Kind Attn : Kayalami - Request for your advise

[tvt]

Dependent parents visas can be sponsored by individuals who are present and settled (ILR) in the UK. As you are not yet holding an ILR status you can only ask the same outside the rules in very exceptional compassionate reasons (if at all). It is better for you to wait until you hold an ILR status and then apply for your mother to come.

[Kayalami]

There is no scope in the immigration rules to sponsor parents to join you in the UK where you do not hold settled status i.e. ILR or British Citizenship. This is why the application was refused. I am somewhat suprised you got a right of appeal because there are no grounds where an application is not in accordance with the immigration rules - perhaps its been considered as a visitor's application. As always one would need to see all the paperwork to get an overview of what happened. The refusal will unfortunatley mean your mother will experience difficulties in getting a non settlement visa to the UK.

Even after you attain ILR an application for your mother to join you in the UK would still be on the most compassionate grounds as she would not have attained the age of 65. The scenario you describe appears to focus on destitution as the sole compelling ground but regretably this IMHO is unlikely to completely satisfy the Entry Clearance Officer. The presence of other family members other than your sister in India would indicate there may be support and the behaviour of your sister may even be raised by the ECO as one to facilitate your mother's sponsorship. Expect a long drawn out process (1-2 yrs) when the time comes - in the meantime start collecting documentation showing the level and period of time in which you have been providing support as well as details of your mother's medical history.

[tdabash]

Hello there,

I am sorry to hear about the difficulties you and your mother are facing.

I agree with kay alami. There is no scope in the immigration law to sponsor your dependant parent if you do not have ILR. Of course, ILE for your mother is out of question. Please refer to the immigration rule 319

However, there is no mention in the immigration law of parent (s) who is applying for LTR based on sponsors in possession of LTR. . This does not mean that your mother has no right to join you if she is entirely dependant on you with compelling circumstances Plus accommodation and means of your support in the UK

Because, there is no legislation in such a scenario, one can legally argue the point with
1- Dependants of sponsors with Work permit.
2- Dependants of sponsors with HSMP
3- Dependants of sponsors with permit free training.

In addition to this the right to private and family life a under Act 8 ECHR


Since 2000, ECOs are unlikely to wave the right to appeal from an applicant whose sponsor is in the UK as this simply violates the human rights.

Your appeal will be heard and will probably be decided outside the rules. It will in fact sustain good legal argument. I am sure you are not the only one in this situation. If you go through the books and tribunals you will find similar cases.

It will take approximately a year or two at the most for your appeal to be heard.

My advice is

1-Consult more than one lawyer.
2-Get a good solicitor/Barrister.
3-Do not rely on IAS
4-Be well prepared for the hearing ( attendance, presentation, documentation and reliability)
5-Get the sympathy of the court on the day of hearing.
6- Get evidence that you transfer money to your mother from the UK
7-Collect remittance
8-Get Proof of contact such as telephone bills and letters. How often?
9-Show your visits to your country to see your mother.
10-Show pictures
11-Demonstrate your mother health status
12-Demonstrate your responsibility
13-Demonstrate a proof of ailing relation between your mother and others in your country.
14-Explain the culture in your country.
15-Explain the psychological aspects.
16-Proof of appropriate accommodation in the UK.
17-Proof of your employment and salary.


I must admit it is difficult to win this appeal but it is not impossible. Just fight hard for your mother. She has given you life.

Good luck

[Dip]

NDA,

Sorry to hear about your mother's application ... was a deja vu.

My situation was somewhat similar to yours although when my mothers application was refused, it clearly said "No right of appeal". I am surprised that you received a right of appeal. I think they may have treated your mothers application as that of a visitor. Was it a mistake on their side or did she fill up the wrong form? It would help if you exactly stated the reasons why they refused the application.

In my case, the application was initially refused, as I had three of my siblings back home with her and my mother was 54 at the time of application. It was a very weak case. However, I mailed them a detailed note explaining that my mother has always lived with me and on compassionate grounds the second application resulted in she getting a dependant Visa.

There is a slight difference here compared to my case, as my mother went directly with a fresh application in her hand. In your case, I think they will be inviting her for an appointment. No clue how to tackle rude behaviour from the consulate staff.

Even if they asked not to contact, I think you must write directly to them asking for a time frame for response. Possibly other members like Kaya etc... could help on who to approach for complaints etc.

Regards
Dip

[Chess]

In my case, the application was initially refused, as I had three of my siblings back home with her and my mother was 54 at the time of application. It was a very weak case. However, I mailed them a detailed note explaining that my mother has always lived with me and on compassionate grounds the second application resulted in she getting a dependant Visa.

Dip,

That is an interesting scenario...so do you mean your mother got a depedant Visa despite the fact that she is under 65, and at the same time you had 'family' - sibblings who in theory could look after her back in the home Country???..

For the benefit of other members what 'compassionate' criteria did you specify?

[Kayalami]

Dip,

Good to hear things worked out with your mum - would also be helpful to know in addition to comments by Chess:

1. Your UK status when the application was made and of course accepted.

2. How long the process took.

3. Whether an interview was conducted.

4. Whether there were any DNA tests as proof of relationship.

Regards

Kayalami

[Dip]

Chess - Yes, she did. Grounds are personal to discuss in detail but check your PM. Technically the case was weak but on compassionate grounds it was extremely strong.


