My confusing email from UKBA

[Rammy]

Hello everyone,
I've applied for a spouse visa and child dependant (my son) visa. Last thursday I received an email from UKBA with my reference number saying, "Has been issued." Does this mean I have been approved? And today, I have received an email without any reference number saying, "Dear Applicant We regret to inform you that after careful consideration against the immigration rules, your UK visa application has been unsuccessful." Now, is one visa approved and the other one not? Or has both visas been refused? It is so confusing!
Thanks in advance for all your kind answers.

[Joppa]

Originally Posted by Rammy

Hello everyone,
I've applied for a spouse visa and child dependant (my son) visa. Last thursday I received an email from UKBA with my reference number saying, "Has been issued." Does this mean I have been approved? And today, I have received an email without any reference number saying, "Dear Applicant We regret to inform you that after careful consideration against the immigration rules, your UK visa application has been unsuccessful." Now, is one visa approved and the other one not? Or has both visas been refused? It is so confusing!
Thanks in advance for all your kind answers.

I don't know what's going on, but you just have to wait until you get your supporting documents back to see if you have visa in your passport(s) or not. You should only have to wait a day or two.

[Rammy]

Thank you for very much for replying Joppa!

I will come back this afternoon with the visas answer.

I am very stressed but will try to relax.

[mistbound4england]

I have read somethg similar to this with another woman that applied for herself and her child, they granted hers and denied her sons. Unfortunately I think they may do this with mine and my childs as well Its kind of annoying seeing how they wld know you wouldnt leave without ur child, so why approve either then

[Joppa]

Originally Posted by mistbound4england

I have read somethg similar to this with another woman that applied for herself and her child, they granted hers and denied her sons. Unfortunately I think they may do this with mine and my childs as well Its kind of annoying seeing how they wld know you wouldnt leave without ur child, so why approve either then

Even if you apply together, they are two separate applications, and the UKBA have to consider each on its merit and approve or disapprove as the case may be. While you wouldn't want to leave without your child, they are powerless to do anything other than to consider each application separately.

[Rammy]

Is a notary letter signed by my ex-husband enough to prove that I have the sole responsibility for my son?
Letter from his school, saying that he has been studying there for 4 years. So that he lives at the same home address as mine which is my parents house.
What else would be good to get to help with the application?
Thank you ever so much!

[Joppa]

Originally Posted by Rammy

Is a notary letter signed by my ex-husband enough to prove that I have the sole responsibility for my son?
Letter from his school, saying that he has been studying there for 4 years. So that he lives at the same home address as mine which is my parents house.
What else would be good to get to help with the application?
Thank you ever so much!

Just wait for the outcome of your applications. Should you be unfortunate to be denied either visa, an enclosed letter will spell out why, refering to specific immigration rule(s), and you can then go on to remedy it in your appeal or subsequent reapplication.

[Rammy]

Originally Posted by Joppa

Just wait for the outcome of your applications. Should you be unfortunate to be denied either visa, an enclosed letter will spell out why, refering to specific immigration rule(s), and you can then go on to remedy it in your appeal or subsequent reapplication.

The Passports arrived. My visa was approved and my son's refused.
This is was they wrote in the letter.
I don't even know how to start.
What documents are being required???
I am desperate!!!

Your Application

You have applied for na entry clearance to settle in the United Kingdom. I have considered your application under the paragraph 301 of the United Kingdom Immigration Rules. You can read these rules at: ...

The Decision

You have stated that you intend to join your mother in the United Kingdom and have applied together for Leave to Enter under the Settlement route. Your bith certificate shows that your father was registered and you have also submitted a power of attorney document stating your parents have decided that your maternal grandmother is legally responsible for making decisions regarding your well-being on their behalf. However, you have not submitted evidence that either your maternal grandmother or your father consent to this application being made nor as to the current whereabouts of your father.
Futhermore, you have stated that you have never visited United Kingdom. I note that your mother travelled to the United Kingdom in October 2003, just 14 months after your birth. It is not clear from the evidence before me how long your mother stayed in the United Kingdom during this visit. However, it is stated that your mother agin visit the United Kingdom and reimaned there until February 2012. Whilt there she divorced your father and married a United Kingdom citizen, effectivelly starting a new life.There is no evidence before me as to where you resided during your mother’s firts visit to the UK when you were a 14-month old infant or during the substantial period of 5 years between 2007 and 2012 and who was responsible for your care in your mother’s absence. Although, as you state that you have never been to the UK it is fair to assume on a balance of probabilities that your mother has had any influence on the decisions made regarding your well-being during this time and therefore, I am not satisfied that you are seeking leave to enter to join a parente or parents in one of the following circumstances:
(a) One parente is presente and settled in the UK or being admitted on the same occasion for the settlement and the other parente is being or has been given limited leave to remain in the UK with a view to settlement; or
(b) One parent is being or has been given limited leave to ente ror remain in the UK 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 remain in the UK 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.
301(i)
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all the requirements of the relevant Paragraph of the UK Immigration Rules.

