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Howard
Howard, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 459
Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Dear Sir. I am from Birmingham migrated from Sri Lanka On Tier

Customer Question

Dear Sir. I am from Birmingham migrated from Sri Lanka On Tier 1 Entrepreneur. I have in 2010 applied for my family wife + 3 daughters bat due to a mistake is bank letter visa refused but in July 2011 Judge ordered to give visa. However Chennai embassy delayed the process and August 28 2013 I got a letter from embassy that it is now ready to give visa and send passports to the embassy. During Sep 2013 my daughter got a CAS from university of burmingham. But I choose to send the PP to get on migrant visa. As the passport in Embassy more than two weeks I asked them to expedite visa as my daughter needs to go to Uni on 30 Sep. Thereafter Channai embassy wrote to me since she has a CAS she must apply student visa and to withdrew the application on migrant visa. Passport is now held in Channai. When my daughter went to Colombo to apply student visa Colombo did not accept the application stating that without passport she can not apply visa. Now my problem is University course is starting 30 Sep next week. How can I get down my daughter.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Howard replied 3 years ago.
Your daughter should be able to choose whichever application she wants to be processed - the High Commission should not dictate which application she makes. Having a CAS assigned does not obligate the applicant to use it.

They should simply issue the visa that the judge told them to issue.

If I were in your situation I would demand that they issue the visas that they are supposed to issue.
Customer: replied 3 years ago.

In the arguments if the visa is delayed my daughter will loose education time she will lose University. That's why I decided to do what they wanted. Even that they are not doing fast. What more can I do to get her down like tomorrow. I do not want to lose her classes.

Expert:  Howard replied 3 years ago.
They only need 10 minutes to issue the visas - they have the passports and the applications that the judge has stated should be approved. If it were me I would be escalating this to senior staff and then escalating it further until I got a satisfactory response.

Given that they are not even processing the student visa application quickly there is no guarantee that pursuing that course of action will get a decision any quicker. They might even refuse the application - something that should not happen for the dependant visa.

Switching her to student visa status will put her on her own path to Citizenship though and if she finishes her education and cannot get employment ata suitable level (who knows what immigration rules will be in place at that time) then she might have to leave the UK. If she is still your dependant when you qualify for ILR then she should get ILR with you.

It really would be worth pushing them as hard as possible to provide the decision and visa that they were supposed to provide.
Customer: replied 3 years ago.

I already sent them an E mail stating that I am willing to withdrew the dependent application. My daughter is crying fearing she will lose her uni place. My priority is to get her down for her course some how or other. Future she can look after. However looks there is no any immediate hope. Even I push down on the same they can delay the passport. Dont know what to do.

Expert:  Howard replied 3 years ago.
You are being put in a difficult position. I think i was a mistake to allow them to vary the application. You might to try and withdraw the withdrawal (!) on the basis that they have misinformed you that she must use the CAS, but it might be the case that they will now refuse to do so. Disgraceful behaviour.

I assume you have complained to this address:
[email protected]

All you can do is keep pushing them. I really would try to escalate this higher - push hard, demand to speak to a more senior person. I would still be pushing for them to get the original visa issued as they were instructed to do on the basis that your written withdrawal was based on their misinformation.
Customer: replied 3 years ago.

Yes you are right I sent to that address. my fear is they will revenge me with further delays if I go against them and my poor daughter will suffer.

 

We are ready to sacrifice on Migrant visa but isn't there any other route for me to get her down fast.

 

Isn't there a reply for that?

Expert:  Howard replied 3 years ago.
The problem is that they are already making your daughter (and the rest of the family) suffer. I would be in contact every day at least once demanding that matters are escalated.

Further contact details can be found here:

https://www.gov.uk/government/world/organisations/british-deputy-high-commissioner-chennai

Getting her on a student visa could be storing up difficulties for the future but I understand why this has happened.

You need to be persistent and firm with them - they have already put your family through enough, taking over 2 years and still not providing the visas that the judge said should be provided.

There is not going to be a faster route than already having an application in process.
Expert:  Howard replied 3 years ago.
That contact page also has the address and the High Commissioner is Mike Nithavrianakis. Escalate the issue.
Expert:  Howard replied 3 years ago.
If you have further questions please ask, otherwise please remember to rate the service that I provided to you.

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