Adult dependent case ,need help urgent

[KashiKhan]

Hi there ,
i request every one to please give their feed back on the following complicated immigration case.
we applied for our Mother settlement visa back in 2009 while she was on visit visa in UK,
the initial application was refused on the bases of her age as she wasnt 65 at the time of application with no right of appeal as she still has valid visitor visa at that time, my mother is widow and no one to look after her back home,except my sister who is married and living with her in laws and she has the responsibility to look after children and in-laws , in Pakistan its impossible for parents to live with thier daughter once they get married ,neither any one expect daughters to look after their parent after thier marriage, specially living in a joint family sytem,
upon making further representation ukba kept refusing all request on the basis that my mother has daughter there and she can start living with her , keep insisting that she doesnt qualify bcoz of the age barrier at that time which was 65. my mother requires day to day care and she has quite a few medical condition which restrict her mobility and to perform day to day work.
at the moment mother is going for report once a month,
At the end of last year home office sent IS75&IS76 , asking reason to stay here and medical reports which we sent back,
now recently they have asked her to come to sheffield report centre, where they took her interview , think they wanted to fill the Pakistani Passport form, asked for id card, which we provided and ask question about birth place , school name ,Mosque name etc
now we are very much concerned and confuse that what exactly they wanted to do. what normally happens in this case scenario
we are clue less as we also try to ask interviewer that what is all this for or what could happen and to which she said that i have no idea i have been only ask to get ur information and fill this form in.
can any one from their knowledge , experience suggest or advise what we should do or what does all this procedure was for, or what could happen in worse case scenario.
i shall be really thankful as we all family is under great stress at the moment,
thank you v much for ur time.

[Wanderer]

It's not permitted to switch from a visit visa (since about 2003) so I can't see it being good news I'm afraid....

[Casa]

The interview was likely to have been held to assess your mother's disability and whether she is fit to travel back to her home country.
The fact that she has family in Pakistan doesn't help her case, even though they choose not to help with her care. The Rules have toughened considerably regarding elderly dependent visas and you need to be able to prove apart from her needing daily help with normal tasks such as washing and dressing, that this care either isn't available in her home country or is unaffordable. It hasn't helped that you've applied when she has entered as a visitor. This needs extreme compassionate circumstances in order to be approved. Has she overstayed since 2009?
Regrettably, if she is refused and returns to Pakistan, the door is likely to be closed for future visitor visa applications.
How are you paying for her medicines and medical treatment while she is here? Does she have private medical insurance?

[KashiKhan]

The interview was likely to have been held to assess your mother's disability and whether she is fit to travel back to her home country.
The fact that she has family in Pakistan doesn't help her case, even though they choose not to help with her care. The Rules have toughened considerably regarding elderly dependent visas and you need to be able to prove apart from her needing daily help with normal tasks such as washing and dressing, that this care either isn't available in her home country or is unaffordable. It hasn't helped that you've applied when she has entered as a visitor. This needs extreme compassionate circumstances in order to be approved. Has she overstayed since 2009?
Regrettably, if she is refused and returns to Pakistan, the door is likely to be closed for future visitor visa applications.
How are you paying for her medicines and medical treatment while she is here? Does she have private medical insurance?

thanks all for your feedback ,
regarding the interview, the interviewer was not interested in any thing apart from getting information as i mention before, even we ask few question , she replied that im not aware of ur case situation and only "case Owner " would know that why this information were required, she did not look like as she was a case worker, or trying to investigate any thing. she was wearing blue uniform.
regarding the care, its impossible for relatives to take her responsibility as she can not cook or do house hold work,because of pain in joints, even cant take medicine by herself. she has arthritis in knee and shoulder and hands which really restrict her. her arm movement, she is getting steroid injection every 3 month in her knees, doctors suggested knee replacement which she doesnt want to do, she also suffers from high blood pressure and depression .
from 2009 our solicitor kept sending reviewing and reconsideration requests since her first settlement visa was refused , during this time period couple of time solicitor put new applications as well, even i question why u putting set f(not sure if thats what they use to be called) application as we should be looking to send flr o applications. but he insisted to do what he recommended .
we have her medical insurance in place , also pay privately for medicine and trip to GP. back in 2009 we were unaware of this and i think for at least one year she was on nhs, GP didnt mention any thing neither the hospital. but as soon we check with ukba we got medical insurance + start paying for GP visits.
so my question remain what could happen , or what is the best to deal in a worse case scenario.
im kinda of having bad feeling but its the hardest thing to imagine, we are keeping our faith and trying to be optimistic but same time we wanted to be be well prepare for any bad news.
thanks again every one and i urge every one every one to share your thoughts even u "think" what could be best way to deal with it .

