Adult dependant Settlement Visa refused - Please advice

[Casa]

Sorry to have to say this, but following a failed Adult Dependent visa any future applications for a visitor visa are likely to be refused, due to the declared wish to settle in the UK.

[son7777]

Hi WTM,

Really sorry to hear about refusal. When did you applied and how much time it took for the decision. What was the reason for refusal?

Most the people who got ADR have got is after appeal and putting human case in appeal . So in my opinion you should appeal. If you can let me know your refusal reason then I can try and find you a similar successful appeal case from the appeal database for you to study.

My case : I have also applied ADR for my mother and waiting for the result. I am currently in India with her.

[WTM]

Hi Casa and Son7777,

Thanks for the advice.

@ Casa, I appreciate the advice. I think we will appeal anyway. I have the paras that they quoted on the rejection letter and will try to find evidence contradicting it where applicable. Any idea of what happens if the appeal is denied as well?
My thought is.. well what do we have to lose if they won't issue her a tourist visa anymore either.


@Son7777 - They basically refused on the grounds that she doesn't need personal care and that she just wants to live with her daughter and grandson in the UK. They seem to have taken her replies as factual evidence.. little did they know that she is under the assumption that what she did 2 years ago is the reality of what she does today. That itself should be grounds enough to prove her incapability to care for herself.

We will get letters from her Neurosurgeon stating the above.

But.. in the time being. I will light a candle for you and your mom and keep my fingers crossed. If you could keep me updated I would really appreciate it.

Good luck!

=)

[son7777]

Thanks WTH,

Hopefully you will win on appeal. What are your time lines? When did you applied and when you received the decision and what country did you applied from.

Search In the appeal data for adult dependent relative and you see successful and rejected appeals. Let me know if you need any assistance with that.

Thanks

[Casa]

Hi Casa and Son7777,

Thanks for the advice.

@ Casa, I appreciate the advice. I think we will appeal anyway. I have the paras that they quoted on the rejection letter and will try to find evidence contradicting it where applicable. Any idea of what happens if the appeal is denied as well?
My thought is.. well what do we have to lose if they won't issue her a tourist visa anymore either.


@Son7777 - They basically refused on the grounds that she doesn't need personal care and that she just wants to live with her daughter and grandson in the UK. They seem to have taken her replies as factual evidence.. little did they know that she is under the assumption that what she did 2 years ago is the reality of what she does today. That itself should be grounds enough to prove her incapability to care for herself.

We will get letters from her Neurosurgeon stating the above.


But.. in the time being. I will light a candle for you and your mom and keep my fingers crossed. If you could keep me updated I would really appreciate it.

Good luck!

=)

I know it's tough and I agree that an appeal is your best shot. I hope it all works out for you.

[WTM]

Hi Cassa and Son7777,

@Casa: Do you know what he costs of an appeal are?
Do you know if there is a a duration of time you are not allowed to reapply for a UK visa once an appeal has been lost?
We plan on reappealing and applying as long as it takes.

@Son7777: Thanks for your support. Where could I find this Appeal Data Base?

Date of Refusal: 07.12.15
Date sent to applicant 08.12.15
Date of Interview. 30.11.15
NHS surcharge refunded 09.11.15

[WTM]

Hi Casa and Son7777,

Thanks for the advice.

@ Casa, I appreciate the advice. I think we will appeal anyway. I have the paras that they quoted on the rejection letter and will try to find evidence contradicting it where applicable. Any idea of what happens if the appeal is denied as well?
My thought is.. well what do we have to lose if they won't issue her a tourist visa anymore either.


@Son7777 - They basically refused on the grounds that she doesn't need personal care and that she just wants to live with her daughter and grandson in the UK. They seem to have taken her replies as factual evidence.. little did they know that she is under the assumption that what she did 2 years ago is the reality of what she does today. That itself should be grounds enough to prove her incapability to care for herself.

