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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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my 6 month old sons tier one dependant visa was refused because

Resolved Question:

my 6 month old son's tier one dependant visa was refused because they cannot establish the relationship between me and my son! I have submitted a birth certificate and his passport - i am currently serving consulting with the undp in Nigeria, my son was born in India (his maternal home)and was issued a zimbabwean passport (as i am Zimbabwean). I applied for the dependancy status in nigeria as my wife and son joined me here for one month before we were all supposed to head back to the uk. THey also asked for my barclays statements to be stamped by the bank - this is easy. But what further documentary evidencecould they ask for to proove that my six month old is really my son!!
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 5 years ago.

Awan-Legal : Hi
Customer:

hello - apologies but my internet connection is slow here in west africa

Customer:

hell

Customer:

hello

Awan-Legal : You are right to be dismayed, it seems very unfair for them to refuse to acknowledge that he is your son when you have a birth certificate and have also been issued visas from Nigeria as your dependants.
Awan-Legal : That is ok. Just bear with me and I will also give you a fuller response in just a bit.
Customer:

yes i am dismayed - the problemi have is that i need to be back in the uk soon !!

Customer:

we have also been issued pio cards from India - in order for my son to leave india we had to get an exit clearance stamp for him which involved having police interviews etc to confirm parenthood

Awan-Legal :

and the police were satisfied with parenthood?

Awan-Legal :

your wife's was successful?

Awan-Legal :

Where the Entry Clearance Officer disputes a relationship or implies deception (i.e. that he is not your son) then the burden of proof is on them to prove the falsity. I will forward the link to you.

Awan-Legal :

You should ask them to reconsider on this basis and given that the police accepted the relationship (if they did) - also include records of his birth from the Indian formal authorities if possible. The best form of evidence though is a DNA test which can be expensive.

Awan-Legal :

The only problem is that reconsideration and/or an appeal will take time - you should direct any such correspondence directly to the British High Commissioner though. I would also suggest putting in a complaint to try to speed matters up.

Awan-Legal :

The quickest solution may, however, be to simply apply for a new visa for him but with the evidence as above and counteracting the reasons for refusal.

Customer:

yes the police were satisfied - the zimbabwean embassy had physically verified and seen the indian birth record before approving a zimbabwean birth certificate - what i did not show on the application was the indian birth certificate - which i have. has the appeals process not become shorter? the cost of another application will be 800 pounds!

Awan-Legal :

ok that is good about the police -you can also explain that the Zimbabwean Embassy were satisfied as above - do you think you could get a supporting letter from the Embassy to provide to the British Embassy in Nigeria?

Awan-Legal :

Have the Embassy given you a right of appeal or an administrative review?

Awan-Legal :

An administrative review generally takes 28 days in total, however, this is not available for points based system dependants but only for the applicant themselves. A dependant would usually get a right of appeal instead but this can take some time.

Awan-Legal :

Given the costs of the fresh application, I would apply for reconsideration and put in an appeal to expedite matters. It is worth putting in a complaint so the Embassy may have to deal with it quicker but from experience they can still be quite slow. I would suggest putting in an administrative review with the fresh evidence and explaining the compassionate circumstances also and how this is a breach of human rights as your wife and you have visas and your son is being denied the right to travel with you. They may not accept an administrative review but it is worth a shot at getting their attention.

Awan-Legal :

Another way to speed up a decision is to apply for judicial review but this can be costly as it goes to the High Court in the UK. It is worth putting in a pre action judicial review letter, however, in the meantime giving the Embassy 14 days to respond. You may require the services of a lawyer to do this.

Awan-Legal :

The case/link referred to above whereby the burden of proof in an allegation of fraud is on the Embassy (the Respondent) is as follows;

Awan-Legal :

4.10 The need for evidence



4.11 As with any refusal it is important to have evidence to support the decision. The wording of paragraph 322(1A) states "false representations have been made or false documents or information have been submitted" i.e. the burden of proof is on caseworkers (and not the applicant) to prove a false representation and that it was made for the purpose of obtaining leave. The standard of proof rests on the balance of probabilities, for matters of false representations, documents and other information it is a higher balance of probabilities than normal…

Awan-Legal :

I hope that helps. Please let me know if you have any further questions arising from the above. In the meantime, please click accept on my answer.

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