urgent help 18 over settlement visa refusal ! former gurkhas dependent!....
You have applied for an entry clearance to the United Kingdom as the dependent relative of xxxx whom you state is your father. I have considered your application under paragraph 317 of the United Kingdom immigration rules.
I am satisfied that you meet the requirement of paragraph 317 and the relevant discretionary criteria of the immigration rules, except for the following:
You are 21 years old and have applied for an entry clearance to settle with your parents in the UK. I note your father, xxxx was granted settlement in New Delhi on 16/07/2009. Your mother xxxxx was granted settlement in New Delhi on 19/11/2009. Whilst I am satisfied that your parents are settled in the UK, I am not satisfied that your meet the remaining provision of paragraph 317 (i) (f) for the following reasons:
You have stated that you are student. As evidence of your studies, you have presented a letter from xxxx college (date xxx) stating that you are in your xxx level course. You have also presented four receipts from Xxxx College; however there is no evidence to show that your father pays for your school fees and other expenses. You have also stated that you would continue your studies in the UK. However, you have not presented any evidence to substantiate this claim.
You have stated on your visa application form that you are financially dependent on your parents. As evidence of financial dependency you have presented three western union money transfer receipts showing the following remittances: ₤110, 00 01/10/2010: ₤ 134.15 15/11/2010: ₤ 100 09/12/2010. However, these remittances, on their own, constitute insufficient evidence to establish regular financial support from your parents given the fact that your father has been settled in the UK since 30/09/2009. You have also stated that you hold your fatherís Standard Chartered ATM card where his pension is paid and that you withdraw money from this account. However, there is no evidence to show that you have access to this account and use these funds. On the evidence provided, I am not satisfied that you are dependent on your father and that such claimed financial support is your sole or main source of income.
You live in your family home with your sibling, xxxxxx whose application for settlement has also been refused along with you. Therefore there is no reason why , you may not continue to live with your adult sibling in a house owned by your parents. There is no evidence to establish that financial support from your parents is your sole or main source of income. You have not mentioned any incapacity in any way or that you are incapable of functioning as an adult without your parents. Against this background I am not satisfied that you are living alone outside the united kingdom in the most exceptional compassionate circumstances and are mainly dependent financially on relatives settled in the united kingdom.
As evidence of your fatherís employment you have presented a letter from xxx security service company (dated xxx) stating that you father has been working as security officer since September 2010. You have also presented 5 pay slips showing the following salary payments: ₤ 583,32 15/09/2010 ₤ 784,26 28/09/2010 ₤ 670.06 10/10/2010 ₤ 1290.64 09/11/2010 ₤1290.64 07/12/2010 which shows an average monthly salary of ₤ 1154,74. you father is committed to a monthly rent of ₤300.I further note that you father is already supporting you mother and your younger sibling xxxxx. Given these I am not satisfied that your father is in a position to maintain you and your sibling xxx without using public funds as required by rule 317 (iv)
Although your sponsor has presented a tenancy agreement, your sponsor has not provided any evidence, such as an Environmental Health Officer letter, confirming that your proposed accommodation is suitable and that your addition will not cause overcrowding. I am not therefore satisfied that there will be adequate accommodation for the parties and any dependants without recourse to public funds in accommodation which they own or occupy exclusively as required by rule 317 (iv).
I have also considered your application under secretary of stateís policy for dependants over the age of 18 foreign commonwealth HM Forces members. These criteria are not prescriptive and it would be wrong to approach any consideration under the discretion given to me by the Secretary of state in that way. I have also noted the policy is to be for exceptional circumstances. It is not at all clear to me what those exceptional circumstances are in your case, on that basic, your application would fail .
If I am wrong about that, I have however examined the case in the round and with regard to the overall policy. In reaching my conclusion I have had regard to all the evidence even that not specifically stated in this notice. I accept your parents are settled in the UK. However you are an adult and I have no evidence to show that you are incapable of functioning without them. I do not know what you say are the exceptional circumstance in your case that should , over and above the consideration within the immigration rule, lead to your application being successful. All the evidence points to this application being unexceptional. The policy is not a separate consideration with different standards and burdens to that in the immigration Rules. You have not shown anything beyond a normal relationship between parents and adult children that is not sufficient in and of itself. The rules take account of the presence of a parents and that factors on itís own I do not regard as determinative, particularly because of the need for there to be exceptional circumstances. There is nothing over and above the consideration I have already given that would lead to a discretionary grant of leave outside the rules. Furthermore I am not satisfied that you are living alone outside the united kingdom in the most exceptional compassionate circumstances and are mainly dependent financially on relatives settled in the united kingdom. I am therefore not satisfied that discretion should be exercised in your case.
I have also taken account, as I must of the requirements of the Human Rights Act, specially section 6 and the incorporation of the European Convention of Human Rights and Responsibilities into my consideration of your application, specifically in your case, article 8. I note that you are 21 and an adult. I note your relationship per se is no guarantor of acceptance that article 8(1) of that convention is engaged. It requires more than the acceptance of the normal emotional ties to be so. I have seen nothing that would lead me to conclude that there are particular bonds in your case that would lead to an engagement of Article 8 (1). I do not accept, therefore. That there is a need to consider proportionality and on that basis this application fails
However, if I am wrong on that, I consider that refusing this application is proportionate in the exercise of firm immigration control, in particular it was your parentís choice to move to the UK and you were an adult when they applied. There is no bar to them returning to Nepal either permanently or temporarily. I have no evidence that your family life cannot continue as it may have done without interference by this decision.
I therefore refuse you application....
I am waiting reply..