Refusal To Grant Leave To Remain

simps · Post by **simps** » Mon Dec 23, 2013 11:23 am

We Recieved my refusal letter on saturday. We did the FLR (O) for my grandmother who is 89 years old.

We now have to contact the Local Enforcement Officer by the tomorrow. But we are worried because my grandmother can not take care of herself and nobody is left in her home country to take care of her, the only person who was there taking care of her was murdered and the criminals are still at large so we brought her back to the UK with the rest of the family who are all british citizens, to live with us.

michali · Post by **michali** » Wed Dec 25, 2013 8:49 pm

On what grounds was your grandmother refused? It seems, from what you say, she fits the profile of a dependent adult.

simps · Post by **simps** » Fri Dec 27, 2013 10:24 am

They said that we have not provided enough proof that she has lost all ties to home country but we sent them the death certificates of the only other two family members who were left there. And they said that her condition is not life threatening.

She has difficulty walking and cant even leave the house alone, we have a cook and clean for her they think an 89 years old woman in this condition can live alone. even this week there was a flood on the island on christmas even that killed 8 people and they island hot no running water or electricity. at the moment. We cant send her back this environment.

Wanderer · Post by **Wanderer** » Fri Dec 27, 2013 10:29 am

Why not consider moving back home with her?

simps · Post by **simps** » Fri Dec 27, 2013 10:40 am

Wanderer wrote:Why not consider moving back home with her?

the UK is my home I was born here, my home, job and family are all here!! Why would I consider leaving my home to live in a hostile environment where criminals killed my aunt?

Post by **Lucapooka** » Fri Dec 27, 2013 10:40 am

Did you actually read the immigration requirements for this category (and the comment from Michali indicates he does not know about this either!).

According to the rules a dependant relative qualifies if he or she:

needs long-term personal care to perform every day tasks, such as washing and cooking.
The care you need is not available in the country where you he or she is living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.

The fact that you can easily pay for home help in her location would prohibit her settlement in the UK.

simps · Post by **simps** » Fri Dec 27, 2013 11:10 am

thank you for the advice Lucapooka but we dont want her to spend the last years of her life without her family, her youngest daughter and husband both died in the same year and she would be alone out there. She lived and worked in the UK paying her taxes from the 60's to the 80's before retiring back, still has her original national insurance and NHS numbers from back then and receives a UK pension.

Post by **Lucapooka** » Fri Dec 27, 2013 11:33 am

Unfortunately the UK does not permit chain migration of this nature. Paying taxes in the UK is a mandatory income-related fringe that does not, by itself, permit residence. It seems she may have had the opportunity to settle in the past but waived or lost that chance. Now it's too late to cite her previous work and residence and she has to qualify according the rules for dependant relative. Those rules are very rigid.

Wanderer · Post by **Wanderer** » Fri Dec 27, 2013 11:46 am

simps wrote:
Wanderer wrote:Why not consider moving back home with her?
the UK is my home I was born here, my home, job and family are all here!! Why would I consider leaving my home to live in a hostile environment where criminals killed my aunt?

Apologies.

LTR for an elderly dependant relative is expensive (£1600 for app. ISTR), very stringent and anecdotally only one has been granted since this visa was introduced a few years back. There are financial undertaking to be met too.

michali · Post by **michali** » Fri Dec 27, 2013 2:08 pm

I was aware of the conditions under which an elderly dependent could remain in the UK. It just seems so cruel to send a really elderly lady back alone when the same money to maintain her over there could be kept in the UK and most likely at a much reduced cost. But we should not be dealing with sentiment here. As a woman, however, I feel the pain! Maybe this category should be done away with completely if UKBA are not going to allow anyone (or only one!) to qualify.

simps · Post by **simps** » Fri Dec 27, 2013 3:17 pm

thanks we applied for discretionary leave to remain, the immigration lawyers we used never told us the chances were this slim the chances were and that only 1 case had ever qualified. They said my chances were good because we have a flat with a spare room and I have a good secure job earning more than minimum requirement.

simps · Post by **simps** » Fri Dec 27, 2013 4:44 pm

What action can I take next I want to appeal this but the letter said there is no right to appeal against the refusal.

Should I now contact the local enforcement office and start a case through them. as she cant leave our doctor is writing a note to say she is in no condition to travel

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Refusal To Grant Leave To Remain

Refusal To Grant Leave To Remain