OA036482014 & OA036492014

The appellants appeal to the Upper Tribunal from the decision of the First-tier Tribunal dismissing their appeals against the decision of an Entry Clearance Officer (post reference Beijing\1503657 and 1503668) refusing to grant them entry clearance for the purposes of settlement as the children under the age of 18 of parents who are settled here. The First-tier Tribunal did not make an anonymity direction, and I do not consider that the appellants require anonymity for these proceedings in the Upper Tribunal.

Both appellants are Chinese nationals. The first appellant was born on 18 December 1995, and the second appellant born on 13 May 1997. Just before the first appellant�s 18 th birthday, both appellants applied to join their parents in the United Kingdom. At the time of application, their father had indefinite leave to remain, having been granted ILR under the legacy programme in 2010. Their mother, Yu He, neither had settled status nor limited leave to remain in the United Kingdom.

Yu He was born in China on 3 January 1973. Her husband arrived in the UK in 1999 and claimed asylum. The asylum claim was refused, but he remained in the country. Yu He left the appellants in the care of their grandparents, and arrived in the United Kingdom on 29 December 2005. She also claimed asylum. Like her husband, her application for asylum was refused. Her appeal against that refusal was dismissed in a determination promulgated on 20 February 2006.

On 14 April 2010 Mr Chen completed a case resolution checklist in which he identified his wife Yu He as his dependant, and provided the Home Office reference number which appeared on the notice of refusal of leave to enter decision served on her on 6 January 2006.

On 8 July 2010 Mr Chen was granted ILR, following a review of his case. It had been decided to grant him ILR exceptionally, outside the Immigration Rules: �this is due to your strength of connections in the United Kingdom, and your length of residence in the United Kingdom.