ILR Possibility for my widow mum aged < 65

[pauravc]

Hi All,

I have reviewed all posts similar to this topic and am getting more nervous upon proceeding with the application to receive an ILR for my mum < 65.

Our situation as follows:
• Our father passed away in 2003 leaving my mum living alone
• Me (only son) and my only (married) sister both are settled in UK since > 10 years and have become British citizens
• My mum keeps visiting us every year since 2003 and stays < 6 months as per the rules. She had 5 years multiple entry visa and got another 5 years visitor visa in 2008
• On my mum's last visit to the UK, we had a major road accident (in Oct 2009) leading to my mum staying in a hospital for 15 days with arm and skull fractures
• She went back to home country in Dec 2009 and underwent Physiotherapy, etc. but is still unable to use her arms well in doing household activities
• I have been sending her regular financial assistance (~£150) while she was away. This was her main income (70%) as the only alternate income for her was the rent received from a Buy-to-let flat
• We (me and my wife) went to visit her in June 2010 and found out she is not in the best mental state to live alone. We do not have any close family or friends in the home country to support her. Our only aunt had immigrated to Canada in Feb 2010.
• Her local doctor also asked us to keep her with us for mental support and physical assistance. We have a letter from him to prove this.
• We got her back to the UK immediately and asked her to settle here with us permanently
• She is now living well with us and has made a good friends group, etc. in the UK. She is not doing any work here, but helps a lot of charities, etc. in doing minor tasks.
• She has also recently passed the "Life in the UK" test to support the ILR application
• Although she doesn't have a GP in the UK (as she is a visitor), she is seen by a family friend doctor (GP) who has offered to write a supporting letter for our case
• As we do not meet standard criteria, we visited the local Labour constituency office who have offered their help, but only in case of an appeal and not during the standard application process


Considering the application fees are almost £1600, we are concerned we may be wasting money if we our application is rejected. We are also concerned that if this application is rejected, she may have problems visiting us in future on the visitor visa (which will run till 2013)

Can everyone please provide us any feedback and your views and opinions on this case? Do we stand a good/bad chance of receiving an ILR for her?

Thanks,

PC

[Obie]

This case looks good. There is no need for her to take the KOL test as she is possibly exempted due to the mental health condition if she is not already 65.

[pauravc]

This case looks good. There is no need for her to take the KOL test as she is possibly exempted due to the mental health condition if she is not already 65.

Thanks Obie,

She has already passed the KOL exam anyways, so that should not be any trouble.

I have some questions as follows:

1. Do the doctor's letters require to indicate mental health grounds or any test reports? - We have not yet got a UK doctor to write any letters.
2. Will UKBA/Home office be worried upon my mom's medical requirements?
3. Should we request the MP/Labour office to write a letter at the initial application stage?
4. What proof, if any would we require from our aunt's move to Canada?
5. Do we need to display any proof of her involvements with charities in UK? or should we get a friend's letter showing her mental state in India?

Thanks,

PC

[pauravc]

We have another question:

Should we make this application ourselves or an application via a solicitor firm is recommended? We are unsure of all advantages we would get if we use solicitors in our case...

Thanks,

PC

[NT1234]

I think you have a good case also. I am not sure why you believe you dont, it would be useful if you could say why so as to give us a better idea of the situation.

Yes i agree its going to be a journey (you could be lucky though) as she is under 65. However its a good case for exceptional circumstances but i need to advice you that do some throughout research if you're contemplating not using a lawyer. For your mum's case you have to show a very exceptional and compassionate reason for her being here with you in the UK..how old is she?

I am a little concerned when you say your mum helps out with charity work here in the UK- it makes me wonder how sick she is and the immigration officer will also consider this....just to say this is not a visa for good cause etc, its one where you have to show a dire situation as its what they called out side the immigration rules and unless you show a case for her needing physical and emotional support and cant be left on her own then you are not going to succeed (with no one in home country to look after her). I believe this may be the case but you have to show this and provide sufficient prove. Yes you need to get all the prove in the world, as much as it is possible...I also believe once you can show that all her kids lived here in the UK and say no other relatives are in home country to look after then they will take your word for it (i heard they can gather evidence in your local community) but i dont think you need to prove her sister migrates to Canada....the only people who are obliged to look after her is you and your sister so not much need to be done there by you guys.

