Dependent Abroad - Coming to UK

[rob911]

Our family has quite the problem on our hands. History; I studied in the UK and subsequently progressed to work permit employment, my sibling (older brother) has ILR granted 3 years ago and my sibling (older sister) has a British Passport (birth in UK). My parents worked in the UK from 1979 - 1991, but upon leaving the UK did not apply for permanent residency.

My Mother still lives abroad and my sister, who is British, applied for her to move to the UK as a dependent after my father passed away in 2005. The application took about 12 months and was refused. We later appealed- it went to the Tribunal, my sister attended this but however this was also refused as it was not felt that it was a compassionate circumstance (and also that my mother is under 65).

In hindsight it was not as straight forward as we assumed and are now faced with the question whether our mother can apply for a visitors visa to visit - or will this prior refusal mean she will now not be able to come to the UK even to visit. She has visited on previous occasions, prior to this application.

Any advice will be greatly appreciated.

[VictoriaS]

All you can do it try. But I think you have a reasonable chance; after all, if she was going to overstay, she would have done so years ago.

Victoria

[JAJ]

What is your nationality?

Out of interest, why did your parents not look to become British citizens when they lived in the U.K. for 12 years.

I presume they must have obtained ILR in that time. Are you really saying that they stayed on temporary permits?

[rob911]

Thankyou for your comments. Country concerned is Zambia. As for not becoming citizens in that time, in all honesty I think they simply didn't feel the need at the time (but obviously understand the repercussions now). In fairness, Global economy was very different to what it is today and I imagine a fair few immigrants would not have felt the need to become permanent residents. I'm not sure what immigration was like at that time but they did not pursue ILR or Citizenship and renewed their status consistently while living in the UK. They both studied here and took up employment post completion of their studies. Subsequently they left the UK to pursue business/employment with no real intention to return and we were raised part in the UK part abroad/boarding schools. Circumstances change over time, hence the predicament.

I agree with Victoria, in that it may be a case of applying and seeing what happens. Would solicitor intervention be an option should even a visitors visa be refused (based on my sister being British?). At this stage we're obviously thinking of accepting that she may only be able to visit every so often as opposed to permanent relocation. Although she has visited for leisure/work on several occasions, won't a refusal of permanent residency not taint credibility of her return?

[rob911]

Anyone?