to remain in the UK with a view to settlement and there are serious and compelling Family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child’s care.
301(i)
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all the requirements of the relevant Paragraph of the UK Immigration Rules.
I have submitted the Power of Attorney signed by his biological father authorising him to obtain a passport and to travel with my mother but not that his is aware that my son is applying for a visa in the UK
I didn't know I would need it. So I haven't ask my ex-husband for it. His biological father lives in UK.Now, we cannot locate his father neighter by telephone or address.
he is illegal in the UK and he has never been part of my son's life at all. He abandoned him,. My son does not even know his biological father's face or voice.
Below is the list of documents I have submitted yesterday for the reapplication.
- Duly Completed Application for United Kingdom Entry Clearance Child Dependant Visa
- Sponsorship Undertaking Form
- My son's Passport
- My son's Two Passport Photographs
- My Certified Copy of Passport and UK Spouse Visa
- My husband Certified Copy of Passport
- My mother Certified Copy of Passport – Maternal Grandmother
- My father Certified Copy of Passport – Maternal Grandfather
- My son's Original Birth Certificate
- My son's English Translated Birth Certificate
- My husband's Certified Copy Birth Certificate
- My Original Contested Divorce Certificate
- My English Translated Contested Divorce Certificate
- Our Original Marriage Certificate
- Our English Translated Marriage Certificate
- My son's Original Authorisation for Minor to Travel
- My son's English Translated Authorisation for Minor to Travel
- Power of Attorney from 2003 left bymy son's biological parents, my ex-husband and I, confirming that his maternal grandparents were responsible to look after him since then
- English Translated Power of Attorney from 2003 left by my son's biological parents, my ex-husband and I, confirming that his maternal grandparents were responsible to look after him since then
- Maternal Grandparents’ Certified Statement of Consent
- English Translated Maternal Grandparents’ Statement of Consent
- My Sole Responsibility Statement
- My husband's Sponsorship Statement
- Passo a Passo Nursery Statement
- English Translated Creche Passo a Passo Statement
- SESI Primary School Statement
- English Translated SESI Primary School Statement
- Local GP Doctor Records
- English Translated Local GP Records
- My son's Original Vacination Card
- Church Statement
- English Translated Church Statement
- My previous job in Brazil in 2007 Statement
- English Translated previous job in Brazil Statement
- My Money Transfer Receipts from UK to Brasil – Covering 2007-2011
- My Bank Transactions confirming deposits made to her father from 2007 to 2012
- My father Bank of Brazil Statements from 2005 to 2006
- My Money Transfer Statement
- My husband's National Insurance Number
- My husband's Original Contract of Employment with London Borough of Lambeth
- My husband's Original Letter Confirming Current Employment
- My husband's Original Payslips Covering 6 Months
- My husband's Original P60 – 2010 and 2011
- My husband's Original Halifax Bank Statements Covering 6 Months
- My husband's Original Santander Bank Statements Covering 6 Months
- My husband's Current Bank Account Statements
- My husband's Mortgage Contract, Confirmation of Mortgage Completion, Mortgage Offer of Loan, Balance for Mortgage Completion and Current Mortgage Statement
- My husband's Statement of House Ownership
- My husband's Original Utilities Bills and Council Tax Bills
- Maternal Grandparents’ Original Utilities Bills
- Our Blessing of Marriage Invitation for 14th July 2012, London
- Photographs
- My son's 5th Birthday Invitation – 25th August 2007
- My son's Painting
Do you think we have supplied with enough supporting documents?
We are just so scared about being refused again
Thanks for your help.