[KashiKhan]

sorry just wanted to add,
why im keep asking that would does all this procedure mean? because the solicitor is saying HO only wanted to get her passport ready.
nothing to worry about. as her passport was lost & expired during this application process
my concerns are , according to our solicitor it could be good sign . but still i dont understand the need of making a passport even if they decide to give temporary residence , i heard from someone that HO could do it on paper without actually wanted the passport again, and you can transfer (residence permit) on your new passport. solicitor says u worry too much. should i not be worried in this situation?

[Wanderer]

Miracles happen but to be honest I think the chances are practically zero.

1. Chain migration is not a UK thing.

2. She's overstayed and illegal.

3. Used NHS while not entitled.

4. Siblings can support her abroad, and if not it's still cheaper for you too hire local care in Pak than burden the NHS.

5. You can move back home to look after her.

These are the facts/questions you'll be faced with from UKVI, not me saying it...

Also I never heard of daughters not being allowed to support their parents - u sure ur not trying to justify a case?

[Casa]

The problem you have is that this route to settlement has become much tougher since 2009. As Wanderer has advised, you will need to justify why you can't afford to pay for her care in Pakistan if you can afford to support her in the UK where living and medical costs are much higher.

[KashiKhan]

Also I never heard of daughters not being allowed to support their parents - u sure ur not trying to justify a case?

thanks for ur valuable input but
justifying case??? to who... to u or to HO?
no disrespect but i dont need to justify any case to u , if thats what u mean, i dont think u can make decision on any one immigration case neither u can influence any case worker, im not sure which part of world u originally from, but i was talking abt Pakistan, as in Pakistani culture and tradition its not possible for parents to start living with their daughter after her marriage, specially when she is living with her in-laws. no offence but plz get ur facts right before commenting.
my question was not that we r trying to submitting an application,
whole point of this post was to check the possibilities at this stage and to get an idea from someone who's been through this or if someone heard of this situation before and know what would happen next.
thanks

[Zee ali]

Also I never heard of daughters not being allowed to support their parents - u sure ur not trying to justify a case?

thanks for ur valuable input but
justifying case??? to who... to u or to HO?
no disrespect but i dont need to justify any case to u , if thats what u mean, i dont think u can make decision on any one immigration case neither u can influence any case worker, im not sure which part of world u originally from, but i was talking abt Pakistan, as in Pakistani culture and tradition its not possible for parents to start living with their daughter after her marriage, specially when she is living with her in-laws. no offence but plz get ur facts right before commenting.
my question was not that we r trying to submitting an application,
whole point of this post was to check the possibilities at this stage and to get an idea from someone who's been through this or if someone heard of this situation before and know what would happen next.
thanks

One of the possibilities is when her Pakistani passports will ready and when she will go for her next singing its highly likely that they will detain her and put her in a flight back to Pakistan.

Other possibility and chances r very slim that they grant her some discretionary leave and your stress is over.

[KashiKhan]

thanks for ur feedback Zee Ali

[Wanderer]

Also I never heard of daughters not being allowed to support their parents - u sure ur not trying to justify a case?

thanks for ur valuable input but
justifying case??? to who... to u or to HO?
no disrespect but i dont need to justify any case to u , if thats what u mean, i dont think u can make decision on any one immigration case neither u can influence any case worker, im not sure which part of world u originally from, but i was talking abt Pakistan, as in Pakistani culture and tradition its not possible for parents to start living with their daughter after her marriage, specially when she is living with her in-laws. no offence but plz get ur facts right before commenting.
my question was not that we r trying to submitting an application,
whole point of this post was to check the possibilities at this stage and to get an idea from someone who's been through this or if someone heard of this situation before and know what would happen next.
thanks

Justify to UKVI - not to me obviously. UKVI doesn't really care about the culture back home, this is the UK, not Pakistan.

If you read similar posts to yours on the forum you'll see that these sort of visas are almost 100% denied anyway.

[KashiKhan]

Thanks wanderer

[DanChak]

I am the only child and my father is no more. My mother is over 65 years old and she had a serious car accident in which she sustained multiple fractures on her leg. She has a steel plate which makes walking painful. She also had a stroke because of which a simple task like making a cup of tea is difficult.
With all this to show, I know for a fact that I have NO chance of bringing my nonEU mother as adult dependent to UK.
If you are serious about having your mother stay with you legally, relocate to another EU country and try the Surinder Singh Route. It will take you and your family a few months of pain. But it is doable.
That way you don’t spend sleepless nights worrying about your mothers visa status.