Also you will have to find a way around some issues i can see popping up. If your mum situation has not changed since her arrival in the UK this year then you will be seen as deceiving immigration. For you to change from a visit visa to a settlement visa you have to prove a change in circumstances since she arrived here otherwise you should have done this from home country (again why i say legal advice may be needed here). If you describe the situation you did now to an imigration officer and with all the prove you may get decline as these people looks at every creases and anything left exposed will not be a good start for you.

But overall i see she is dependend on you (what did you mean though by 70% support) and she has no one in home country to turn to as both her children are here. I believe and have seen it if you can meet all the critera other than age you can get through if you can show a very good case for compasionate grounds. but will struggle otherwise as the other rules are non-negotiable and no provisions have been made other than for the age.
also be careful about the pre-preparation you're making such as KOL test as this could work against you - what you need to do is read the immigration rules and make your case accordindly.

good luck.

[pauravc]

I think you have a good case also. I am not sure why you believe you dont, it would be useful if you could say why so as to give us a better idea of the situation.

Yes i agree its going to be a journey (you could be lucky though) as she is under 65. However its a good case for exceptional circumstances but i need to advice you that do some throughout research if you're contemplating not using a lawyer. For your mum's case you have to show a very exceptional and compassionate reason for her being here with you in the UK..how old is she?

I am a little concerned when you say your mum helps out with charity work here in the UK- it makes me wonder how sick she is and the immigration officer will also consider this....just to say this is not a visa for good cause etc, its one where you have to show a dire situation as its what they called out side the immigration rules and unless you show a case for her needing physical and emotional support and cant be left on her own then you are not going to succeed (with no one in home country to look after her). I believe this may be the case but you have to show this and provide sufficient prove. Yes you need to get all the prove in the world, as much as it is possible...I also believe once you can show that all her kids lived here in the UK and say no other relatives are in home country to look after then they will take your word for it (i heard they can gather evidence in your local community) but i dont think you need to prove her sister migrates to Canada....the only people who are obliged to look after her is you and your sister so not much need to be done there by you guys.

Also you will have to find a way around some issues i can see popping up. If your mum situation has not changed since her arrival in the UK this year then you will be seen as deceiving immigration. For you to change from a visit visa to a settlement visa you have to prove a change in circumstances since she arrived here otherwise you should have done this from home country (again why i say legal advice may be needed here). If you describe the situation you did now to an imigration officer and with all the prove you may get decline as these people looks at every creases and anything left exposed will not be a good start for you.

But overall i see she is dependend on you (what did you mean though by 70% support) and she has no one in home country to turn to as both her children are here. I believe and have seen it if you can meet all the critera other than age you can get through if you can show a very good case for compasionate grounds. but will struggle otherwise as the other rules are non-negotiable and no provisions have been made other than for the age.
also be careful about the pre-preparation you're making such as KOL test as this could work against you - what you need to do is read the immigration rules and make your case accordindly.

good luck.

Hi NT,

Thanks for your response.

My mom is 58 and the 70% was her income from my money, i.e. she also used to earn a little rental income locally.

Good case? - Main reason for my concerns was other posts indicating much dire circumstances, but still not getting ILR for their widow parents.

Why now? - Our reason application for this application at present is her mental state while in the home country was too bad. She was suffering depression and her injuries caused further problems.

Physically, she can walk, etc. but cannot do any hard work like cleaning, etc. Its her mental state we are more concerned about. In UK, she now lives comfortably with us. Working with charities (just doing minor work like visiting old people's homes, etc.) has provided her the much needed mental positivity.

KOL? - We asked her to give KOL test just to make our case stronger. It also occupied her mind and passing it lifted her spirits. Do you think this will prove a negative point?

Lawyers? - I am more than happy to appoint a good lawyer, but just wanted to know what more benefits will that provide in terms of the strength of our application, time lines, priority, etc. We will obviously make our application with utmost professionalism, but were not sure what other advantages we may get. Please recommend any good ones anyone is aware of...

Thanks,

PC

[hmm]

you'd been given some good advice here. I too think you have a strong case. In my opinion visa is all depends on your luck. I wouldn't be surprised if her visa application is refused - it is one of the difficult visa to obtain. But you'd have a good case of winning the appeal.

