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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6387
Experience:  BA (Hons), PgDip, Practising Solicitor
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Am a British citizen and my son is 12 a Gambia i did apply

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Am a British citizen and my son is 12 a Gambia i did apply for a settlement visa and he was refuse i need help am working not on any benefit so am confuse about this refusal,please what do i do now.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. How and when did you acquire your British nationality?
2. When and where was your son born
Kind regards.
Tom
Customer: replied 2 years ago.
My son was born in the Gambia west African,I Gain my citizenship as a British national since Wednesday 16 February 2005
Expert:  Thomas replied 2 years ago.
Ok.

Does he live with his father in Gambia?

What were the reasons for refusal of settlement stated in the rejection letter from the UKBA?

Tom
Customer: replied 2 years ago.
No he lives with his mum over there am his father and live in newhaven east sussex.This is what the letter said=you have applied to join Gibril Jiofo,whom you claim is your father.As evidence of your relationship you have submitted a birth certificate which names your father as Gibril Jiofo.However,you have no copy of your sponsor passport confirming is nationality and immigration statutes.I note that you have submitted aCertificate of Naturalisation as a British Citizen.However,this Certificate is in the name of Chidozie Ejiofor.
Expert:  Thomas replied 2 years ago.
Ok.

How do you explain the difference in the names on the Birth Certificate and Certificate of Naturalisation?

Did you the difference to the UKBA?

Do you hold a UK passport and what name is XXXXX XXXXX?

Tom
Customer: replied 2 years ago.

I had a name change because of my faith that i practice and say likewise is my only son i should do thesame for him.

Expert:  Thomas replied 2 years ago.
Hi,

Did you execute a Change of Name Deed for your name change?

Did you submit this change of name deed with the settlement application?

Tom
Customer: replied 2 years ago.

have got paperwork on name change from me and my son can prove it all.

Customer: replied 2 years ago.
am not quite sure cause most of my document are still with the mum in the Gambia
Expert:  Thomas replied 2 years ago.
Ok.

I assume the rejection letter stated that you could appeal. When do you have to give your notice of appeal by? it will say on the letter.

Tom
Customer: replied 2 years ago.
20/01/12
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your reply.

OK, so you’re out of time on your appeal. You may only appeal an application out of time in the most exceptional circumstances and with permission of the court. Unless you have an extremely good explanation your request to appeal would be refused.
Even if you were granted the right to appeal out of time you would get a date somewhere between 306 months for the actual appeal date and you would have to pay to instruct a solicitor and barrister to act on your behalf at the hearing so it would be expensive.

It is probably quicker and cheaper in your circumstances to submit a fresh application with the change of name deed and a covering letter explaining the difference between the two and why you chose to change your name. I would strongly suggest instructing a solicitor to prepare it for you. They should charge around £800-1000 +VAT but they will know exactly how to present the arguement and will be able to examine the change of name deed to ensure that it is valid also to get it notarised if it was executed elsewhere than in the UK.
Provided you have your change of name deed and it is notarised and your covering letter explains in detail the omission of it from the original application and your reasons for change your name then I would expect the UKBA to grant your son a settlement visa, subject (of course) to you meeting the other eligibility criteria.
The best thing you could do is instruct a solicitor to prepare a new application, or at the very least get them to check the new application that you prepare yourself advising of any amendments that need to be made.

If the situation is exactly as you have described and the change of name deed is valid then you will be fine though.
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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6387
Experience: BA (Hons), PgDip, Practising Solicitor
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