ILR Tier 2 Dependent Application Administrative review

[myasir]

Hi,

Me and my family dependents (wife, children age 21,18,12) applied for ILR on 15th February 2019. I received a reply from home office to provide additional documents including the Life in UK and English language test results for my kids above 18 years. Since I didn't had these documents I replied that I will provide as soon as we get the results. On 19th February I received email from home office that they have made decision on my application and I should receive the decision by post.

On 22nd February we got the letter that they granted ILR to me, my wife and child under 18 whereas refused the application for children above 18 based on that they didn't have life in UK and English language certificates. Although given us the option for Administrative review.

Can I go for Administrative review as both of my kids have the required certificates now or home office will not accept any new evidences/document.

The reason they didn't sat in these required tests as when I submitted the application, document checklist didn't show that we need to have life in UK and English for then where as it stated that both me and my wife must have these certificates.
Need advice that should I go for Administrative review or it will be a waste of time.

Thanks

[CULLINAN]

Hi,

Me and my family dependents (wife, children age 21,18,12) applied for ILR on 15th February 2019. I received a reply from home office to provide additional documents including the Life in UK and English language test results for my kids above 18 years. Since I didn't had these documents I replied that I will provide as soon as we get the results. On 19th February I received email from home office that they have made decision on my application and I should receive the decision by post.

On 22nd February we got the letter that they granted ILR to me, my wife and child under 18 whereas refused the application for children above 18 based on that they didn't have life in UK and English language certificates. Although given us the option for Administrative review.

Can I go for Administrative review as both of my kids have the required certificates now or home office will not accept any new evidences/document.

The reason they didn't sat in these required tests as when I submitted the application, document checklist didn't show that we need to have life in UK and English for then where as it stated that both me and my wife must have these certificates.
Need advice that should I go for Administrative review or it will be a waste of time.

Thanks

No you dont stand a chance for AR. It was good on the CW that he gave you a chance (incase you forgot to include the Life in UK or English B1) but once you replied that your children over 18 have not taken the tests, the CW refused.

You cannot submit new evidence for AR and this is not a CW error.

Anyone 18-65 has to meet the Life in UK and English test requirements.

But what is the status of the children over 18 visa expiry? Do they still have valid visa??

[myasir]

Thanks for the reply, they still have valid visa till end of this year.

how do I make their new application as dependent? last time I added them as dependent in my main application.

[CR001]

They each complete their own set O form.

[CULLINAN]

Thanks for the reply, they still have valid visa till end of this year.

how do I make their new application as dependent? last time I added them as dependent in my main application.

They should take the Life in UK and English B1 or UK Degree (check they take the right test) and apply for their ILR again before their valid leave expires.
Anyone 18+ is an adult and can apply for ILR on their own. They will apply on SET(O) as PBS dependents individually and all adult applications are assessed on their own merits.

Even when you applied all together you would have filled a separate form for the 18+? but in the same account??

[myasir]

Have two more questions regarding new application
1- Should say yes or no to question "have they been refused UK visa" the home office letter say your application has been refused but they still have valid visa.

2- with regard to question "Consent for the Home Office to request verification checks for joint accounts or third party support" should I select no to the first part
"Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people? (Required)"
and yes to the second
"Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support? (Required)" as they are my dependent and I may have to upload my bank statements

Thanks

[CULLINAN]

Have two more questions regarding new application
1- Should say yes or no to question "have they been refused UK visa" the home office letter say your application has been refused but they still have valid visa. You will say yes as the visa was refused and provide details why it was refused

2- with regard to question "Consent for the Home Office to request verification checks for joint accounts or third party support" should I select no to the first part
"Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people? (Required)"
and yes to the second
"Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support? (Required)" as they are my dependent and I may have to upload my bank statements

The questions are self explanatory. Your children are the applicant’s now. Think from their perspective now. If they are providing any accounts or documents in joint names or relying on any documents for someone supporting them? Answer accordingly
Thanks