# Dependant child visa refusal



## gkt (May 10, 2010)

Good day everyone, please help with information on the below. my colleague has had her sons dependant visa refused needs expert advise and direction, how can the below be tackled? She is in desperate need of advise and guidance. Please help:-

Hello! 

Please help me with an advice if you know what is the best way of acting in a situation like mine. I'm Russian and married to a Briish citizen. We got married in August, 24 2011 and at that momen I had Special visa for marriage. Just today I've recieved spouse visa and happy about it. But the problem is that my son who is ten years old didn't get his dependant visa. We got refusal. Before we lived in the UK for 6 months - my son had Family visitor's visa. My boy's father participated in his upbringing but it was always decided between us that our son stayes with me (my exhusband lives in Russia and we are devorced for 4 years). 

The main things in the Notice of Decision are: 

1. "I have considered your application against paragraph 301 of the Immigration Rules". Later on s/he is speaking about 301 i paragraph. Here it is: 

301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he: 

(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances: 

(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or 

(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child's upbringing; or 

(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; 

2. The decision is mainly based on the fact that David's (it is my son's name) father has input to the boy's upbringing. And it is true but I used to think that it is normal. During the interview David's father said that he worked a lot so David could not stay with him. In the Decision they state: "...regarding you staying with your father is that he is busy with work. However many parents have to work whilst their children grow up and I am not satisfied that this makes your exclusion from the UK undesirable". 

3. At the end "I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of Paragraph 301 i of the UK Immihration Rule". 

We have IAFT-2 Notice of Appeal form. And can appeal within 28 days starting from today. 

Could you please tell me: 

1. Can I apply for a C-visit-child accompanied visa for David now? We need to come back to London. 

2. The appeal should take place in the UK? Can David stay there before the appeal? 

Are there any ways we can win in the appeal? What can we do? 

Thank you in advance!


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## Joppa (Sep 7, 2009)

gkt said:


> Good day everyone, please help with information on the below. my colleague has had her sons dependant visa refused needs expert advise and direction, how can the below be tackled? She is in desperate need of advise and guidance. Please help:-
> 
> Hello!
> 
> ...


This is a tricky situation. UKBA is bound by all sorts of consideration regarding the child's welfare, contact rights of both parents and the longterm interest of the child under the Children's Act. Presumably David's father did give his consent in writing about David being taken to UK? 
Also read http://www.ukba.homeoffice.gov.uk/s...Is/idischapter8/section5a/annex-m?view=Binary

Also what about the involvement of your new husband in David's upbrining? Did he indicate he will be fully involved in his continuing care?

You aren't precluded from applying for a visitor visa for David. Appeal will generally take place in London.

You may need professional advice from someone who knows your exact family situation and can present your appeal in the best possible way. Can your UK husband get legal advice, perhaps through ctitzens advice?


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