IHS after allowed Appeal

[son7777]

Hello everyone,

Thanks for opening the post.


I would Like to apply for ADULT DEPENDENT VISA FOR My MOTHER.

My Case

I am a British Citizen and have lived in UK for 11 years and I am the only son of my parents.

My parents were living in India happily and were caring for each other (Mainly Father caring for mother).
My father was diagnosed with cancer (4th stage) in Year 2014. I moved to India to take care of my parents in August 2014 (Opted for redundancy from Job) as no one was there to take care of my mom and dad. Dad used to care for mom he got very weak because of cancer.

My father lost his cancer battle and expired in Feb 2015 . I am still living in India with my mom as as she cannot live alone. She has medical and emotional issues. My father used to care for my mom and since he has passed away I am taking her care.

She cannot do house hold work as she has back disk problem and neuro issue in which her hands shivers every time(like If she holds a glass of water. Glass starts shaking because of her neuro issue and water spills).

I have tried maids, washing supports and many other things not nothing has worked She requires constant support (physical and Emotionally) Which now I think is only possible with family support. I am in India with her form last 15-16 months. (She visited Uk for 3 month and again I returned back with her)
My wife with 2 kids( 7 years and 1.7 years) are in Uk.

So my family is scattered me and my mom in india and my wife and small kids in Uk very difficult for us to manage.

I want to apply for adult dependent visa for my mom so that I can take care of her and live with my family also (wife and kids).

My financial and house status

I have my own 3 bedroom house (mortgage fully paid).
around 60000 pounds in bank wife and mine.

I left my 70k job not working from last 16 months (living in india)
My Wife is working and earning around 35k.

Help
I would be very grateful if somebody can give me how to proceed and what are our chances.

Thanks for reading.

[Casa]

If you haven't read through the requirements for an elderly dependent visa, here's the link:
https://www.gov.uk/join-family-in-uk/eligibility

You'll see that your challenge will be to prove that the level of care your mother needs isn't available or affordable in her home country. You mention that the help you have found for her hasn't been acceptable, so you will need to submit evidence of that. This is an extremely difficult application with few reports of success since the rules were toughened in 2012, but your mother's case should be strengthened by the fact that you are currently there looking after her and separated from the rest of your family in the UK. You should also gather medical reports to submit with the application, together with financial evidence to show that you will be able to support her financially. Only apply once you feel you have all required documentation and can present a strong case for dependency.

[son7777]

Thanks Casa for your reply,

Yes it is very difficult to gather evidence for kind of support required not available. This industry is not very organized in india(atleast where we live) and mostly things are verbal not in written. Not sure how I will manage this. You can hire individuals for cleaning, washing and cooking(Which I have) but My mother requires more support then this. She has never live alone and mentally also very weak. Sometimes she starts crying at night so I have to handle her she keeps on forgetting her medically schedule so I have take care of that. But dont know how to give evidence of that.

I was not able to find acceptable level of care for last 15-16 months. That is the main reason I want to apply.

I have here Medical history reports.

I have evidence for finance. That I can support her.

Me and My wife will be taking care of her.

I have one question. With application we need to give sponsors form. Can we have 2 sponsors form(One from my wife and one from me) as I am currently not working?

[son7777]

Hi All,

I am in process of apply Adult dependent settlement visa for my mother from India.

For Evidence of Relationship they say "provide birth or adoption certificates, or other evidence"

In My birthday certificate my name is not mentioned (which was a common practice in india) only male child my date of birth and parents details is mention. I have check with Municipal corportaion also they can only add the names to maximum 15 years old certificates my birth certificate is 40 years old.

Other proof I have is Over seas's india passports which is issued by government of India and is based on my date of birth certificate and indian passport that I previously hold which clearly has my mothers name.

Can anybody comment on this. Will this be Ok?

Thanks

[CR001]

This is a very difficult visa to get with an almost certain and high refusal rate. Does your mother qualify for it?

http://www.immigrationboards.com/immigr ... l#p1254882

[son7777]

Hi CR001,
I believe she qualifies and I an collecting and organizing all the paper work. Once I have all the documentation Then I will decide and evaluate my changes and then apply.

Can you please comment on my evidence. I will be very grateful to you for valuable advice.

Thanks

[Casa]

This is a very difficult visa to get with an almost certain and high refusal rate. Does your mother qualify for it?

http://www.immigrationboards.com/immigr ... l#p1254882

CR001 the OP appears to have one of the strongest cases we've seen on the forum (although no guarantee of success) as he's had to give up his employment in the UK to care for his mother, since 2014. It's also caused him to be separated from his family.

[CR001]

Casa, I do understand that, but still a very risky application to make in my opinion. I would rather attempt Surinder Singh than ADR.

[Casa]

Hi CR001,
I believe she qualifies and I an collecting and organizing all the paper work. Once I have all the documentation Then I will decide and evaluate my changes and then apply.

Can you please comment on my evidence. I will be very grateful to you for valuable advice.

Thanks

I can only give my opinion (not based on experience or fact) and would suggest that you submit: "Other proof I have is Over seas's india passports which is issued by government of India and is based on my date of birth certificate and indian passport that I previously hold which clearly has my mothers name."
Also include your birth certificate even though it doesn't include your name.

