Tier 1 Extension Application for Dependant Child Refused

[John-for-Justice]

Dear All,
One of my 3 dependant, my child age 16 has just been refused extension. Two of them including my wife (his mother) were successful. The reason for the refusal was stated thus: You have not provided 2 specified documents confirming your residential address, ... As specified in 319H-SD. My child lives and has always lived with us and has just done his GCSE exams. He was given an option for Administrative Review. I am not sure what the outcome of the administrative review shall be since we omitted the two documents specified in 319H-SD entirely.

As these documents were not mentioned anywhere in the application form as being required, young dependants who have turned 16 on or before application date are vulnerable to the refusal decision as the tendency to entirely omit these documents is very high. I am not sure HO will change their decision if I apply for the AR.

Can someone suggest to me what I should do to remedy the situation.

John

[vinny]

As these documents were not mentioned anywhere in the application form as being required, young dependants who have turned 16 on or before application date are vulnerable to the refusal decision as the tendency to entirely omit these documents is very high. I am not sure HO will change their decision if I apply for the AR.

Point out that if these required documents were not mentioned anywhere on the application form as being required, then how was an applicant supposed to know that they were required, unless by trawling through the comparatively complex rules and guidance (in 120)?

Similar to

I am left perplexed and concerned how any individual whom the Rules affect (especially perhaps a student, like Mr A, who is seeking a variation of his leave to remain in the United Kingdom) can discover what the policy of the Secretary of State actually is at any particular time if it necessitates a trawl through Hansard or formal Home Office correspondence as well as through the comparatively complex Rules themselves. It seems that it is only with expensive legal assistance, funded by the taxpayer, that justice can be done.

[marcnath]

Also add that CW could have used evidential flexibility and requested the missing documents. It is a weak argument but worth making

[vinny]

The evidential (in)flexible policy apparently only applies to PBS applications and seems to be more of an effort to restrict caseworkers. In this non PBS case, the caseworker should have also considered the best interests of the child and asked for further evidence before refusing. Such refusals brings the Home Office into disrepute.

[CR001]

Immigration Rules Part 8 - Points Based Depedents - 319H-SD states :

https://www.gov.uk/guidance/immigration ... ly-members

319H-SD Specified documents and information
Applicants who are over the age of 16 on the date the application is made must provide the following specified documents and information:
(a) The applicant must provide two items from the list below confirming his residential address:
(i) bank statements,
(ii) credit card bills,
(iii) driving licence,
(iv) NHS Registration document,
(v) letter from his current school, college or university, on official headed paper and bearing the official stamp of that organisation, and issued by an authorised official of that organisation.
(b) The documents submitted must be from two separate sources and dated no more than one calendar month before the date of the application.
(c) If the applicant pays rent or board, he must provide details of how much this amounts to each calendar month.
(d) If the applicant is residing separately from the Relevant Points Based System Migrant, he must provide:
(i) reasons for residing away from the family home. Where this is due to academic endeavours he must provide confirmation from his university or college confirming his enrolment and attendance on the specific course, on official headed paper and bearing the official stamp of that organisation, and issued by an authorised official of that organisation,
(ii) the following evidence that he has been supported financially by his parents whilst residing away from the family home:
(1) bank statements for the applicant covering the three months before the date of the application clearly showing the origin of the deposits; and
(2) bank statements for the applicant’s parent covering the three months before the date of the application also showing corroborating payments out of their account.

[CR001]

Point 120 in the Tier 1 Dependent Guidance notes also clearly state the requirements.

https://assets.publishing.service.gov.u ... 7-2018.pdf

Documents required
120. If you are over the age of 16, you should submit the following documentation in support of your
application. Two items from the list below confirming your residential address:
• bank statements; and/or
• credit card bills; and/or
• driving licence; and/or
• NHS Registration document; and/or
• letter from your current school, college or university confirming your address. This must be on
official headed paper and bearing the official stamp of that organisation. It must have been
issued by an authorised official of that organisation.
121. The documents submitted should be from two separate sources and dated no more than a
month prior to the date of application.

[John-for-Justice]

Dear all,
If the child applies for AR and he is still refused, what are his chances of making a fresh application within the UK?
John

[marcnath]

Dear all,
If the child applies for AR and he is still refused, what are his chances of making a fresh application within the UK?
John

He can do that within 14 days