We will get letters from her Neurosurgeon stating the above.

But.. in the time being. I will light a candle for you and your mom and keep my fingers crossed. If you could keep me updated I would really appreciate it.

Good luck!

=)

[son7777]

Hi Casa and WTM,

Looks like my mothers ADR visa is also rejected. I have receive health surcharge refund today in my bank account. I have not received any email or passport back.

Thanks

[Casa]

Hi Casa and WTM,

Looks like my mothers ADR visa is also rejected. I have receive health surcharge refund today in my bank account. I have not received any email or passport back.

Thanks

Sadly, I think you're right.

[WTM]

Hi Son777,
Sorry to read that.. Just so you know it was the same thing that happened to us. I think the NHS fee was refunded a few days before mom got her rejection letter.

There is a very detailed post by Amber if you're planning on appealing. Hope your mom is ok.. My sister and I haven't even been sleeping the last couple of days..

Stay strong

WTM

[son7777]

Hi Casa & WTM, received our refusal letter today.

Casa, I am Planning to appeal. My mother has valid visit visa upto 04/2017 If she travels to Uk will it impact her appeal?

Thanks

[CR001]

Hi Casa & WTM, received our refusal letter today.

Casa, I am Planning to appeal. My mother has valid visit visa upto 04/2017 If she travels to Uk will it impact her appeal?

Thanks

I would be surprised if her visit visa is still active. Likely that it could have been curtailed or that she will have some difficulty when arriving in the UK and being granted entry. They will have her settlement visa refusal flagged up.

[son7777]

Hi CR001,

Send Query to UKVi also this morning with my mother reference number just received this reply:

"Thank you for contacting the UK Visas and Immigration international enquiry
service.

According to our superiors, if you have got a valid visa to enter the
United Kingdom, you can visit the country during the validity of that
current visa (independently of your recently refused one) unless you have
got any restriction in writing."
-------------------------
please suggest ?
Thanks

[secret.simon]

If she travels to Uk will it impact her appeal?

Her travel to the UK will not impact her appeal, but the appeal will impact her travel to the UK.

By submitting an application for Adult Dependent Relative visa, your mother has signaled a desire to settle in the UK and also demonstrated that the ties back to the home country are not that strong.

Although her visit visa may not have been revoked, the Immigration Officer at the airport will see the appeal on the system and could decide that there is a risk that your mother may overstay her visa and become illegal within the UK. He could send her back on the next flight back home.

It is also possible that the IO could let her through, but cancel the rest of her visit visa, which would therefore cease when she leaves the UK.

The purpose of the visa is in the name. It is for short visits, not for staying in the country.

[michali]

There is really no way of knowing if an IO will allow your mother to enter the UK but, on a positive note, my friend was refused her ADR earlier this year. She also had a valid visit visa and was allowed in, with no questions asked at all, for five months. I had been very worried that she would be turned away. I think it probably depends a lot on the IO!

[WTM]

Hi Again!

Does anyone know if it is wiser to get hold of a solicitor in order to appeal or due to the time constraint should we go ahead and do it ourselves ?

Also, as obtuse as this reads - It states that mom should appeal in 28 days. Is that calendar days or working days?

=)

[Wanderer]

All pointless, its a no-win situation, the rules are clear.

[Casa]

Wanderer, there have been cases won after an appeal, But admittedly this depends on how strong the evidence is.

[Wanderer]

Wanderer, there have been cases won after an appeal, But admittedly this depends on how strong the evidence is.

My bet is those cases are where medical/care is expensive, like US etc if that's the basic os the application.

I really don't get this, do people never thing about this when emigrating? And why is returning home to look after their parents always 'impossible'?

[Casa]

Wanderer, there have been cases won after an appeal, But admittedly this depends on how strong the evidence is.

My bet is those cases are where medical/care is expensive, like US etc if that's the basic os the application. I believe that's the case.

