Tier 4 Dependant - Refusal of entry clearance

[aim69]

Hi all,

I have been recently refused entry clearance in India. I applied along with my spouse as a dependent for Tier 4 . My spouse (Main applicant) was granted Tier 4 visa , but my application was refused with the following reason stated on my refusal letter.

" You have applied for entry clearance to the United kingdom as the spouse of PBS migrant (my spouse name). However, other than your marriage certificate you have not provided adequate evidence of your spouse's immigration status in the UK. You have not provided adequate evidence to show your spouse is lawfully in the UK. You have applied as a PBS Tier 4 Dependent but failed to provide adequate evidence of your sponsor's status and what level course they are undertaking in the UK. I am therefore not satisfied that you meet the requirements of paragraph 319C (b,e,f+i).

I have therefore refused your application because i am not satisfied, on the balance of probabilities , that you meet all of the requirements of relevant paragraph of the UK immigration rules.

Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002. "

I did not provide my spouse's visa , because we both applied at the same date & time for Tier 4 general & Tier 4 General Dependent. As my belief was that i could apply for a Tier 4 dependent entry clearance at the same time as my main applicant .

My current status - Tier 1 PSW
My spouse status - Tier 1 PSW dependent

I hope moderators and experts in this forum could help me out in this issue.

Thanks.[/i]

[Lucapooka]

You will have to appeal but in addition, for an error as obvious as this, you should definitely try emailing the Entry Clearance Manager (with an explanation similar to what you have stated here) to see if it can be rectified immediately or sooner than usual.

Northern India, Eastern India and Nepal: visqry.newdelhi@fco.gov.uk
Southern India, Sri Lanka: chennai.visaenquiry@fco.gov.uk
Western India: mumbai.visaenquiries@fco.gov.uk

[Greenie]

What level is your spouse's course and at what type of institution is he studying?

[aim69]

thank you for your replies.

My spouse has got her CAS for a Master's course in a major UK University.

[aim69]

In my refusal document it states that " Your right of appeal is limited to the grounds referred to in section 84(1)(c) of the Nationality, Immigration and Asylum Act 2002. " .

When i read the relevant section i understood that i can only appeal if it violates my human rights.

Also, i applied in India , do i qualify for an appeal ?. I thought it would be administrative review only.

Sorry, to ask for more . But your help is much appreciable.

thanks.

[aim69]

Hello moderators,

Any updates on my query above ?

thanks.

[bruteforce]

I suppose you should follow the advise of Lucapooka as it seems like an error from ECO. Although the appeal rights are limited but you must try to approach the ECM or other relevant authority.

[aim69]

thanks bruteforce,

It means i should send an email to ECM , with all relevant details. (OR) I should appeal by filling an application form ?

Sorry, i am not aware of any appeal procedures as such , so your advise would be grateful.

thanks.

[Lucapooka]

This is clearly a very badly-handled application and that is why I suggest you complain to the ECM using the email provided. There is a full right of appeal in this category and it's ridiculous you should have been told otherwise.

APL3.1 Which applications attract a full right of appeal?
From July 9 2012 applications for the following attract a full right of appeal:
1. Family visitors; (see related documents for OPI relating to changes in the qualifying family members);
2. Settlement and dependant categories (including PBS dependants). This applies to dependants where the main applicant has been issued entry clearance and is in the UK;
3. EEA family permits;
4. Overseas domestic workers

[aim69]

thanks Lucapooka,

As per your advice "2. Settlement and dependant categories (including PBS dependants). This applies to dependants where the main applicant has been issued entry clearance and is in the UK;

My partner is in India right now as the Entry clearance has been issued last week.

1. Will i still be entitled to a full appeal ?

2. Also , i presume your advice is to just send an email to the ECM , which means, i don't have to submit any application form or to send any documents. Am i correct in saying so ?

Thank you.

[Lucapooka]

Yes, obviously your partner needs to be in the UK. But I assumed he was intending to go.

[aim69]

he will be travelling to the UK on 12th september.

But at the time when the decision was made , the main applicant was in India .

[Lucapooka]

Then it's more difficult than I first imagined. I would still email them to indicate that the application was mis-handled and ask for a re-consideration. If they don't agree to do this, you may have to re-apply.

[aim69]

Hi Lucapooka,

Am i right to file an Entry clearance application for a Tier 4 Dependent ,along with my spouse who is applying for Entry clearance for a Tier 4 General student , while we are both in India at the time of application ?

[bruteforce]

Hi Lucapooka,

Am i right to file an Entry clearance application for a Tier 4 Dependent ,along with my spouse who is applying for Entry clearance for a Tier 4 General student , while we are both in India at the time of application ?

Has your spouse not already got tier 4 visa?

[aim69]

we both applied together on 13/08/12 in india , main applicant(my spouse) got Tier 4 general Entry clearance on 22/08/12 , i got my refusal on 24/08/12 for my Tier 4 general dependent Entry clearance

[bruteforce]

we both applied together on 13/08/12 in india , main applicant(my spouse) got Tier 4 general Entry clearance on 22/08/12 , i got my refusal on 24/08/12 for my Tier 4 general dependent Entry clearance

Your spouse do not need to apply again as he / she already obtained the entry clearance. You could either lodge an appeal which will obviously going to take quite long or you can write to ECM and in the mean time while you wait for the reply, get your documents ( statement etc ) ready to apply again (only for your dependant visa). Your spouse can travel to the UK if he or she wishes to.

Hope you understand