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Settlement on visit visa

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Rann001
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Joined: Mon Aug 15, 2016 2:32 pm

Settlement on visit visa

Post by Rann001 » Mon Aug 15, 2016 3:05 pm

Hi,
My husband will be applying for visit visa of his mother. If she comes to uk and stay for 6 months, will she be eligible for settlement visa?

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Settlement on visit visa

Post by Wanderer » Mon Aug 15, 2016 4:17 pm

Rann001 wrote:Hi,
My husband will be applying for visit visa of his mother. If she comes to uk and stay for 6 months, will she be eligible for settlement visa?
Absolutely definitely 100% certainly not. There is no provision in UK immigration law for chain migration.

And if the intention is for the mother to visit for the whole 6 months the visa will be refused anyway, best to shoot for a 2 or 3 week visit, UKVI take a dim view of family members effectively residing on visit visa.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Settlement on visit visa

Post by Casa » Mon Aug 15, 2016 4:58 pm

I've moved your post to the correct sub-forum. As Wanderer has already confirmed, the route to settlement for elderly dependent relatives has been virtually closed since July 2012.
1. It's not permitted to switch to any other visa category while in the UK as a visitor.
2. An Adult Dependent visa stands zero chance of being approved unless your mother-in-law needs daily care for basic tasks such as bathing, dressing, preparing food etc., and that care is either not available in her home country or is unaffordable. The argument would be that even if she needs this daily care, if you could afford to cover the cost in the UK, you would be able for afford to pay for care in her home country where the costs are lower.

Also be aware of three crucial points to consider.
Firstly, in order for a visitor visa application to succeed, your mother-in-law will need to submit evidence of strong ties to her home country in order to convince the Entry Clearance Officer that she won't overstay. As Wanderer has advised, requesting a 6 month stay rather than one of a few weeks, may raise concern that she isn't a genuine visitor.

Secondly, if you apply for an Adult Dependent visa and it is refused, you will lose the chance for your mother-in-law to visit in the future, due to showing the intention to settle.

Thirdly, don't allow your mother to stay longer than the time requested in the visa application as this is now a common reason for refusing future visitor visa applications.

You may find this article by Freemovement informative
https://www.freemovement.org.uk/out-with-the-old/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Rann001
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Posts: 2
Joined: Mon Aug 15, 2016 2:32 pm

Re: Settlement on visit visa

Post by Rann001 » Tue Aug 16, 2016 11:38 am

If my husband applies for his mum's visit visa of 3 or 4 weeks, than she can't stay more than the specified time? Or her stay can be prolonged?
I did said to my husband that if he intend to switch her visa to settlement, he might get himself in to trouble.

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Casa
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Re: Settlement on visit visa

Post by Casa » Tue Aug 16, 2016 11:42 am

Your husband can't 'switch his mother to settlement' for all the reasons I explained in my previous post!
I also advised that if his mother requests a stay of a few weeks and remains longer, then she risks being refused visitor visas in the future.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Settlement on visit visa

Post by Wanderer » Tue Aug 16, 2016 11:42 am

Rann001 wrote:If my husband applies for his mum's visit visa of 3 or 4 weeks, than she can't stay more than the specified time? Or her stay can be prolonged?
I did said to my husband that if he intend to switch her visa to settlement, he might get himself in to trouble.
If you search the forum, you will see cases of folks saying 2/3/4 weeks and staying for longer; then next visa is denied because of that.

Apart from that there is a no-switching rule from visit visas so any attempt at settlement would have dire consequences for future applications.
An chéad stad eile Stáisiún Uí Chonghaile....

asp
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Joined: Fri Feb 27, 2009 2:51 pm

Re: Settlement on visit visa

Post by asp » Tue Aug 16, 2016 11:05 pm

Starting to sound like your husband is flirting with facilitating entry by deception.

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