Extension approved, 1 dependent got refusal, advised for AR

[Capri]

Dear gurus and members,
Yesterday I came to know that my extension application is approved but one of dependent got refusal, and asked that can apply for AR of this decision, need your opinions that I do not think that I ever heard that application approved and one dependent application refused, I am main applicant and applied with 4 dependents, my husband and 3 kids, all application got approval except my daughter. reason is when we applied for initial she was under 16, and and when applied for extension, she was over 16, and we did not submit enough documents, here I wanna mention I applied for extension through solicitor. I want to ask that my solicitor has to apply for AR or our-salves.
thanks in advance

[CR001]

Useful if you state the exact wording of the refusal letter, taking out personal information.

Unusual for a minor's application to be refused, unless she is over 18 already and living an independent life.

[Capri]

Useful if you state the exact wording of the refusal letter, taking out personal information.

Unusual for a minor's application to be refused, unless she is over 18 already and living an independent life.

thanks CR001 for your prompt response, wording as
"On April 2014 you were granted Leave to Remain in the United Kingdom tier 1 dependent child April 2017. Therefore you do not satisfy the requirement of Immigration rules for the category and it has been decided to refuse your application for leave to remain as dependent of a point base system Migrant under paragraph 319H(d) of the immigration rules. When your application was submitted you were over the age of 16 and evidence of dependency as specified was no submitted. (319H(d) given)",
after this also mentioned
"Consideration has also been given to section 55of the Borders, Citizenship and Immigeration Act 2009 (Duty regarding the welfare of children)"

[CR001]

How old is the child?

What evidence of dependency did you submit?

[rangers]

congratulations...what was your timeline?

[Capri]

How old is the child?

What evidence of dependency did you submit?

this is the problem, as I applied through solicitor, and he did not asked me to give any dependency document of any child just birth certificate, passports because I did not aware of this problem at time of my application submission, although I realized about my husband dependency docs so I have submitted with application (like marriage certificate, bank statements etc) and as you know with extension application we have to submit lots lots of doc, if I were told child dependency docs are needed so I do not have this problem now.
my daughter is 18 now.

[nali78]

Share your time line please

[Capri]

congratulations...what was your timeline?

thanks, my time line as
T1 extension application sent: 03-04-2017
Biometrics letter received : 10-03-2017 (date on letter 06-04-2017)
Biometrics done : 10-03-2017
exceptionally complex issues email received: 22-04-2017
Interview: 16-11-2017
IHS partially refund: 22-02-2018
Approval letter received :15-03-2017 (dated 12-03-2017)

[Capri]

Share your time line please

T1 extension application sent: 03-04-2017
Biometrics letter received : 10-03-2017 (date on letter 06-04-2017)
Biometrics done : 10-03-2017
exceptionally complex issues email received: 22-04-2017
Interview: 16-11-2017
IHS partially refund: 22-02-2018
Approval letter received :15-03-2017 (dated 12-03-2017)

[vinny]

You are right.

Your solicitor should have alerted you to 319H(d).

[vinny]

"Consideration has also been given to section 55 of the Borders, Citizenship and Immigration Act 2009 (Duty regarding the welfare of children)"

This appears to be a throwaway line handed out whenever children are refused.

If this were true, then I think they would have given you the opportunity to produce the missing documents.

[Capri]

"Consideration has also been given to section 55 of the Borders, Citizenship and Immigeration Act 2009 (Duty regarding the welfare of children)"

This appears to be a throwaway line handed out whenever children are refused.

If this were true, then I think they would have given you the opportunity to produce the missing documents.

thanks vinny, we are advised to seek admin review of the decision, sent online link, can I ask that can we send via post as well or I must do it online?

[vinny]

What did the refusal letter say?

Did they give information on appeal or AR?

[Capri]

What did the refusal letter say?

Did they give information on appeal or AR?

In refusal letter:
Reason for decision wording as:
"On April 2014 you were granted Leave to Remain in the United Kingdom tier 1 dependent child April 2017. Therefore you do not satisfy the requirement of Immigration rules for the category and it has been decided to refuse your application for leave to remain as dependent of a point base system Migrant under paragraph 319H(d) of the immigration rules. When your application was submitted you were over the age of 16 and evidence of dependency as specified was no submitted. (319H(d) given)",
after this also mentioned
"Consideration has also been given to section 55of the Borders, Citizenship and Immigeration Act 2009 (Duty regarding the welfare of children)"

On next page in written letter:
enforcement warning
ADMINISTRATING REVIEW
You may seek administrative review of the decision to refuse leave to remain. You may only seek an administrative review of this decision if you think there has been a case working error. There is a fee for administrative review. The fee will be refunded if the outcome of the administrative review is that leave is granted,
You may apply for administrative review online. The online application can be accessed at https://eforms.homeoffice.gov.uk/outrea ... dance.ofml
You have 14 calendar days after the date on which you received this decision to apply for administrative review

[vinny]

Follow their instructions.