[KashiKhan]

I am the only child and my father is no more. My mother is over 65 years old and she had a serious car accident in which she sustained multiple fractures on her leg. She has a steel plate which makes walking painful. She also had a stroke because of which a simple task like making a cup of tea is difficult.
With all this to show, I know for a fact that I have NO chance of bringing my nonEU mother as adult dependent to UK.
If you are serious about having your mother stay with you legally, relocate to another EU country and try the Surinder Singh Route. It will take you and your family a few months of pain. But it is doable.
That way you don’t spend sleepless nights worrying about your mothers visa status.

Hey... Thanks a million for sharing ur opinion people like u r the reason this forum is so popular ... I ws looking for this kind of post where i get answer/opinion/experience but some other people cant help with there arrogant attitude ad start having a private investigation thinking they are working for HO, and start adding things like "i never heard" or "this is UK not Pakistan" really ???? Is there any need of this?
Normally people like me who come here are desperate for help and guidance they already so frustrated that this kind behaviour really put them off, any way back to wht u were saying
Again i would like to thank u for writting reply
So for surinder sing route she has to ho back and then apply for eu country once i move there and excersice my trity rights over there,
so do u think her uk immigration history could have any impact on her future application for an eu country
Also how long i have to stay there before i can apply
What proof they required to show dependency/support, im only asking cause as she been living with us so there would be no proof of financial support available
Thanks
Kind regards

[Zee ali]

I am the only child and my father is no more. My mother is over 65 years old and she had a serious car accident in which she sustained multiple fractures on her leg. She has a steel plate which makes walking painful. She also had a stroke because of which a simple task like making a cup of tea is difficult.
With all this to show, I know for a fact that I have NO chance of bringing my nonEU mother as adult dependent to UK.
If you are serious about having your mother stay with you legally, relocate to another EU country and try the Surinder Singh Route. It will take you and your family a few months of pain. But it is doable.
That way you don’t spend sleepless nights worrying about your mothers visa status.

Hey... Thanks a million for sharing ur opinion people like u r the reason this forum is so popular ... I ws looking for this kind of post where i get answer/opinion/experience but some other people cant help with there arrogant attitude ad start having a private investigation thinking they are working for HO, and start adding things like "i never heard" or "this is UK not Pakistan" really ???? Is there any need of this?
Normally people like me who come here are desperate for help and guidance they already so frustrated that this kind behaviour really put them off, any way back to wht u were saying
Again i would like to thank u for writting reply
So for surinder sing route she has to ho back and then apply for eu country once i move there and excersice my trity rights over there,
so do u think her uk immigration history could have any impact on her future application for an eu country
Also how long i have to stay there before i can apply
What proof they required to show dependency/support, im only asking cause as she been living with us so there would be no proof of financial support available
Thanks
Kind regards

@Kashikhan

First u also look for your reason why u make this post.

whole point of this post was to check the possibilities at this stage and to get an idea from someone who's been through this or if someone heard of this situation before and know what would happen next.

[KashiKhan]

@Kashikhan

First u also look for your reason why u make this post.

whole point of this post was to check the possibilities at this stage and to get an idea from someone who's been through this or if someone heard of this situation before and know what would happen next.

Zee
am i missing something in this post...i didnt quite catch the reason of having my post " quoted and asking reason of my post...
by the way if u trying to remind me to be stick to the same questions then Mr clever guy is there a problem if i asked about EU route??.
our family is going through tremendous amount of stress which obviously u would never understand and its means nothing to u which reflects from ur post
if Danchak tried to give his honest advise then why u having a issue with it.. so if u have nothing positive to contribute then please do not comment or post reply on this. some people need to learn if they wanted to show something relevant from previous post u dont have to dig the full post out sticking with quotation.
i request any one who wanted to do further "investigation" please inbox a message. or read above of my all previous post and other Member's response.
thanks
peace

[Casa]

You won't be able to send or receive PMs until you have made 10 posts.

[DanChak]

My suggestion to you is to first try and go thru this thread - http://www.immigrationboards.com/immigr ... m#p1209747

Once you have specific questions there are experts with more experience then me who can answer.
Your mothers overstay can be a problem. But the visa your mother will apply if you move using the Surinder Singh route is intially a Schengen Visa. If she gets an EU Residence Card from a EU country, UKBA cannot stop her from entering UK.
Or if you still feel she may have a problem at the airport boarding a place to UK, just cross the border into Northern Ireland like many who use this route do.