[Casa]

Casa, I do understand that, but still a very risky application to make in my opinion. I would rather attempt Surinder Singh than ADR.

The Surinder Singh route may be extremely tough if the mother is as poorly as she appears to be. How would the OP leave her while he is working in order to exercise his Treaty rights ?

[son7777]

Thanks Guys,

If my ADR application fails. Can I go for Surinder Singh after that (Or that will be closed for me?)

Do my wife and kids also have to shift to a EU country?

Thanks

[Casa]

Thanks Guys,

If my ADR application fails. Can I go for Surinder Singh after that (Or that will be closed for me?)

Do my wife and kids also have to shift to a EU country?

Thanks

If it fails, you could still take the Surinder Singh route. You would have to prove that you had moved the 'centre of your life' to the other EU state. That might be arguable if your wife and children are still living in the UK.

[Wanderer]

Thanks Guys,

If my ADR application fails. Can I go for Surinder Singh after that (Or that will be closed for me?)

Do my wife and kids also have to shift to a EU country?

Thanks

If it fails, you could still take the Surinder Singh route. You would have to prove that you had moved the 'centre of your life' to the other EU state. That might be arguable if your wife and children are still living in the UK.

Except that the SS route, IMHO will be effectively closed in future to those using it outside of it's true purpose.

[son7777]

Hi,

I am in process of applying ADR for my mother. I have one question.
My mother has visitor visa valid upto july 2017. If her ADR application is reject will his visit visa will also be cancelled?

[Wanderer]

Most likely yes, as an attempt to settle has been demonstrated.

I take it you're not put off by the 99.99% rejection rate for these visas?

[son7777]

Thanks for your reply,

I am collecting all the paper work. Once I have everything ready then I will take decision.

[secret.simon]

I concur with Wanderer. It will be next to impossible for a visit visa to be granted or likely exercised after an application for ADR. So, you will have destroyed all chances of getting a visit visa by merely applying (not getting) for an ADR visa for your mother.

You have been advised on your other threads by Casa and CR001. I will also agree with Casa that based on your posts on these forums, you have a relatively stronger case for the ADR as opposed to most people on these forums. However, given how strongly the government is clamping down on migration, there is a good chance that you will almost certainly have to go to JR and appeal on human rights grounds.

[son7777]

Hi Guys,

Bit worried about my Mothers ADR application. Any comment from your side will be highly appreciated:

Summary
Applied on 20 Nov 2015 At Jalandhar India, Fee paid online + Health Surcharge around 3500 GBP online

I send a status update email on: 04/12/2015 (Reply yet to be accessed by ECO)

Today I sent a email for status update 09/12/2015 and received a reply as:
We understand that you would like to know about the current status of your
visa application. I have tracked the status (***** and date of birth
1******) and found that the application has been processed and it should
be with you in the next few days.

It is making me worried as it has only been 13 working days since I applied.

Any though guys?

Many Thanks

UPDATE: Refused.

[son7777]

Hi All,

Yesterday attended appeal for my mother's Adult dependent visa . Home Office representative did not attended the appeal and judge did not ask much. What experienced people think should be the outcome?

Regards

[son7777]

Update :

Finally thank God our appeal was allowed by FTT Judge under immigration rules. Judge was able step into my shoes and feel my situation. He has given a detailed determination.

Determination is dated 10/5 and I received it on 11/5 . Now home office has 14 days to appeal the Judges decision.

What are the chances that home office will appeal given they were not present at my hearing?

Is this 14 days period 14 working days?

Thanks

[Casa]

My understanding is that it's within 14 calendar days of the Court decision.

Hopefully the fact that a HO representative failed to attend the hearing is a positive sign.

I really hope that this all works out well for you. Please keep us updated.

[son7777]

Hi,

Our appeal was allowed on 10/5/2017 and there was onwards appeal by home office (I have confirmed this with tribunal).

Normally how much time it take to receive the
call letter?

[son7777]

Hi,

My Mother's Appeal was allowed in May and We have just received an email to submit the passport for Visa.

Copy from Email

"The Entry Clearance Manager has reviewed the Immigration Judge’s appeal determination and you are requested to submit your passport to the Visa Application Centre at which your application was originally lodged.

Please include a copy of your sponsor's leave to remain in the UK and your TB certificate."

But, it didn't mentioned anything about the health surcharge. Should we just deposit the Passport and TB Certificate and wait for email about health surcharge or should be we deposit IHS before submitting the passport?

your reply will be highly appreciated.

Thanks

[Vini78]

Hiya.
Basically your mom has won the appeal on the 10/05/2017 and you received the invitation email on 21/09/2017? Wow, that's more than 4 months after the appeal was allowed .
My appeal was won on 5/06/2017 and I yet to receive this damn invitation email.

Has your mom received the passport back with the visa yet?
Many thanks, Ervin

[son7777]

Hi Ervin,

Yes, yesterday we received the passport back.

Time lines:
10 May Appeal allowed
21 Sep Invitation to submit passport (Submitted on 22/9)
26/9 Email to make IHS payment
28/9 Email to collect passport
3/10 passport with visa stamp collected

Thanks