ILR REFUSED I NEES YOUR ADVICE

[Kwinyara]

I’m British citizen and I applied to bring my late sister’s children to live with me. I’ve been fully supporting the children since my sister passed away in 2010.
The children have been living with my Mum who’s old and in very poor health that’s why I applied for them to come and join me in the UK. However, the home office have refused my application because they beleive my mum is not ill enough so she can look after the children despite the medical records showing that her health has been deteriorating in the past few years. What can I do after unsuccessful first appeal?

[CR001]

What form did you complete and what evidence and supporting documents did you submit?

How old is your mum? What is the 'very poor health' that HO is saying is not 'ill enough'?

Where are the childrens' other parent?

How old are the children?

[Kwinyara]

My mom she is 65 years old , but she is been ill almost 8 years now , high blood pressure and diabetes, she looks more old than her age for now,

She can’t do anything,

I submitted dr report too.,

When I applied first time it was 2017 when boy was 16 and girl was 10, we took dna to prove we relate,

They mom and dad past away Since 2010, I stayed with kids for 7 month before I joined my husband for spouse visa uk. I have been providing every thing to kids as no one else who was taking care of them than me for all the time I have been in uk, school fees, food , hospitali treatment and every thing , and I provide all this document to the court. I also provided welfare document which shows kids they’re in very difficult time and dangerous inveroment as no any relative taking care with them , and my mom she is very very sick.

But judge said he comparing the result of what kids doing in school , and my mom doesn’t Sick enough, as she doesn’t use insulini for diabetes,

Just like that .

[Kwinyara]

I applied for indefinite live to remain for family viza( relative)

[Kwinyara]

I applied through this

https://assets.publishing.service.gov.u ... -11-18.pdf

I used Solisita

[Kwinyara]

Sorry my English is not good enough )

In judge refusal tells he asked me if my mom can do anything for her self, I insisted through my enterplatee she can’t do anything by her self, she needs help for everything, kids do everything for them self and her , she can’t wash are cloth , she can’t cook , she can’t do shopping , more than weak sleeping all the time, she is been use madication for long long time , she got high blood pressure and diabetes which also cause her to be admitted to the hospital for
Long time , dr report also show that, but judge insisted “my mom she can help kids, how ?

tired for medication and high blood pressure, only kids do everything by them self , kids they stays alone at home most of time when she admitted to hospitali,They sometimes mis the class due to a stress and loneliness, I have no other relative than them since my sister and brother past away,

Church have been help them but they now stop as its being long time illness for my mom, i also sent the evidence letter from church which tells they ask me to find someone to help my mom and kids because they have lots of problems to solve and they don’t have many volunteers, they can’t help
Anymore)

I sent lots of money every time for them because kids can’t plan well theyr budget , the don’t know what to buy and what food to save money , as my mom can’t go shopping anymore, she is so sick , I don’t know may be they wanted me to say she is dead sick ?

But In his judgment it said ,” I said my mom can do everything by her self , ( which is not true at all, I was so disappointed with this liars, I don’t understand why judge can write something which you didn’t say.)

In Dr’s report shows my mom needs support as she is not well, but I cant hire someone to help her full or part time as I have been send money every time, for food and her treatment, school fees etc. I should have take kids and hire someone to take care of my mom , we both really suffer from emotional and physical,, stress , kids conversation with me tells everything about our struggle we are going throughout,

But judge didn’t see all the document I provided more than compelling what money I send to them , and he said theyr okey and I can continue to send when they’re there,

There’s like six point judge gave, all by saying is compelling .


( sorry the boy now is 17 but when I first applied 2017 he was 15 , they refused, and it took us a year and 2 month to be called for appeal. And now they refused again ,

WHAT SHOULD I DO? Am so so stressed, my kids they r in very difficult time can’t explain enough, my mom condition is more worser now than before, I can’t even dare to go to see them due to politics issues in my country, am so depressed.

Please advise what I have to do.

[Kwinyara]

Please reply me , I have only 5 days left before upper tribunal appeal ,

Do I need to appeal or start a fresh ? And how ?

Am depressed

Help me

[Kwinyara]

Please if you would advice me , i would really appreciate... please please

Am
So desperate, am so stressed

[Kwinyara]

Seniors .

What should I do to get advised or replied?