Kaya,

1. Workpermit holder
2. First time she was refused and went back to the consulate exactly 2 weeks from the date of refulsa, with a completely fresh application and my letter with all the evidence supporting her application. This was also posted by me to the consulate directly from the UK. The entire process took 4 weeks including medical. All they said is that subject o passing the medical, she could get the Visa.
3. There was a 30 min interview (she doesn't speak English and an interpreter was provided)
4. Nope

Rgds
Dip

[Chess]

Chess - Yes, she did. Grounds are personal to discuss in detail but check your PM. Technically the case was weak but on compassionate grounds it was extremely strong.

Dip

Many thanx....just goes to show "Where there is a will there is a way".

Kaya

I think you should be in a better position to guide NDA to lay a new/better strategy...

NDA

I think you ought to send a PM to Kaya providing more details regarding your mum which may be of a personal nature!, so that Kaya can guide you further - I am pretty sure Kaya will oblige

[tdabash]

Hello there,

Unless your mother provides a new evidence, further applications to the British consulate following this appeal will normally be refused.

In Dip’s mother case there was a refusal with no grounds to appeal. She applied again with new evidence i.e. the compelling circumstances details which I am sure it was not highlighted in her first application. There was an input from the UK though.

In your case, your mother’s appeal is the major denominator.

Once the ECO receives the notice of appeal within 28 days, He/She will review his/her decision.
It is unlikely that ECO will reverse the decision. Therefore I am not expecting further interviews to your mother.

The ECO will then write a statement which includes
1- Details of the interview
2- Justification of his/her refusal
3- Any documents provided in support of the application.

It may take up to six months or more for the ECO to write his /her statement and send the papers to the UK. The law does not specify a time scale in this respect. It is merely an internal memo from HO to overseas posts.

It is your task to speed up things. Once there is a will there is a way.

I BELIEVE YOUR MAJOR BATTLE IS 'WINNING YOUR MOTHER’S APPEAL'. Please see above.
Just fight hard for your mother. She has given you life.

I AM SURE KAY ALAMI WILL BE ABLE TO HELP YOU.

Good luck

[tdabash]

Hello NDA,

Please check your pm

Thank you

----------------------------------------------------

Hello Kayalami.

I will only give some ideas to NDA. He may wish to run them by you.

YOU ARE THE EXPERT.

Thank you

[Dip]

Plenty of PM's on this post I guess.

Kaya.. please check your PM and Congratulations for being the first poster to hit the 1000 mark?

Keep up the good work.

Cheers

[Chess]

Kaya.. please check your PM and Congratulations for being the first poster to hit the 1000 mark?

Well done Kaya......surely a Knighthood will be well deserved..Does Her Majesty read our forum??

[Chess]

Hello NDA,

Please check your pm

Thank you

----------------------------------------------------

I am really impressed by the level of concerted effort that the forum members have shown in solving NDA's problem..

Keep up the goodwork girls and boyz

[Kayalami]

NDA,

It seems that we were on the right track in regards to the initial application not being in accordance with the immigration rules hence the refusal. The appeal appears to be based on an application for entry as a family visitor. IMHO an appeal in such circumstances is not only time consuming but could very well be futile because the ECO will point out that your mother asked to enter the UK as a visitor on an indefinite basis. In any case we are not sure whether the appeal is listed for an oral or written determination which can influence time lines. As I said before one would really need to see all the paperwork to determine what was actually filed.

IMHO the best approach is for your mum to make a fresh application clearly stating that she is joining you in the UK as a dependent. This would have to be decided outside the rules and may very well get refered to Croydon. Tdabash has given you pretty much a complete list of the documents you need to gather and the actions to take. The key theme is to clearly demonstrate the dependency factor on you by your mum and the problems she faces in India and the impact they have on her life. Where there is no paper/ factual evidence you will have to rely on sworn affidavits. It appears based on my understanding of Dip’s situation that the matter of him/her being a potential Intra Company Transfer (Tier 1 WP) where there is a concession outside the rules to allow dependants to include parents was a plus.

You may wish to leave the appeal in place - note that if the second application is approved and your mum enters the UK the appeal will be dismissed if it has not been listed and determined by then.

Your position should only get stronger after you obtain ILR – its best to highlight that you will be eligible for ILR shortly in your letter of support.

Best wishes

Kayalami

[Kayalami]

Dip wrote:

Kaya.. please check your PM and Congratulations for being the first poster to hit the 1000 mark?

Chess wrote

Well done Kaya......surely a Knighthood will be well deserved..Does Her Majesty read our forum??

Many thanks - couldn't have done it without your support and that of all those who contribute to the board. workpermits.com do you want my address for fowarding on a nice bottle of bubbly .

Regards

Kayalami

[tdabash]

Thank you chess

[tdabash]

I would like to thank kayalami as well.

[Friend]

Hi all,
I would like to try PR for my mum.
1. I (and my wife and children) have PR and eligible to apply for UK citizenship.
2. I am with my family here and has got a stable job.
3. My dad died 2 months back and my mum is with me on a visitor Visa.
4. My mum will be 65 years december 2004.
5. I have got my sister back home in India.
6. While obtaining Visitor visa, she has mentioned about her pension and assets.

I am very thankful if you could share your advice,suggestions or experience about how I should go about applying for this. I heard from someone else (not on this board) they got PR, by applying while they were in UK on visitor's visa but don't know the details,
Thanks again
Friend

[Chess]

Really sorry about your Dad.

Reading through your post - I just got that feeling of Deja Vu

Please search on this forum for a user called 'Dip' he did provide a thorough explanation of all these.

It is good in a way that your mum is now 65.

You will have to demonstrate that you have been supporting her financially and emotionally and that she has no support back home.

The application will have to be done from India. Doing it in country will crteate unnecessary problems whereas tyou appear to have a strong case


Good Luck