Need info on UK Immigration Law for Dependant

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Old Dec 6th 2016, 1:10 pm
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Question Need info on UK Immigration Law for Dependant

Hello All,
I am Yogesh from India & today joined this wonderful forum.

Actually I am looking for some immediate help for some inputs on UK Immigration Laws for Dependents.

Case History:
My wife is working in UK with her client. My child who is Indian citizen and his UK ICT Tier2 Dependent Visa got cancelled Twice due to following reasons.


1st Refusal Reason :
"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 & Other is being granted entry clearance or leave to remain at the same time as applicant, unless:

(i) The relevant Points based System Migrant s 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 make in the UK for the applicant's care"

2nd Refusal reason:
" You have applied to join your mother, XYZ in the UK as her Tier 2 Dependent child, whilst your mother has been issues with Leave to remain in the UK, I note that your father is not travelling to the UK, Nor is there any evidence to show that he holds a valid entry clearance for the UK. Furthermore, no evidence or information has been submitted to show that your father has sole responsibility for you, nor have you provided any evidence or information to show that there are compelling or compassionate circumstances to be considered"

From 2nd refusal reason we got to know that, to get my child ICT Tier2 Dependent Child visa, as a father I also need to get my ICT Tier2 Dependent visa. Which I am definitely planning to get in few days. But the queries I have are as following:

1. Do I need to travel to UK within 30 days of getting my Dependent Visa or my child can travel with anyone who has any valid UK visa, lets say visitor visa for 6 Month ?

2. If its Mandatory for me to travel to UK on dependent within 30 days of my visa approval, can I moved out of UK within in 1 Week (after getting BRP card) to my native country to resume my work and my child continue to stay with her mother during the remaining tenure of his Dependant visa ?

3. Will above point add any complication or cancellation for my Wife's or Son's UK Visa as per UK Immigration law ?

Experts, please help me in this regards ASAP.

Thanks in Advance.

Regards,
Yogesh
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Old Dec 7th 2016, 10:32 pm
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Default Re: Need info on UK Immigration Law for Dependant

If you are trying to get your son to the UK in order that he can stay with his mother whilst you remain in India then it's not going to work as it's not permitted by the Immigration Rules hence the two previous refusals. Either you both go to the UK together to stay or you both remain together in India.
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