[Jonny_Carol]

Hi,

I feel your pain but you seem to be the only one been active in this post as seniors seem to have nothing again to say....I will advise you seek counsel from a qualified professional - an immigration lawyer as you don't have plenty of time left.

I wish you and the kids luck in Jesus name. Amen

[physicskate]

I applied for indefinite live to remain for family viza( relative)

This visa requires 5 years of UK residency. It does not appear that they qualify for it.

Any application for them to enter the UK would require you so show custody of the children (court documentation). I also believe any application you make for them (unless you formally adopt them according to Hague convention rules) would be discretionary (ie they don't have to grant the visa and would be doing so outside the rules).

Agreed that you will require an exceptionally skilled solicitor.

[CR001]

I applied for indefinite live to remain for family viza( relative)

This visa requires 5 years of UK residency. It does not appear that they qualify for it.

Any application for them to enter the UK would require you so show custody of the children (court documentation). I also believe any application you make for them (unless you formally adopt them according to Hague convention rules) would be discretionary (ie they don't have to grant the visa and would be doing so outside the rules).

Agreed that you will require an exceptionally skilled solicitor.

OP likely means they have applied for ILE (child settlement visas), which would be difficult as you point out considering the children are not their biological children or officially adopted etc etc.

[Kwinyara]

Thank you for reply.

Am I be wrong in link tier I provide,
But I was applied for INDEFINITE LEAVE TO ENTER am trying to attach the refusal document here but it doesn’t allow me to go through.

When I applied , I used lawyer ,
And what she told me is to bring all the evidence I have which shows I involved with children to support them since they’re parents past away ,

I have been taking care of them for everything, from food, clothes, school fees, hospital , etc, how to chose school, what to cook and eat at home , I mean everything,,because my mom can’t do anything , she is very very sick ,

I also provided letter from school, from church , from local counsel,

I also provided a document from welfare (government) which tells everything about my children struggle,

We took dna and it matched,,

But I don’t know why judge refuse it ,

I will try again to copy the refusal letter , may be you will see where it was an error

(Sorry my English is not good enough )

[Kwinyara]

Hi,

I feel your pain but you seem to be the only one been active in this post as seniors seem to have nothing again to say....I will advise you seek counsel from a qualified professional - an immigration lawyer as you don't have plenty of time left.

I wish you and the kids luck in Jesus name. Amen

[Kwinyara]

I receive it in strong Jesus name !!! Lord of
Load, king of king ! Who is Alfa and onion .... amen my brother ..... I am
In very difficult time , but I trust God
Is in his
Contol

[Kwinyara]

Sorry, meant Alfa and onion,

Typing error

[Kwinyara]

I applied Under this section 297 (f)
and I proved everything document
About everything thing since theirs parents past away I have been taking care of them, I left them with my mom because she was ok that time, but my mom now ( I don’t want this to happen, but we just count days only, am really scared of the kids, am so stressed,

I donk know what to do with this kids,
Judge said my mom she is not sick enough I really!! feel so painful,

Even if the letter and report from dr shows she can’t do anything, even she can’t chabge clothes her self she can’t cook , ooh my God, judge said she is not sick enough ,

Judge said she has no issue that , I can provide everything to them when they’re here ( they can’t depend on government)

He agree that all document and conversation with kids shows I have been taking care since they’re mom and dad past away,


“BUT MY MOM WILL TAKE CARE OF THEM, I have to send them money , without consider my mom condition





. Paragraph 297 of the Rules is in these terms:
“297. The requirements to be met by a person seeking indefinite leave to enter the United Kingdom as the child of a parent, parents or a relative present and settled or being admitted for settlement in the United Kingdom are that he:


(f) one parent or a relative is present and settled in the United Kingdom or being admitted on the same occasion for settlement and there are serious and compelling family or other considerations which make exclusion of the child undesirable and suitable arrangements have been made for the child's care; and
(ii) is under the age of 18; and
(iii) is not leading an independent life, is unmarried and is not a civil partner, and has not formed an independent family unit; and
(iv) can, and will, be accommodated adequately by the parent, parents or relative the child is seeking to join without recourse to public funds in accommodation which the parent, parents or relative the child is seeking to join, own or occupy exclusively; and
(v) can, and will, be maintained adequately by the parent, parents, or relative the child is seeking to join, without recourse to public funds; and
(vi) holds a valid United Kingdom entry clearance for entry in this capacity.”