Adult Dependent Relative/Parent

[balixonline]

Hi,
I wonder any of you could provide valuable suggestion please.

My mother is entirely dependent on me for past many years and I have been regularly remitting money for her essential needs. I am a British National and my wife is from EU. My wife and I applied for EEA Family permit which was refused, we successfully appealed and my mother received 6 months EEA family visa.

The whole process of appeal took about a year, in the meantime my wife got British nationality so now we both are British national and my mother is on EEA family visa which is due to expire last week of November 2014.

What can we do? please bear in mind that subject matter hasn't changed, she still is dependent on me solely which we proved in court earlier. so nothing has changed in terms of circumstances but the only difference is that my wife and i both are British Nationals.

its not possible for my mother go travel and live abroad again as when she moved, she literally closed all ties and she does not have any immediate family member back home.

What do you suggest i do please?

[balixonline]

Hello .. Anyone?

[physicskate]

Hi,
I wonder any of you could provide valuable suggestion please.

My mother is entirely dependent on me for past many years and I have been regularly remitting money for her essential needs. I am a British National and my wife is from EU. My wife and I applied for EEA Family permit which was refused, we successfully appealed and my mother received 6 months EEA family visa.

The whole process of appeal took about a year, in the meantime my wife got British nationality so now we both are British national and my mother is on EEA family visa which is due to expire last week of November 2014.

What can we do? please bear in mind that subject matter hasn't changed, she still is dependent on me solely which we proved in court earlier. so nothing has changed in terms of circumstances but the only difference is that my wife and i both are British Nationals.

its not possible for my mother go travel and live abroad again as when she moved, she literally closed all ties and she does not have any immediate family member back home.

What do you suggest i do please?

You are both British nationals living in the UK, therefore she will not be eligible to switch to any visa while on a visitor visa. Can you mother perform day to day tasks for herself such as cooking and washing? Is help not available for her in her own country? I ask because these are the requirements for any adult dependent relative visa. It is generally a catch-22.

UKVI do not care if she has voluntarily 'closed all ties' as you claim.

[balixonline]

Can i not switch her visa onto Dependent of British national after her visa expires?

there must be an option.. no?

[physicskate]

Can i not switch her visa onto Dependent of British national after her visa expires?

there must be an option.. no?

She cannot switch to any other visa from a visit visa. Be aware that applying for the adult dependent route will probably make her ineligible for another visit visa as they will suspect she might overstay.

Does she need help washing, cooking and dressing?

Have a look at the requirements of the adult dependent route. It should be illuminating for you:
https://www.gov.uk/remain-in-uk-family/overview

[Wanderer]

Also the visa costs £1960.00 and has a 99.99% chance of refusal.

[balixonline]

thanks.. Whats your opinion on that my wife although she is now british national hasn't given up her previous nationality yet and she plans to do it later. Shes an Latvian national and As far as I know Latvia does not allow dual nationality.

Do you think we could apply for residency permit first and once mother gets her 5 yr permit then denounce it? will it work -

[balixonline]

Also the visa costs £1960.00 and has a 99.99% chance of refusal.

Precisely, we all know UKBA does anything and everything to restrict visas.. so i can't afford to take this chance at any cost..

[MPH80]

It would appear Latvian dual citizenship is acceptable:

http://www.pmlp.gov.lv/en/home/citizens ... nship.html

[balixonline]

my apology it was Lithuania. my bad sorry..

is it still the same for Lithuania?

[MPH80]

It would appear that - according to the law - your wife already lost her citizenship:

http://www3.lrs.lt/pls/inter2/dokpaiesk ... _id=326111

See section 18.2

[balixonline]

It would appear that - according to the law - your wife already lost her citizenship:

http://www3.lrs.lt/pls/inter2/dokpaiesk ... _id=326111

See section 18.2

Ergh thats getting difficult and difficult. So we can not send application for residency permit using her EU citizenship etc. and we dont seems to have any other options? is this correct?

[Casa]

Unfortunately from the information you've given, correct.

[Wanderer]

Unfortunately from the information you've given, correct.

Apart from SS, i.e. exercise treaty right elsewhere in EU?

[balixonline]

I apologise but I don't understand what you mean.

[MPH80]

Surinder Singh.

As a british citizen - relocate to somewhere in the EU other than the UK and exercise your treaty rights by working. You'll then be able to bring your mother as your financial dependant to that EU country. Once you've lived in that EU country for a suitable amount of time (6 months to a year) you can return to the UK bypassing the UK immigration rules using the EU family permit.

However, the current rules for the Singh route require you to move your centre of life - e.g. you couldn't leave your wife behind and come back each weekend. You'd have to move.

That particular little gem of a rule might come under some scrutiny over the next year or two - but it'll be in place for a while.

M.