[Joppa]

Originally Posted by Rammy

The Passports arrived. My visa was approved and my son's refused.
This is was they wrote in the letter.
I don't even know how to start.
What documents are being required???
I am desperate!!!

Your Application

You have applied for na entry clearance to settle in the United Kingdom. I have considered your application under the paragraph 301 of the United Kingdom Immigration Rules. You can read these rules at: ...

The Decision

You have stated that you intend to join your mother in the United Kingdom and have applied together for Leave to Enter under the Settlement route. Your bith certificate shows that your father was registered and you have also submitted a power of attorney document stating your parents have decided that your maternal grandmother is legally responsible for making decisions regarding your well-being on their behalf. However, you have not submitted evidence that either your maternal grandmother or your father consent to this application being made nor as to the current whereabouts of your father.
Futhermore, you have stated that you have never visited United Kingdom. I note that your mother travelled to the United Kingdom in October 2003, just 14 months after your birth. It is not clear from the evidence before me how long your mother stayed in the United Kingdom during this visit. However, it is stated that your mother agin visit the United Kingdom and reimaned there until February 2012. Whilt there she divorced your father and married a United Kingdom citizen, effectivelly starting a new life.There is no evidence before me as to where you resided during your mother’s firts visit to the UK when you were a 14-month old infant or during the substantial period of 5 years between 2007 and 2012 and who was responsible for your care in your mother’s absence. Although, as you state that you have never been to the UK it is fair to assume on a balance of probabilities that your mother has had any influence on the decisions made regarding your well-being during this time and therefore, I am not satisfied that you are seeking leave to enter to join a parente or parents in one of the following circumstances:
(a) One parente is presente and settled in the UK or being admitted on the same occasion for the settlement and the other parente is being or has been given limited leave to remain in the UK with a view to settlement; or
(b) One parent is being or has been given limited leave to ente ror remain in the UK 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 remain in the UK 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.
301(i)
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all the requirements of the relevant Paragraph of the UK Immigration Rules.

So they are quering what happened from 2003 and 2005 and from 2007 and 2012 while you as his mother was in UK and presumably he was still in his home country. If you had sole custody during that period, who was looking after him? If it was your parents - his grandparents, you didn't enclose any evidence that they agree to his being taken to UK. Has his father - your ex - given his consent?

In short they are doubting that you exercised parental rights during your long stays in UK while he was growing up, so they are declining his application to join you in UK in the absence of agreement of those who were and presumably still are exercising day-to-day parental responsibility.

So in order for them to reverse their decision, you need to come clean on the exact periods you were in UK, and who was looking after your son while you were away, and supply their consent in writing to his travelling to join you in UK. And you need to state any role his biological father has played and still plays in his life and preferably get his agreement as well.

[Joppa]

Originally Posted by Joppa

So they are quering what happened from 2003 and 2005 and from 2007 and 2012 while you as his mother was in UK and presumably he was still in his home country. If you had sole custody during that period, who was looking after him? If it was your parents - his grandparents, you didn't enclose any evidence that they agree to his being taken to UK. Has his father - your ex - given his consent?

In short they are doubting that you exercised parental rights during your long stays in UK while he was growing up, so they are declining his application to join you in UK in the absence of agreement of those who were and presumably still are exercising day-to-day parental responsibility.

So in order for them to reverse their decision, you need to come clean on the exact periods you were in UK, and who was looking after your son while you were away, and supply their consent in writing to his travelling to join you in UK. And you need to state any role his biological father has played and still plays in his life and preferably get his agreement as well.

What you should do is within 28 days you lodge an appeal against their refusal, and enclose those documents I have described, and a covering letter answering their queries.