IA171842013 & ors

The first claimant is married to the second claimant, and they have two children. Their eldest child Imaan is the third claimant. The second and third claimants joined in the first claimant�s appeal to the First-tier Tribunal as PBS dependants. They were refused leave to remain in line with the refusal of the first claimant�s Tier 1 (Entrepreneur) application. As the first claimant is the main claimant, I shall hereafter refer to her simply as the claimant, save where the context otherwise requires.

The claimant first entered the UK on 30 March 2005 with valid entry clearance as a student. She has lived in the United Kingdom ever since. Her husband entered the United Kingdom on 13 February 2008 as her dependent spouse. Their daughter Imaan was born in the UK on 30 October 2008, and their second child was born in the United Kingdom on 9 May 2012.

On 11 March 2013 Beverley Brate of the temporary migration team wrote to the appellant�s solicitors. She asked them to note that UKBA had identified �two minor omissions� with regards to the evidence that had been submitted. The bank letter that had been supplied had omitted to show both of the applicant�s names, who formed an entrepreneurial team. In addition, the third party contact details were missing.

The appellant�s solicitors responded on 18 March 2013. They commented that Miss Brate�s letter suggested that the other two documents (the third party letter and the legal representative�s letter) were in the right format. Their understanding was that she only required the bank letter to be supplied with a current date. They asked Miss Brate to clarify whether they wanted them to provide her with the bank letter only, or whether further documentary evidence was required.

Miss Brate responded on 27 March 2013. The letter from Silk Bank dated 16 August 2012 was not acceptable as it contained the following omissions;