I really don't get this, do people never thing about this when emigrating? And why is returning home to look after their parents always 'impossible'?

[WTM]

@ Wanderer,

I'm new here. From what I have gathered from this forum, it is where one writes seeking valid, constructive input. I did not solicit your opinion on how to care for my mother or any other private matters.

If you are not going to answer a question of mine with a valid answer then please be so kind as to refrain from commenting on my questions in the future.

You may have the time and immaturity to post your irrelevant comments... but I do not have the time to read them being under the impression that it is useful information.

[Wanderer]

@ Wanderer,

I'm new here. From what I have gathered from this forum, it is where one writes seeking valid, constructive input. I did not solicit your opinion on how to care for my mother or any other private matters.

If you are not going to answer a question of mine with a valid answer then please be so kind as to refrain from commenting on my questions in the future.

You may have the time and immaturity to post your irrelevant comments... but I do not have the time to read them being under the impression that it is useful information.

My input is valid and constructive and I'll commit where I like thank you, this is a public forum.

[secret.simon]

@ Wanderer,

I'm new here. From what I have gathered from this forum, it is where one writes seeking valid, constructive input. I did not solicit your opinion on how to care for my mother or any other private matters.

If you are not going to answer a question of mine with a valid answer then please be so kind as to refrain from commenting on my questions in the future.

You may have the time and immaturity to post your irrelevant comments... but I do not have the time to read them being under the impression that it is useful information.

With respect, Wanderer was merely stating the obvious line of reasoning that the caseworkers in ADR cases would deploy. In another thread on these forums, noajthan, a Respected Guru, put it quite well in saying that caseworkers follow the rulebook, leaving aside their compassion and emotions. And that is the way it ought to be.

We know very little about the case of your mother to guide you much further. All that we do know is that you will submit a letter from her neurosurgeon that would explain that she needs care personal care. But part of the requirements is also that you need to demonstrate that such care is either not available or unaffordable in her home country. If your mother is from a country in the Indian subcontinent or Africa, the cost of care is significantly lower than the equivalent cost in the UK and the application can be declined on that basis.

I would also suggest that you may not have appreciated that putting your information on a public forum will lead to comments that you may not necessarily regard as positive or constructive. We try to help each other out by pointing out a hopeless case when we see one. That does not make the feedback nonconstructive. On the contrary, if you could not convince fellow immigrants of your case, how can you convince a Home Office official going by the book? That is a sign that you need to significantly improve your case.

I am sure that Wanderer and Casa join me in wishing you well with your appeal. Take heed of our negative feedback and use it to improve your case, rather than rail against it.

[Casa]

+1 @secret.simon. It's difficult at times to give members advice that is the last thing they want to read, but it would be pointless to mislead them just to give false hope. Unfortunately it's often a case of 'if you don't like the message, please don't shoot the messenger'. There are times when you can see where members have given unrealistically positive advice, only for the original poster to later complain when the application fails.

[michali]

I know Wanderers comments may sound harsh but it is as it is! However, each case is different and I have often seen the comment 'why did you emigrate and leave your parents in their home country'. Not all cases are like that though. For instance the children of my friend of whom I speak above were born in the UK and the parents went back to their country of origin when the children became adults. They always felt they could have returned to the UK upon retirement, as they could have until 2008 when the independent retiree visa was abolished. My friends husband died and she is now alone in the Caribbean where the cost of home care is extortionate. She is however not unable to look after herself at this point and that is why she was refused the Adult Dependent visa. We knew it would be refused but she decided to try anyway.

For those who, as young adults left their parents to go and live in the UK, it is still difficult. They were most likely encouraged to emigrate to improve their standard of living. They have made the UK their home, have good jobs and children who are doing well in school. They probably always felt that they would be allowed to bring their parents to live with them in the UK at some point. And now they have this dilemma.

We make our choices in life and they may not always be the best but I feel that the requirements for this particular visa are very harsh.