You'll need to show the followings with some documents back up.
* Her situation has changed since her arrival to UK. What's changed since her arrival here? why can't she go back? what sort of life she'd have and how it'd affect her and you if she go back now?
* whay didn't or can't she apply for a settlement visa from India? It is very important that you give satisfactory explanation/evidence for this.
* How much she depends on you financially and mentally. If she depends on you 70% financially then she is mainly financially depends on you. It may be worth doing a spread sheet of her income and out goings (her detailed living expence in India) to show that she needs your financial support.
* Her medical condition and needs - doctors letter, friends and family letter, etc, etc.
* whyis it better for her to live here than in India?
* what's her daily life is like in the UK? what it'd be if she was to go back to India?
* why do you prefer for her to stay with you in the UK? why can't you visit her regularly in India?
* Explain where her siblings are, how much contact she has with her family and why can't they be any help.

[NT1234]

As hmm said it does appear she is mainly financially dependent upon you. As evidence to prove this you may need to show her outgoings and clearly outlined how your 70% is her main support (this will be crucial to prove). Also when you say she gets income from property, is that rental property she owes……having been through the same thing i am again a little concern here if she owes more than one properly in home country as it could be seen as she could sell one to get additional income and does not have to be mainly dependent upon you. Or this is rental from her main home (e.g. she has taken a lodger in). These immigrations people looks at these things, you have to disclose assets but its one where the decision can be based on in the sense she does not need to be mainly financially dependent on you. I like to leave no stones unturned. Its not a visa for desperate poverty – I came to realised that you don’t have to be very poor (though poverty and isolation is a ground for compassionate coupled with illness), but when you have the age criteria working against you it cause for a little more tactics in what’s the best way to proceed with this and this is where a competent lawyer will be able to advise. Note you have to prove why her case is exceptional more than someone in the same situation.

The case for exceptional and compassionate grounds has no definition provided by immigration and I think it’s done so as to prevent people manipulating the rules but common sense would tell you that it has to be dire and I have proven this. You are right in saying that many people in the same if not worse situation gets declined, but its all to do with evidence provided and bear this in mind. This visa anyway frequently results in declined and the reason why it’s because its one based on discretion and outside rules and apparently UKBA believes this should be left up to the court to decide. Though I don’t personally hear of any case I am sure you can get through first time round, I got through without going to the court after a re-consideration but don’t lose hope if decline at first, it can be successful at the appeal stage but try and make your case stronger and it can go through first time round. The bottom line is you have to show prove for every single criteria, leaving no stones unturned or not a single thread of doubt in these people’s mind – I did not in my initial application form but had I known about this forum I probably would have had a different outcome at first as I had a very genuine case. But i believe all the criteras have been met without a thread of doubt, and the immigration officer can use their dicretion as to the compassionate grounds but you have to spell this out to them. Its going to be much harder when you have more than one criteria working against you, if you can try and fulfil all the others you will have a much stronger case even if it goes to the appeal.

Using a lawyer will ironed out the creases in your case and make your case stronger especially for a under 65 case- I don’t think you realised that its essential to prove a change in her circumstance since she came here, its part of the rules to change over or you may be better doing it when she returns to home country after her visit is up. It’s a very very hard visa to get. I still see an issue with you proving a change in her circumstances since she came here though I may be missing this and hopefully a lawyer will put the final touch on this. I did not use a lawyer at any stage with mine – but had I used one maybe I would have succeeded first time round maybe not. But the expertise of a lawyer will provide a good base for your application – a very good one I’ve heard about is David Webb, Google him as I don’t have his contact details but he is also an immigration judge so he will be able to give you the merits of your case in his consultation. But also to add this forum provides maybe about 80% of the answers and what you need to do, the next 20% can be added by a competent lawyer as they will have all the documents in front of them and will know the best way forward. It may be the case where if you cant provide the prove to wait until you can but they will give you your option, and you don’t have to take their advise if you believe otherwise.

It’s nice to know she can get out and do a little, keep her mind away from her illness but when it comes to the application for the settlement visa its all about proving the criteria of paragraph 317. The KOL test is not required, and my fear is the immigration officer may think this has all been planned out prior to her visit. Just be careful here please, I always say to people don’t provide what they did not ask for…..it could work against you.

But go through hmm list and that should be a good starting point for you.

[vito0514]

Older dependent relatives