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please advice re widowed mom aged 64 for dependent visa

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doc123
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please advice re widowed mom aged 64 for dependent visa

Post by doc123 » Fri Feb 29, 2008 10:02 pm

Hallo,

I would be grateful for advice.My mom is widowed and brought up my sister and me single handedly. She has retired after working as a teacher for 30 years. Both my sister and I are British citizens and would like to make an application for dependent visa for my mother, but she is 64 at the moment. We do not have any relatives in India but as my mother has savings we do not often send her money. Also since her retirement she has been spending a lot of time in UK, but always staying for the stipulated duration of the visitor visa. Can any one suggest a solicitor who could make the application on our behalf or any solicitor who handles such cases?

Any advice will be welcome. We have not been doing any electronic money transfer so it is difficult to show financial dependence, can an application be made solely on compassionate grounds?

sakura
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Location: UK

Post by sakura » Sat Mar 01, 2008 12:19 pm

If your mum is fit and has no long-lasting medical conditions, and if she has savings, I don't see how you will succeed. Even where the parent is very fragile and there is strong evidence of financial dependence, they are still refused.

doc123
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Post by doc123 » Sat Mar 01, 2008 8:11 pm

what about the emotional ties she has with us and the fact that she is old and there is no support back in India, as India does not have the state stepping in to care for its elderly citizens and they are always at risk both of exploitation and violence

Wanderer
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Ireland

Post by Wanderer » Sat Mar 01, 2008 8:42 pm

doc123 wrote:what about the emotional ties she has with us and the fact that she is old and there is no support back in India, as India does not have the state stepping in to care for its elderly citizens and they are always at risk both of exploitation and violence
I'm afraid it doesn't work like that, you chose to come to the UK, if emotional ties are so strong why not go back home? That's the HO answer.

In the UK we have no concept of looking after our parents, we leave home ASAP and never see the miserable old buggers again until they pop-off and we fight over who gets the Welsh Dresser......
An chéad stad eile Stáisiún Uí Chonghaile....

vinny
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Post by vinny » Sat Mar 01, 2008 10:46 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

hello_kitty
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Post by hello_kitty » Sun Mar 02, 2008 2:37 pm

I dont really agree with what Wanderer said , if emotional ties are so strong why not go back home?That is a cruel and non-human rights statement.

In uk, there is a law of human rights. U cant ask someone to migrate when problems arise. DOC123 said she is a British now, uk is her home init? Where else can she go?

Previously when I appeal for my refusal of spouse visa, the HOPO also ask my husband to migrate to my country if visa is not issue. My barrister brought up the human rights article to argue. Anyway, I won the appeal :D

Doc123 u should get a proper & professional advise for ur case.

SYH
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Post by SYH » Sun Mar 02, 2008 2:45 pm

hello_kitty wrote:I dont really agree with what Wanderer said , if emotional ties are so strong why not go back home?That is a cruel and non-human rights statement.

In uk, there is a law of human rights. U cant ask someone to migrate when problems arise. DOC123 said she is a British now, uk is her home init? Where else can she go?

Previously when I appeal for my refusal of spouse visa, the HOPO also ask my husband to migrate to my country if visa is not issue. My barrister brought up the human rights article to argue. Anyway, I won the appeal :D

Doc123 u should get a proper & professional advise for ur case.
The statement might not be so compassionate but do not confuse Human Rights with morality. Human Rights are a set a principle put into concepts of law to be protected. Wanderer is simply trying to help you by managing your expectation. You want to play emotional heart wrenching stories to keep you here. It will fall on deaf ears with the HO so get a grip and digest what Wanderer is trying to say to you. Work your case in a more practical manner instead of trying to flap you arms wildly of the injustice, that just makes the HO laugh and quash applications trying to be successful on that basis.

hello_kitty
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Post by hello_kitty » Sun Mar 02, 2008 2:57 pm

I agree with SYH, HO are sometimes a cruel animal. But we must stay strong to fight. Just like what had happend to me, they refuse me again n again. At last I won my appeal because of my Barrister & my lucky day , I got a compasionate Judge.

doc123
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Post by doc123 » Sun Mar 02, 2008 3:50 pm

Can anyone suggest a good solicitor?

JAJ
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Australia

Post by JAJ » Sun Mar 02, 2008 4:01 pm

hello_kitty wrote:I dont really agree with what Wanderer said , if emotional ties are so strong why not go back home?That is a cruel and non-human rights statement.

In uk, there is a law of human rights. U cant ask someone to migrate when problems arise. DOC123 said she is a British now, uk is her home init? Where else can she go?
If a person migrates to the United Kingdom, then the U.K. is accepting that person but not extended family members.

As someone else has pointed out, if a family reunion is so important there is no real reason why it should not take place in the home country.

doc123
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Post by doc123 » Sun Mar 02, 2008 10:22 pm

I would like to thank all of you have replied but please note that I am already aware of all the problems that are likely to arise and I do take on board all the comments that have been made, but I really would appreciate if someone could give me details of a solicitors who deal with such cases, as was my original request

vinny
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Post by vinny » Mon Mar 03, 2008 1:44 am

Try an OISC regulated adviser.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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