ALI97 wrote:Hi Big doby
congratulations. ..can you share more what documents you sent with your kids application and if u can share covering letter ets.it will help others as well.
thanks
Ali
I am finding it difficult to get the file to 50KB. I think what tipped it to my favour is the fact that apart from his mother (my wife) who is not settled, all his (two) siblings are BC. I told Home Office (HO) that family life was engaged and because he has lived more than half of his life in the UK (aged 6), private life was engaged. Remember: CH 9.17.2: The most important criteria is that the child's future could clearly be seen to lie in the UK. Hence, One parent is BC n the other parent, whilst not settled is unlikely in the short or medium term to be returnable to his or her country of origin (as she has been granted Leave to Remain with BC children/spouse), and there is otherwise no reason to think that the child’s future does not lie in the United Kingdom.
Family life under article 8 captures the right to develop and maintain relationships with others and, in my child's case, this included my very self, BC siblings and even his mother as she is not returnable. He has lived in the UK for 3 and 2 months at the time of application in August 2016. Get the Dr to write that he has issues under review even if it is eczema. get the headteacher to write stating obvious facts of your house hold circumstances n that he is the only person in his class who is not a BC. Get the Rev Fr or minister of religion to write that you have perfectly bonded with bC n in the life of the christian n local community. get your MP to support you. my child's referees were high ranking Ministers of Religion (a Rev Fr n Monsignor of his former school and church in Yorkshire b4 we moved to Hampshire). Put in all School pictures n Reports. Put all passports n biometric residence permit. put in EHIC n NHS letters. All your payslips n self employment if applicable. Dont apply close to his ILR as it may be perceived you are trying to avoid paying for ILR first (apply 2 or 3 yrs before s/he qualifies for ILR but make sure s/he has lived in the UK for minimum of 2 yrs). Get as many Representations as possible because the Secretary of State should not normally fail to have proper regard to these (Ch 9.1.6). put other extras like:
o Birth Certificates (1X Ni; 2X UK Short Copy; 2X UK Long Copy)
o Marriage Pictures 9X
o Change of Name Deed Poll 3X
o Marriage Change of Name 1X
o Self-Employment Class 2 NI and Tax Payments
o UK Driving Licence 1X
o European Health Insurance Cards 4X
o Biometric Residence Permits X2
o British Passports (1X for M; 2X Siblings)
o Ni/Brit Passports (3X Current; 3X Expired)
o Representations: MP; your manager; Elderly Relative (2nd Dad) and Medical Letters of Support 1X
o Police Character Reference (2X UK; 2X N)
o Housing Lease Agreement 1X
o Council Tax 1X
o Degree Certificate from the University in the UK 1X
o Bank Statements and Payslips
o University School Fees
o Past Employment and Self-Employment Self-Assessment
o Child Benefit and Tax Credit; Maternity Documents
o Exercise of Franchise (voting Letters)
o Proof of Address
o Past Employment and Self-Employment Self-Assessment
o Photograph of Siblings and their Mother
I completed extra information by stating the obvious:
Future intentions – additional information (further grounds)
Since the burden of proof is on the applicant and standard of proof is on the balance of probabilities, the applicant relies on Chapter 9.17.2, 9.17.9 and 9.17.26 with the former forming the building block in the establishment of his close ties with the UK.
These may be broken down to:
1. Family’s past behaviour
i) Applicant’s parent (father)
ii) Applicant’s other parent (mother)
2. Applicant’s past behaviour
The criteria applicable to minors applying for registration are set out under chapter 9 of BNA 1981: ‘9.17.2 The most important criterion is the child’s future should clearly be seen to lie in the UK. A reliable indicator should be the applicant’s and/or the family’s past behaviour. If that suggests an established way of life in the UK, and we have no reason to think that this will not continue, we should accept at face value that the child intends to live here’.
Finally, remind them politely that Ch 6.14.5 Section 44 of the 1981 Act applies to the 1983 Act and the 1996 Act (but with the exception of subsection (3), when it was in force). In dealing with applications under the 1981, 1983 and 1996 Acts, we must always bear in mind that our actions and decisions may be challenged in the courts. It cost me £118 postage (Royal Mail including return delivery envelope)
I was ready to challenge it so keep money and make sure you have a case.
Apologies - I did not proofread it
Good luck, folks!!!
