Request your help on urgent basis !!!

[poojak]

Hello All,

Request your help on below queries urgently.

I am on ICT Tier 2 Long term visa, and my wife is here on ICT tier 2 dependant visa, My mother in law visited us few months ago on tourist visa her visa will be expiring on 24th Dec 14. My mother in law is physically disabled and is aged 61 yrs, she is emotionally and financially dependant on us.

As discussed with few solicitors, we came to know that we can make an appeal to home office to extend her stay till the time we are in UK. we have following queries on same,

1) Is this legal, can we make an appeal
2) If we receive refusal from home office can we appeal in Tribunal Court.
3) If her appeal is not approved by home office or tribunal court will she be able to visit ever to UK or any other country.
4)Will making appeal to home office or Tribunal Court have effect on our ( Me & My wife) visa like re entering in UK or any other country in future.
5) If the appeal is not approved will she have any issues during exit from UK.

Thanks
Manoj

[MPH80]

1) You can always apply for a visa extension - whether it's granted or not is a different matter
2) Probably - if you didn't get an appeal right then you could always apply for judicial review
3) Unlikely she'd be allowed back to the UK on a visitor visa in a near time frame (e.g. next few years) - you'll have declared an intention for her to settle by applying.
4) No
5) They won't stop her leaving - but *might* speak to her on the way out. It's unlikely.

Expect it to cost £££ in solicitors fees (really - don't think of attempting this without one) and in the meantime don't forget that any medical costs have to be born by yourselves until that visa is granted.

The key questions the home office will ask is a) has her circumstance changed since she arrived in the UK and b) if not (which it doesn't appear so) how was she coping BEFORE she came to the UK and why can't that continue?

You need damn good answers to those if you've got any hope.

[poojak]

Hello MPH80,

Thanks for your reply!!

My mother-in-law was staying with us when we were in India as she is physically disabled and
I had come here to work for 1year time. My wife was working in Inida and my mother in law was staying with her.
She applied for leave from her office and both of them came here to visit me.
But we found out that my stay was extended till 2016.
As the stay is long we don’t want to stay apart for that long.

Now my wife got a job over here too. But they cannot stay here with me because my mother-in-law’s visitor visa is about to expire in this month.

And we were wondering if her visa could be extended as she cannot travel alone to India nor can she be on her own in India (as she is mentally and financially dependent on us)

and is there any way in which my mother in law who is physically disabled and dependent on us can stay in UK, on any other grounds.

Thanks,
Manoj

[poojak]

Hello All,

Also would like to know.. that a visitor can stay for 6 months in a year in UK, is like if i apply for a visa in June 14.. the year is counted from June 14 to May 15.. or its from Jan 14 to Dec 14?

Thanks
Manoj

[MPH80]

On the first points:

Given your mother was dependent on you before you traveled and you knew that she could not legitimately stay here under the visa rules I think a human rights claim - which is pretty much all you can do - has little chance of success.

You haven't been here long, your wife has been here an even shorter amount of time and you brought your mother on a short term visitor visa.

I think you need to reconsider your plans. As I said - you might buy yourself time with her - but in the meantime you're going to burn thousands with solicitors on applications and appeals and all the medical bills will have to be footed by yourself.

On the second point - it's a rolling year - so June to May. Note that this 6 in 12 rule was removed from the formal guidance about a year ago and replaced with a more flexible 'appears to be residing in the UK' - so it's now down to the discretion of the ECO - but 6 in 12 is the best yard stick we have.

[poojak]

Hello MPH80,

Thanks again for a quick response,

One more question ,

Can we go back and re apply for a Long term visitor visa ( multiple entries ) immediately or new general visitor visa.

And if we can apply for a long term visa, will my mother in law be able to re enter UK again in Jan 2015 as she will be leaving UK on 24 Dec 2014.

Or is it possible to apply for long term visitor visa from UK itself.

Thank you ,appreciate your help.

Manoj

[Wanderer]

Hello MPH80,

Thanks again for a quick response,

One more question ,

Can we go back and re apply for a Long term visitor visa ( multiple entries ) immediately or new general visitor visa.

And if we can apply for a long term visa, will my mother in law be able to re enter UK again in Jan 2015 as she will be leaving UK on 24 Dec 2014.

Or is it possible to apply for long term visitor visa from UK itself.

Thank you ,appreciate your help.

Manoj

The long term visit visa is still 6 months in every 12, just it's valid over a 2, 5 or 10 year period still subject to the former.

I doubt you'd be successful though, and you cannot apply from within UK.

[poojak]

Thanks Wanderer..

Manoj

[poojak]

Hello MPH80,

As you informed us earlier, I understood that.. We can go ahead and make a human rights application, which can buy us some time here with her in UK, and it wont effect our visa status here in UK..

Is my understanding correct?

Request your response pls.

Thanks again for all your help.

Manoj

[Wanderer]

Hello MPH80,

As you informed us earlier, I understood that.. We can go ahead and make a human rights application, which can buy us some time here with her in UK, and it wont effect our visa status here in UK..

Is my understanding correct?

Request your response pls.

Thanks again for all your help.

Manoj

Depends on your conscience I suppose as to whether you feel clogging up the Art 8 system with a doomed application to the detriment of other genuine cases is ok or not.

[poojak]

Hello Wanderer

As requested you by you we are sticking to the orginal thread.

Just wanted to know.. will my mother in law be given re entry to UK in Jan 2015 , she has left in Dec 14 as her visa was getting expired. My mother in law is physically disabled and there is no one in india who can take care of her. She needs help in her day to day activity.

Request you to guide us on this one pls.

We are not looking to stay beyond a period of 6-12 months in uk, we will be supporting her with out public funds.

Thanks
Manoj

[Frontier Mole]

I think if she was to return in the next couple of months she will be refused entry at port.

[poojak]

Thanks Frontier Mole for your response..

Even when she is disabled and no one to take care of her.. it is still not possible to get her back soon?

Thanks
Manoj

[Frontier Mole]

The rules are not based on emotions and being disabled has no bearing on the rules. If they are fit enough to fly then they are fit enough to return. And having a medical condition actually mitigates against coming to the UK unless it is a visa specifically for private medical treatment.
You need to think very carefully before you bring her back as the consequences for her could be dire. Being held in an airport holding room before being interviewed then returned home is not something you should subject a person you claim to be frail to.

[poojak]

Thanks Frontier Mole for your guidance.

Have a clear idea on it now..

Manoj