[Wanderer]

The problem with the EU route is that it requires shifting your 'centre of life' to another EU State for an extended period, not defined but thought to be 9-12 months, and means severing yourself totally from UK, and living and working in EU meaning property lease or mortgage, job school (if kids) etc.

In addition there is no doubting my mind UKVI is actively looking to close or otherwise make this route unviable so you have to consider what the state of play will be in 9-12 months time, you may well find yourself no further forward.

So in summary it's a possibilty but it's not a trivial task like it was a few years ago with a three month hop to Ireland and back to UK to continue where one left off.

[candy2012]

dear,all

You,all people have misunderstanding,I used already surinder singh route for my mother, I am now with my mother in UK,I checked forum,People are making their own stories,Its not very difficult,You need just guts..Sorry for using word..If you have goal,You can get whatever you want...

[DanChak]

The problem with the EU route is that it requires shifting your 'centre of life' to another EU State for an extended period, not defined but thought to be 9-12 months, and means severing yourself totally from UK, and living and working in EU meaning property lease or mortgage, job school (if kids) etc.

In addition there is no doubting my mind UKVI is actively looking to close or otherwise make this route unviable so you have to consider what the state of play will be in 9-12 months time, you may well find yourself no further forward.

So in summary it's a possibilty but it's not a trivial task like it was a few years ago with a three month hop to Ireland and back to UK to continue where one left off.

Wanderer,

Your opinion is clearly wrong and dangerous.
If you can prove that your 'centre of life' has moved to an EU country, it does not matter whether you stay there for 2 months or 12.
Only very recently, candy2012 has successfully brought his mother to UK within 3 months of moving to a EU country.
Of course, he took a risk. But no route is fool-proof.
UKBA cannot close this route because the right to free movement is the cornerstone of the EU. Try what it may to scuttle it.

[Wanderer]

The problem with the EU route is that it requires shifting your 'centre of life' to another EU State for an extended period, not defined but thought to be 9-12 months, and means severing yourself totally from UK, and living and working in EU meaning property lease or mortgage, job school (if kids) etc.

In addition there is no doubting my mind UKVI is actively looking to close or otherwise make this route unviable so you have to consider what the state of play will be in 9-12 months time, you may well find yourself no further forward.

So in summary it's a possibilty but it's not a trivial task like it was a few years ago with a three month hop to Ireland and back to UK to continue where one left off.

Wanderer,

Your opinion is clearly wrong and dangerous.
If you can prove that your 'centre of life' has moved to an EU country, it does not matter whether you stay there for 2 months or 12.
Only very recently, candy2012 has successfully brought his mother to UK within 3 months of moving to a EU country.
Of course, he took a risk. But no route is fool-proof.
UKBA cannot close this route because the right to free movement is the cornerstone of the EU. Try what it may to scuttle it.

I prefer to be realistic, there are always exceptions but for most SS is a tough route.

Free movement is fine but not when it is used to circumvent UK immigration rules which is what UKVI are saying. Hence the tougher tests.

In any case UK will do what it likes re: EU IMHO, the referendum promised, possible UK exit, the mooted scrapping of HRA all point to a tacit implication that the UK will either leave the EU, or remain involved under it's own terms, much like Switzerland or Norway.

[DanChak]

Wanderer,

This is not a care of circumventing UK immigration rules, but superseding them. The SS route does not only apply to UK, but to all EU countries. The 'centre of life' test is already in the cross-hairs of the European Courts and it is only a matter of time that they would make a ruling against it.
If UK decides to leave the EU, that would be the first time UK goes against American Interests. And what would the Scots decide next? So good luck with that!

[Wanderer]

Wanderer,

This is not a care of circumventing UK immigration rules, but superseding them. The SS route does not only apply to UK, but to all EU countries. The 'centre of life' test is already in the cross-hairs of the European Courts and it is only a matter of time that they would make a ruling against it.
If UK decides to leave the EU, that would be the first time UK goes against American Interests. And what would the Scots decide next? So good luck with that!

It's not me saying, it's UKVI, I'm hoping one day to get my better halfs mum here on it but I doubt it will be possible in a few years.

I think what will happen is UK will make all the motions to leave, and panic Brussels into giving the UK more control over it's borders etc, but like you say good luck with that.

ISTR reading that Harold Wilson I think attempted to persuade the US to admit the UK as the 51st of America. Gonna Google that...

[DanChak]

Who in his right mind would go thru all the hoops to get his own mother-in-law to live with him in the UK?
You love to play dangerously!