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Application for my mother, urgent help please

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yoyo73
Newly Registered
Posts: 4
Joined: Mon Aug 09, 2004 6:41 pm

Application for my mother, urgent help please

Post by yoyo73 » Wed Dec 08, 2004 2:09 pm

Hi all,
first of all thanks to every one and specially to Immigrationboards team for establishing such a brilliant place to discuss and provide help for people like me.

now coming to my query.
i am and ILR holder ( after 4 years work permitt) in the UK. my mother who came in UK in april 2002 as a visitor is living with me. just before her visitor visa was about to expire, we applied for her stay in this country as a dependant of my sister and her husband ( pimary sponsor both british national) and me ( i was on WP at that time). the home office refused the application after a year and we appealed against it which was also unfortunately refused( this involved the hearing in front of adjudicator)
we applied against that in the tribunal but recently we have received their decision that our application has been refused to be heard in the tribunal.
family background.
we are 4 siblings , two in UK and two back in the home country. i am very close to my mother ( being the youngest) and my mother has been living with me , she has no pansion or whatsoever so she is financially dependant on me. the two children bacck home have their own families to take care and in my view i am in a better situation to take care of my mother in uk. she is 63 years old , my father passed away in 2000. so you can see that for her it is quite difficult to go back and live in her home country also as she has been living in this country and enjoing her family life with her two kids her and her grandchildren.
my question is.
what will happen next ? how much time does the home office gives her to go back to the home country after this refusal, 1 week , month ??
is there any other way by which we can apply for her stay in uk ( new application with me being the primary sponsor?)
is there an option of her going back and then applying for dependant visa from her home country soon after she lands there?
an urgent reply will be highly appreciated.
many thanks again.
yoyo

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Dec 09, 2004 6:43 pm

1. Your mother should leave the UK in the time period specified in the relevant refusal letter - this should be 28 days.

2. You can not make any further 'in country' applications for dependency status - the decision of the appellate authorities is final unless you proceed the matter to the court of appeal. Such is bound to be fail on grounds of being frivolous and is likely to be costly.

3. IMHO it is 'unlikely' that your mother will be granted a dependency visa where such is applied for in the home country because she does not meet the immigration rules for such and there appear to be no compassionate grounds (primarily being alone and destitute given the presence of siblings at home) for the application to be considered outside the rules. The 'in country' application to switch from visitor to dependency and subsequent refusals have likewise messed her immigration file and complicated any future applications.

4. Get professional legal advise if you decide to go ahead with an out of country application - this is not DIY territory.

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