[Pixie00]

Hi,

I need help . My mother is 77 years old , it's been a whole year now when my father passed away in uk . He's also buried here and my mother has also bought a grave next to his. We are 4 sisters all living abroad and my mother wand to settle with me and my family in uk . I applied for her extension under compassionate ground but just recently her application got refused. I am appealing against it . Want to know if it's worth hiring a barrister to fight my case ... Please someone advise me .. I am desperate . I cant send her back to Pakistan . She takes baby steps , mobility is very weak and has started forgetting a lot.. I can afford to keep her with me with any resource to public funds..

I cannot send my mother back to Pakistan. There is no blood relative back to take care of her .

[Wanderer]

Hi,

I need help . My mother is 77 years old , it's been a whole year now when my father passed away in uk . He's also buried here and my mother has also bought a grave next to his. We are 4 sisters all living abroad and my mother wand to settle with me and my family in uk . I applied for her extension under compassionate ground but just recently her application got refused. I am appealing against it . Want to know if it's worth hiring a barrister to fight my case ... Please someone advise me .. I am desperate . I cant send her back to Pakistan . She takes baby steps , mobility is very weak and has started forgetting a lot.. I can afford to keep her with me with any resource to public funds..

I cannot send my mother back to Pakistan. There is no blood relative back to take care of her .

What visa is she on?

Lack of blood relative is of no concern to UKVI, are there not people that can look after her there? Paid for?

[Casa]

Hi,

I need help . My mother is 77 years old , it's been a whole year now when my father passed away in uk . He's also buried here and my mother has also bought a grave next to his. We are 4 sisters all living abroad and my mother wand to settle with me and my family in uk . I applied for her extension under compassionate ground but just recently her application got refused. I am appealing against it . Want to know if it's worth hiring a barrister to fight my case ... Please someone advise me .. I am desperate . I cant send her back to Pakistan . She takes baby steps , mobility is very weak and has started forgetting a lot.. I can afford to keep her with me with any resource to public funds..

I cannot send my mother back to Pakistan. There is no blood relative back to take care of her .

An appeal stands little chance of succeeding as you would have to prove that the care she needs isn't available in her home country or is unaffordable. Unless she is from a country with a higher cost of living and medical care, it would be assumed that if you can afford to pay for her care in the UK, you would be able to afford to cover it if she was to return home.
As Wanderer has asked, what visa does she currently have? How are you paying for her medical care while she is here, or does she have private medical insurance?

[Pixie00]

She is here on a 3 visit visa which expired and has no passport nor visa. I need advice what to do . She never stay here for more that 6 months but now she has no where to go . She needs to be around her family and now that my father is buried her she has an attachment to this country . Sentimental values

[Casa]

Unfortunately, the Home Office don't grant visas for sentimental reasons. The door to settlement for elderly dependants has been virtually closed and the fact that your mother is now an overstayer doesn't help her case. If the reason for settling is given as 'the purchase of a burial plot' to be nearer to your father this will be taken as entering on a visitor visa with the intention to remain. What nationality does she hold and why does she no longer have a passport?

[Wanderer]

She is here on a 3 visit visa which expired and has no passport nor visa. I need advice what to do . She never stay here for more that 6 months but now she has no where to go . She needs to be around her family and now that my father is buried her she has an attachment to this country . Sentimental values

As I see it your options are:

1. Try the Surinder Singh route - a lot of moving within EU and not suitable for an old person.

2. Pay for care back home.

3. Move back home (or one of your siblings) with her and do the needful.

Was no thought given to this situation arising when everyone emigrated?

[Pixie00]

She just recently became an overstayed . The lawyer applied for her extension in July and now that her visa finished in sept she is a overstayed. My mother is a Pakistani national and a retired doctor by professions . We have no problem financially . But just we 4 sisters are in no state to leave our families behind and transfer to Pakistan , considering the situation back there. Last when I was there the incident of the children killing happened. I cannot afford my children's life by taking them there.

[Casa]

She is here on a 3 visit visa which expired and has no passport nor visa. I need advice what to do . She never stay here for more that 6 months but now she has no where to go . She needs to be around her family and now that my father is buried her she has an attachment to this country . Sentimental values

As I see it your options are:

1. Try the Surinder Singh route - a lot of moving within EU and not suitable for an old person.

2. Pay for care back home.

3. Move back home (or one of your siblings) with her and do the needful.

Was no thought given to this situation arising when everyone emigrated?

Wanderer, Pixie00 'popped up' in an unrelated thread and said "There are so many people telling me to apply under the Ireland law but there's no point . I cannot go there as I work in London . My children go to school ."

[Wanderer]

She just recently became an overstayed . The lawyer applied for her extension in July and now that her visa finished in sept she is a overstayed. My mother is a Pakistani national and a retired doctor by professions . We have no problem financially . But just we 4 sisters are in no state to leave our families behind and transfer to Pakistan , considering the situation back there. Last when I was there the incident of the children killing happened. I cannot afford my children's life by taking them there.

Well there's incidents of honour killings/paedophiles etc here, so how is it different? It's your duty to what you can to look after your mother, not the the UK or UKVI. Sorry to be blunt but this are the arguments you're up against.

Not my words, those of UKVI....

Your best bet is either SS route or just pay for her to live a good life in Pak, surely you can afford it between the four of you?