紧急求助:3岁宝宝的签证被拒。 孩子在英国出生, 5个月大左右回国至今。我在持Tier2签证, 明年9月中旬 到期。 孩子的爸爸在国内工作, 此次没有和孩子一起办理签证。
问题:
(1) 接下来该怎么做?签证表和checklist根本没提要求双方父母都在英国的或者一起申请的要求。 孩子爷爷身体不好, 这个理由appeal 行吗, 可是申述的表上说不可以补充新的材料和信息。
(2) 如果孩子和他爸爸两个人重新申请。 孩子的爸爸申请general Visitor (family), 孩子dependant行吗?
盼回复, 先谢谢了。
Decision letter 如下:
You have applied for an entry clearance as a dependent of a PBS migrant to the United Kingdom to 14/09/2015. I have considered your application against paragraph 319H of the Immigration Rules.
You can read these Rules at.
ukba_homeoffice gov_uk/policvandlawfimmiqrationlawlimmigrationrules/
have used all the information provided by you to determine if the Immigration Rules have been met. In reaching my decision, which has been made on the bafance cf probabilities, I note the
faliowing points.
The Decision
You have appEied to join your mother in the UK, I not that your mother is a PBS Tier 2 General
Migrant with leave to remain until 14/09/2015. In support of your application your mother has written a letter, which states that for the past two years you have been living with your father and your grandparents in China It also states that your father will travel to the UK to see you and your mother in the fallowing year. am therefore not satisfied that both of your parents are lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as you. Therefore you application is refused under paragraph 319H(f) of the Immigration Rules.
! have therefore refused your application because am not satisfied, on the balance of probabilities, that you meet alt of the requirements of the relevant Paragraph of the United Kingdom Immigration
Your right of appeal
You are entitled to appeal against this decision under section 82(1) of the Nationality, Immigration and Asylum Act 2002. If yau wish to appeal you must complete the attached IAFT-2 Notice of。。。
相关的政策如下:
(f) Both of the applicant’s parents must either be lawfully present in the UK, or being granted entry clearance or leave to remain at the same time as the applicant or one parent must be lawfully present in the UK and the other is being granted entry clearance or leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious or compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made in the UK for the applicant’s care.