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How to sue the Home Office

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Saffa13
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Joined: Sun Mar 05, 2017 4:21 am

How to sue the Home Office

Post by Saffa13 » Sun Mar 05, 2017 4:55 am

I have a very complicated matter regarding me and my 13yr old son's visa. I'm a South African national, married to a Brit Citizen. I've relocated to the UK in Jan 2013 on a spouse visa for 2 and a half yrs. I've recently renewed my visa for FLTR in Oct 16 on the 5yr route. We have also applied for my son to join us in the uk, June 2016 not realising the visa will be granted based on the length of my visa regardless if my husband is his sponsor. When his visa was issued in Aug 16 we were advised to collect his BRP within 10 days of arriva in the UKl. Unfortunately we then learned this visa was only valid for 42 days expiring on 13 Oct 16 along with my visa.
We have since been sent from pillar to post by the home office as they also realised their blunder which is now causing my 13yr old son unnecessary stress as he is not allowed to go to school. He has been home schooled for 5 months. We have contacted our local MP who also tried assisting in this matter but thus had no clue on how to properly assist. We have now spent over £ 4500 on unnecessary visa costs and so far the incompetence of the HO has caused me and my family a tremendous amount of stress.
How do i pursue this matter as ive now also learned that my potential summer job is in jeopardy as i might not be able to make work if i do not hear back from the HO by end of march.

vinny
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Re: How to sue the Home Office

Post by vinny » Sun Mar 05, 2017 9:47 am

They granted your son's entry clearance in accordance with:
Family life as a child of a person with limited leave as a partner or parent wrote:Section D-ECC: Decision on application for entry clearance as a child D-ECC.1.1. If the applicant meets the requirements for entry clearance as a child they will be granted entry clearance of a duration which will expire at the same time as the leave granted to the applicant’s parent, and subject to a condition of no recourse to public funds.
What was the Home Office's blunder?

Did you include your son in your subsequent FLR(M) application?
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CR001
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Re: How to sue the Home Office

Post by CR001 » Sun Mar 05, 2017 12:06 pm

How is your summer job in jeopardy?

Agree with vinny's question, you should have included your son in your visa extension application.

No HO blunder here, the rules are clear and this point of children visa expiry dates in line with the parents visa is well known.
Char (CR001 not Casa)
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kamsi
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Re: How to sue the Home Office

Post by kamsi » Mon Mar 06, 2017 12:06 pm

Just out of interest, was your son stopped from attending school because his visa expired?

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