Unfortunately, I don't think you can win the AR because they won't accept additional evidence.

But it may give you more time to prepare a new application, subject to 39E.

[bizman]

I will advise you send in a new application as soon as you can for this child and include all relevant dependent documents with copies of your approval letters and BRP. AR will not be successful as HO will not admit new documents.

[Capri]

Thanks vinny and bizman, but I am so confused why is this over 16 age issue is created, because dependent age is under 18 refer to https://www.gov.uk/tier-1-entrepreneur/family-members
Also they should ask additional documents according to over view of AR https://eforms.homeoffice.gov.uk/outrea ... dance.ofml.

[pam16]

Hi Capri,
I’m really sorry to hear that your child has been refused and worried at the same time as I’m sailing in the same boat. My son has turned 18 and like you we weren’t advised by the solicitor to submit any documents. I have also been reading up on that and have found that these evidences are required if the dependent, either has exceeded the time (not within 14 days of grace period before the visa expiry) or was not granted the previous visa under the same capacity. Did you apply for them at the same time as you?
Thanks

[Capri]

Hi Capri,
I’m really sorry to hear that your child has been refused and worried at the same time as I’m sailing in the same boat. My son has turned 18 and like you we weren’t advised by the solicitor to submit any documents. I have also been reading up on that and have found that these evidences are required if the dependent, either has exceeded the time (not within 14 days of grace period before the visa expiry) or was not granted the previous visa under the same capacity. Did you apply for them at the same time as you?
Thanks

thanks pam16, yes I submitted application before 3 weeks of expiry date, with depents.

[Capri]

Respected gurus and members,
As my solicitor was so confident that we can win AR, so we applied for AR, but it was refused, can I know that after this decision how long we have to submit a new application, decision letter is so confusing, somewhere it is mentioned for one week time, and somewhere 14 days.
I am so frustrated, according to my solicitor we have to submit fresh application, and JR as well.
Your precious opinions are most welcomed and waited.

[marcnath]

Respected gurus and members,
As my solicitor was so confident that we can win AR, so we applied for AR, but it was refused, can I know that after this decision how long we have to submit a new application, decision letter is so confusing, somewhere it is mentioned for one week time, and somewhere 14 days.
I am so frustrated, according to my solicitor we have to submit fresh application, and JR as well.
Your precious opinions are most welcomed and waited.

Sorry to hear about that. But I think @vinny had already suggested this may happen and I hope you took the advice to prepare the new application.

But more importantly, you are asking people to guess what it means when you just say "somewhere it is mentioned one week ....". If you put in the full text, we may be able to help interpret.

Also, if you can share the argument your solicitor has in mind to do JR that will help.

A fresh application makes sense. Suing your solicitor may make sense. But I can't see what the JR argument would be here.

[Capri]

Respected gurus and members,
As my solicitor was so confident that we can win AR, so we applied for AR, but it was refused, can I know that after this decision how long we have to submit a new application, decision letter is so confusing, somewhere it is mentioned for one week time, and somewhere 14 days.
I am so frustrated, according to my solicitor we have to submit fresh application, and JR as well.
Your precious opinions are most welcomed and waited.

Sorry to hear about that. But I think @vinny had already suggested this may happen and I hope you took the advice to prepare the new application.

But more importantly, you are asking people to guess what it means when you just say "somewhere it is mentioned one week ....". If you put in the full text, we may be able to help interpret.

Also, if you can share the argument your solicitor has in mind to do JR that will help.

A fresh application makes sense. Suing your solicitor may make sense. But I can't see what the JR argument would be here.

many thanks marcnath, your suggestions are always helpful, I was so confused that is why I asked experts opinion, and yes JR will not helpful but I do not know what my solicitor has in his mind, in this forum I am advised before to prepare new application, but solicitor tried AR, I will let you know if he will go for JR with his arguments, meanwhile I am preparing new application.

[Capri]

Respected gurus and members,
just want to share a good news that my daughter whose application was refused and AR also refused than I have submitted fresh application, and by the grace of God it is now approved, if anyone has this type of problem I will be happy to help after having this experience. One important thing if you have any dependent over 16 please add in you documents his/her proof of address, when applying for extension, most of the solicitors do not know about it, but it is necessary.
Thanks this forum.

[kaps84]

Congratulations Capri !

[Capri]

Congratulations Capri !

thanks