Help please
Jan 30th 2017, 6:49 pm
#17
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: Help please
To quote Paragraph 297 of the Immigration Rules:
297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for 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;
(i) is seeking leave to enter to accompany or join a parent, parents or a relative in one of the following circumstances:
(a) both parents are present and settled in the United Kingdom; or
(b) both parents are being admitted on the same occasion for settlement; or
(c) one parent is present and settled in the United Kingdom and the other is being admitted on the same occasion for settlement; or
(d) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is dead; or
(e) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and has had sole responsibility for the child’s upbringing; or
(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for 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;
SET7.9 What are ‘Serious and compelling family or other reasons’?
The ECO should consider all the evidence as a whole, deciding each application on its merits:
Are the circumstances surrounding the child exceptional in relation to those of other children living in that same country?
Are there emotional and / or physical factors relating to the sponsoring parent in the UK?
Are there mental and / or physical factors relating to the non-sponsoring parent? Where the physical / mental incapability of the non-sponsoring parent has been established, an entry clearance should normally be granted.
But not considered acceptable as a ‘serious and compelling’ reason under this provision:
that the UK offers a higher standard of living than in the child’s own country.
The ECO should consider all the evidence as a whole, deciding each application on its merits:
Are the circumstances surrounding the child exceptional in relation to those of other children living in that same country?
Are there emotional and / or physical factors relating to the sponsoring parent in the UK?
Are there mental and / or physical factors relating to the non-sponsoring parent? Where the physical / mental incapability of the non-sponsoring parent has been established, an entry clearance should normally be granted.
But not considered acceptable as a ‘serious and compelling’ reason under this provision:
that the UK offers a higher standard of living than in the child’s own country.
Jan 30th 2017, 7:24 pm
#18
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,036
Re: Help please
I really need advice.
I hold a British passport which was passed to me from my mother who was born in uk. I was initially in her passport. However I was born in Sierra Leone in 1987.
I grew up in London, moved to Sierra Leone, married there had a child, moved to Lebanon and had a second child.
They are now 6 & 4 and we reside in Beirut,lebanon.
Last year they were refused a visa to uk. I want to move back to uk but I'm unsure of my rights and what visas etc they require. They have never met my family and I was devastated when they were refused 6 month visa. Please advise as I hope to move back this summer. Thanks
I hold a British passport which was passed to me from my mother who was born in uk. I was initially in her passport. However I was born in Sierra Leone in 1987.
I grew up in London, moved to Sierra Leone, married there had a child, moved to Lebanon and had a second child.
They are now 6 & 4 and we reside in Beirut,lebanon.
Last year they were refused a visa to uk. I want to move back to uk but I'm unsure of my rights and what visas etc they require. They have never met my family and I was devastated when they were refused 6 month visa. Please advise as I hope to move back this summer. Thanks
Jan 30th 2017, 7:39 pm
#19
BE Forum Addict
Joined: Sep 2014
Posts: 1,114
Re: Help please
The OP needs to note that if she is going down the settlement visa route for the children, with her husband applying for an UK spouse visa at the same time, will mean that she has to satisfy the financial requirement for her husband's visa application (currently employment at £18600 p.a. or £62500 in savings for six months).
Jun 19th 2017, 3:53 pm
#20
Just Joined
Thread Starter
Joined: Jan 2017
Posts: 7
Re: Help please
Update
As a family we have decided not to move back to UK. Instead I decided to apply for a visit visa so they could visit family members and attend a wedding with me. I want them to see my heritage.
Unfortunately they have been refused visit visa and I'm sitting here deciding if I should bother to reapply.
The reasons of refusal are utter rubbish.
Hopefully things will work out and they will get to visit one day.
As a family we have decided not to move back to UK. Instead I decided to apply for a visit visa so they could visit family members and attend a wedding with me. I want them to see my heritage.
Unfortunately they have been refused visit visa and I'm sitting here deciding if I should bother to reapply.
The reasons of refusal are utter rubbish.
Hopefully things will work out and they will get to visit one day.
Jun 19th 2017, 5:13 pm
#21
Just Joined
Joined: Jun 2017
Posts: 29
Re: Help please
Hi Marisa.
Can you shed some light on why the visitor visas were refused? If I were you, I would take the advice on this thread to inform myself, but I would hire an immigration lawyer to sort out the paperwork. Visa refusals show up on immigration histories and are not viewed favorably.
Can you shed some light on why the visitor visas were refused? If I were you, I would take the advice on this thread to inform myself, but I would hire an immigration lawyer to sort out the paperwork. Visa refusals show up on immigration histories and are not viewed favorably.
Jun 19th 2017, 5:17 pm
#22
Joined: Feb 2012
Location: Not in Paris
Posts: 18,195
Re: Help please
Hi Marisa.
Can you shed some light on why the visitor visas were refused? If I were you, I would take the advice on this thread to inform myself, but I would hire an immigration lawyer to sort out the paperwork. Visa refusals show up on immigration histories and are not viewed favorably.
Can you shed some light on why the visitor visas were refused? If I were you, I would take the advice on this thread to inform myself, but I would hire an immigration lawyer to sort out the paperwork. Visa refusals show up on immigration histories and are not viewed favorably.
