Tier 1 Entrepreneur visa approved, children refused

[timidtimmy]

Hi everyone,

I thought I had studied Immigration Rules well enough, but... I have just received three envelopes from UKVI: my passport with Tier 1 Entrepreneur visa and passports of my children (7 and 13) with refusals. The reason given was that their mother was not applying as a dependant (she holds a visitor visa to the UK though) as she is working here at the moment and is not planning to move to the UK with us now, maybe next year and "both parents must be present or approved to come to the UK".

I am at a wit's end. I have been searching the Immigration Rules for 4 hours already to no avail. I could find mentions of "both parents present" in case of settlement etc., but not in the case of Tier 1 dependant visas. I found such mentions in case of Tier 4 visas on sites like UKCISA that provides info for Tier 4 (students), but again, absolutely nothing for Tier 1 dependants.

Where can I read about it? What can I submit in order to have the decision reviewed? Or re-apply with new documents - but which? I am the main breadwinner, the wife had provided a notarised consent for our children to move to the UK with me. Would be great to have the application decision reviewed, as the visa fees are very high plus on top there are visa application centre fees...

Hoping for any advice,

[zimba]

I am no expert but the rules for a family-member/child to be granted limited leave to remain in the uk is not covered by the Point based System. You should consult the immigration rules part 8 instead which seems to cover this area. See: https://www.gov.uk/guidance/immigration ... ly-members.
In your case I would say paragraph 301 applies. It seems that both of you need to be in the UK or you must have been the sole person responsible for their upbringing (your situation seems to be neither):

Requirements for limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement

301. The requirements to be met by a person seeking limited leave to enter or remain in the United Kingdom with a view to settlement as the child of a parent or parents given limited leave to enter or remain in the United Kingdom with a view to settlement are that he:

(i) is seeking leave to enter to accompany or join or remain with a parent or parents in one of the following circumstances:

(a) one parent is present and settled in the United Kingdom or being admitted on the same occasion for settlement and the other parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement; or
(b) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to settlement and has had sole responsibility for the child’s upbringing; or
(c) one parent is being or has been given limited leave to enter or remain in the United Kingdom with a view to 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; and

(ii) is under the age of 18; and

(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and

(iv) can, and will, be accommodated adequately without recourse to public funds, in accommodation which the parent or parents own or occupy exclusively; and

(iva) can, and will, be maintained adequately by the parent or parents without recourse to public funds; and

(ivb) does not qualify for limited leave to enter as a child of a parent or parents given limited leave to enter or remain as a refugee or beneficiary of humanitarian protection under paragraph 319R; and

(v) (where an application is made for limited leave to remain with a view to settlement) has limited leave to enter or remain in the United Kingdom; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

[Casa]

You also mention that your wife is currently in the UK on a visitor visa and 'working here'. I hope that this isn't the case.

[timidtimmy]

Oh, thank you very much... How did I miss it?

So, no hope then without my wife applying for a Tier 1 Dependent visa too...

Other than prove (somehow) that it is in the children's interests to move to the UK? And not stay behind? That will be problematic...

[noajthan]

This isn't going to fly.

Your wife may well be contravening terms of a visit visa too (unless she is doing something like attending 6 months worth of 'meetings'?!)

[zimba]

This isn't going to fly.

Your wife may well be contravening terms of a visit visa too (unless she is doing something like attending 6 months worth of 'meetings'?!)

I do not think he means she is working in the UK. He says she is working here (the country of origin ) and does not want to move to the uk with them.

she is working here at the moment and is not planning to move to the UK with us now

[CR001]

Oh, thank you very much... How did I miss it?

So, no hope then without my wife applying for a Tier 1 Dependent visa too...

Other than prove (somehow) that it is in the children's interests to move to the UK? And not stay behind? That will be problematic...

This won't work. If they have not lived in the UK, how are you going to argue that 'it is in the children's interest to move...' when the mother is not moving.

Your children will only be granted a visa, as zimba88 has pointed out under Part 8 when your wife gets a visa. A letter of consent from the mother is unfortunately not sufficient.

The reason these rules are in place is to limit the child abduction or child trafficking that does take place, as I am sure you are aware.

[timidtimmy]

You also mention that your wife is currently in the UK on a visitor visa and 'working here'. I hope that this isn't the case.

No, she is not. She is here, with us.

[timidtimmy]

The reason these rules are in place is to limit the child abduction or child trafficking that does take place, as I am sure you are aware.

Thank you... But it is kind of hard to imagine child trafficking via such a route as Tier 1 Entrepreneur.

Oh well.

[CR001]

The reason these rules are in place is to limit the child abduction or child trafficking that does take place, as I am sure you are aware.

Thank you... But it is kind of hard to imagine child trafficking via such a route as Tier 1 Entrepreneur.

Oh well.

Indeed, but parent abduction of children from the other parent is very common and precautionary measures are in place in many countries.

[rajrea]

Hi timidtimmy,

Can you please share whether it was an initial application or extension ?
If it is extension can you please share what are the documents you have filed along with the application

Thanks

[vinny]

Hi everyone,

I thought I had studied Immigration Rules well enough, but... I have just received three envelopes from UKVI: my passport with Tier 1 Entrepreneur visa and passports of my children (7 and 13) with refusals. The reason given was that their mother was not applying as a dependant (she holds a visitor visa to the UK though) as she is working here at the moment and is not planning to move to the UK with us now, maybe next year and "both parents must be present or approved to come to the UK".

I am at a wit's end. I have been searching the Immigration Rules for 4 hours already to no avail. I could find mentions of "both parents present" in case of settlement etc., but not in the case of Tier 1 dependant visas. I found such mentions in case of Tier 4 visas on sites like UKCISA that provides info for Tier 4 (students), but again, absolutely nothing for Tier 1 dependants.

Where can I read about it? What can I submit in order to have the decision reviewed? Or re-apply with new documents - but which? I am the main breadwinner, the wife had provided a notarised consent for our children to move to the UK with me. Would be great to have the application decision reviewed, as the visa fees are very high plus on top there are visa application centre fees...

Hoping for any advice,

301 is not applicable. But see also 319H.