Tier 1 Dependent Visa refused

[desertman]

My wife's dependent visa of Tier 1 skilled worker refused from Abu Dhabi on the ground that she is under 21. However the rule of 21 is for the settlement visa of spouse of British citizen.

Clearly mentioned on the link:
http://www.ukba.homeoffice.gov.uk/sitec ... artner-age

and in the policy guide of dependent of PBS as well.

Before applying I also confirmed from Abu Dhabi and UK VACs in Pakistan. All replied for dependent of Tier 1 it is 18 years .

Please suggest me what should I do? Also dont have the full rights of appeal, only have limited rights.

Please please advice me?

[geriatrix]

You can file an appeal against the decision.

Dependants of points-based system Migrants have a limited right of appeal where the main applicant has had their entry clearance application refused. Where the main migrant has been successful in their entry clearance application, their dependants will have a full right of appeal, if their application is refused.

AFAIK, an appealing a decision could be a long-drawn process and may take 6-8 months for a decision to be reached.

You could, alternatively, submit a fresh application.

regards

[hsmpaspirant2008]

Hope you provided marriage certificates (translated in english by authorized person if in other languages), photos and marriage invitation do help.

Appeal the decision it will be over-turned.

My wife's dependent visa of Tier 1 skilled worker refused from Abu Dhabi on the ground that she is under 21. However the rule of 21 is for the settlement visa of spouse of British citizen.

Clearly mentioned on the link:
http://www.ukba.homeoffice.gov.uk/sitec ... artner-age

and in the policy guide of dependent of PBS as well.

Before applying I also confirmed from Abu Dhabi and UK VACs in Pakistan. All replied for dependent of Tier 1 it is 18 years .

Please suggest me what should I do? Also dont have the full rights of appeal, only have limited rights.

Please please advice me?

[desertman]

thanks sushdmehta

I didnt submit the administrative review request notice but I sent them the email with stating all in detail with the links for reference but ECO replied that he didn't made the mistake.

I confirmed from UKBA, they replied and confirmed the age of 18 then don't know why ECO is saying that he didnt make any mistake.

Administrative review request notice, is this not only for the main applicant or dependent can use this as well?

What r the other ways that i can use?

[desertman]

thanks hsmpaspirant2008

Can I appeal, if i have limited rights of appeal ?

ECO even didnt give me the full rights of appeal.

[geriatrix]

Thanks for pointing out the error I made. The Administrative Review is indeed only meant for review of decisions on applications by the main applicant. Hence I have amended my previous post!

Have you received any information booklet / appeal form along with the refusal letter?

For appeals against an entry clearance officer´s decision, you need to use the appeal Form AIT 2 which is issued to you by the embassy or British High Commission when your application is refused.

regards

[geriatrix]

All refusal decisions are appealable but some refusal decisions only have appeal rights on limited or residual grounds. These are appeal rights on the grounds of race discrimination and human rights.

These grounds are residual because they derive from non-immigration legislation. Post is not required to tell a person with limited rights of appeal how to exercise that appeal. The refusal form will simply state that they have a limited right of appeal. However if an applicant asks for an appeal form to make a limited right of appeal, Post must give them the AIT-2 form and re-serve the notice of decision (GV51(LRA)). The appellant will have 28 days from the date of service of the GV51(LRA) to return the AIT-2.

Also see Appeals


regards

[desertman]

No sushdmehta, They didn't send me any appeal form. On refusal letter is written that

------------------------
Your application doesnt attract full right of appeal under section 82(1) of the Nationality, immigration and Asylum Act 2002. Your right of appeal is limited to any or all of the grounds referred to in section 84(1)(b) and (c) of the Nationality, immigration and Asylum Act 2002 namely:

(b) the decision is unlawful by virtue of section 19 B of the Race relations Act 1976 (c 74) (Discrimination by Public Authorities)

(c)that the decision is unlawful under section 6 of the human rights Act 1998 ...

--------------------------

so under this refusal notice Can I appeal or not ? what is the other option that I can use.

thanks

[geriatrix]

so under this refusal notice Can I appeal or not ? what is the other option that I can use.

thanks

I cannot say whether or not the reason of refusal falls under either of these two categories as I am not a legal expert. IMHO though, there is no harm in submitting an appeal even if it gets rejected because it doesn't fall under any of these 2 categories (human rights / race relations). This said, the downside is, as I have already mentioned, that it is a long drawn process. It is for you to decide whether you would want to appeal and are ready to wait patiently for a decision which could be as late as 6-8 months!

The other option, again as mentioned before, is to apply again!

regards

[desertman]

thanks sushdmehta

what about the judicial review ? should I go for that or not? I think it will be quicker as well.

http://www.ukvisas.gov.uk/en/ecg/appeals/judicialreview

[geriatrix]

APL6.2 When can a claimant use judicial review?

Where there is a limited right of appeal.
Where all opportunities to appeal have already been used.

You can either appeal or apply again. Period!

regards

[desertman]

thanks sushdmehta,

I again sent an email to ECO with request to review the application. If he didnt get back to me then I will send appeal.

[geriatrix]

IMHO EC decisions are not reviewed on basis of emails from applicants.

regards

[desertman]

thanks sushdmehta, You are right,

tomorrow i am sending my appeal letter with all the details to Abu Dhabi. I hope the decision will be over turned at the first stage inshallah then it will not take longer.

[geriatrix]

When you submit the appeal form, do include with it a printout of the dependent policy guidance page 8 and also a printout of this webpage on the UKBA website that makes it clear crystal to the ECO that the age requirement for dependents is 18 years and that the decision made was not as per the rules.

35. In order to be granted entry clearance as a spouse, civil partner, unmarried or same sex partner, the family member and the main applicant must be aged 18 or over on the date he/she is due to arrive in the United Kingdom.

21 August 2009
The UK Border Agency has clarified the age requirements for husbands, wives and civil partners under the points-based system (PBS).

To be allowed to enter the United Kingdom as the husband, wife or civil partner of a PBS applicant, the dependant and the main applicant must both be aged 18 or over on the date when they are due to arrive in the United Kingdom.

Paragraph 35 of the policy guidance for PBS dependants has been amended to include this clarification. You can download the revised policy guidance from the right side of this page.

I hope that this will speed things up. All the best.


regards

[desertman]

thanks sushdmehta

yeh i did like tht, took the print out of these links and the emails that i received from different resources, attached all with AIT-2 form.

let us see how much time they take and what they decide?

thank you very much sushdmehta for your help.

regards