dependent visa for Mother

[Tina16]

Dear Sirs,

One of my friends apply for his widowed mom's dependent visa whilst she was visiting the UK and couldn't fly back due to covid restrictions. She has no one back home to take care of and two of her kids living here in the UK and married and British citizen.

It's been almost two years and her passport has been on hold. She needs to travel back home for some personal reason for a month or so. Is there any option that how she could get her passport back to travel and if she ask for her passport then her last 2 years' visa processing continuity will break or anything like that?

Experts please advise and suggest the best appropriate action which may help.

Kind Regards

[secret.simon]

If she leaves the UK, any immigration application currently before the Home Office is automatically considered withdrawn.

Is either the sponsoring child (your friend) of the applicant (the mother) or their spouse an EEA citizen?

One of my friends apply for his widowed mom's dependent visa

Precisely what kind of dependent visa did they apply for?

Did they apply for an Adult Dependent Relative visa? If yes, be aware that the failure rate of that visa, after appeals, is ~80%. And it has quite high and very precise requirements, i.e. "She has no one back home to take care of and two of her kids living here in the UK and married and British citizen" won't be enough.

If they applied for an extension of her visit visa because of Covid, that will likely have come to an end or will soon, as the Covid restrictions are removed.

if she ask for her passport then her last 2 years' visa processing continuity will break

Not sure if there is any continuity, but that depends on the specific visa that she arrived on and the specific visa that she has applied for. More details on those points and the points above would help us advise you further.

Also, check with the solicitors (if they have applied using a solicitor) if they have heard back from the Home Office.

[Tina16]

Thank you for your reply.

FYI, She came here with a visit visa and then applied for an adult-dependent visa. Her children are British citizens...not through their spouses.

solicitors haven't heard anything yet!

[CR001]

So for her visitor visa she submitted evidence of her ties to home country, independence and that she would leave the UK.

Once here she applied for an adult dependent relative visa, which requires her to prove she needs care and is dependent.

Do you see the issue here and the contradiction in her claims??

If her ADR visa is refused, which is highly likely, it shuts the door to any future visitor visas for the UK.

[Tina16]

Thanks for your reply. Apriciated.

It's been almost 2 years! any idea how long it may take and she would just like to know that is there any option to opt-out of her passport ( without discontinuing the current application) so that she can travel back home for some personal important issues.

Regards

[CR001]

She cannot travel out of the UK and keep a pending application. This has already been advised. When she leaves the UK, her application will be considered withdrawn and ends.