What Options for Staying?

[hopefloats]

Hi there

My mum is 80 years old, was born in South Africa and has a South African passport (although she and her family lived in England and she went to school in England until she was 15). Her maternal grandfather (and all of his family) was English.

We have his full birth certificate, and my mum's full birth certificate, we have her mother's abridged birth certificate, but are still waiting for the full birth certificate (she applied for that in South Africa in April, but it's still not come through).

My mum is over here (in England) on a 6 month visitor's visa, which expires in February, and her return flight is on the 7th February. We were hoping the ancestry visa would come through before then and that she wouldn't have to go back. She has high blood pressure, and there was a concern about a week after she arrived here that she might have a clot on the lung because of the long-haul flight (we didn't know about the risk of that before she went to the doctor here with chest pains) - luckily it turned out she didn't. But I'm very concerned about her going back onto a long-haul flight now. She turns 81 in February, and although she's in very good health apart from the blood pressure (which she's on medication for), we naturally don't want to put her at risk.

I've also just seen that even if her mother's birth certificate comes through in time, she's supposed to be out of the country in order to apply for an ancestry visa.

* My sister and I fully support her financially (she's living in a flat owned by my sister, and we pay all her bills)
* However, she's willing and able to work (she's a seamstress and was working right up to before she left SA) She could also do work for my sister's business if necessary.

She's willing to comply with whatever requirements are necessary - in other words, to work or not to work, whichever is required for whatever visa.

My question is:

I understand it's not possible to extend a visitors visa beyond the 6 months. What are our options for enabling her to not have to go back on the 7th February? I'm really worried about her getting on another long haul flight considering the risks.

[Obie]

please see Older Dependent relatives

[batleykhan]

Personally speaking I think you are taking a risk by applying from UK visa whilst your mum is here on a visitors visa.This visa can not be switched to ones that be suitable for your mum, therefore if you apply for any other, you will most likely to be refused and have implications subsequently.

I would advise that she fly home and then apply for parents dependant visa whilst in South Africa. In her present circumstances and health conditions and your and your sisters support for her, she stands a good chance of getting the visa.It is a difficult visa to obtain, but if you can meet the requirements, your chances of succeeding are better than what you had suggested in your post.

[hopefloats]

Hello Thanks v much for the reply.

We originally applied for a elderly parents dependent visa, but was refused because they wouldn't believe that my brother (who is still living in SA) couldn't support her.

We provided all the documents they requested, we proved we can support her here, and we appealed and went to court etc. but they insisted that because she was staying with my brother and his partner, (even though she was sleeping on the sofa - my brother and his partner are really struggling financially), they asked in court, would my brother throw our mother out on the street. Well, of course he wouldn't. In that case, they said she could continue to stay there and refused the settlement visa

So that's why we're going to apply for the ancestry visa now.

[vinny]

So that's why we're going to apply for the ancestry visa now.

Is she able and planning to work?

[hopefloats]

So that's why we're going to apply for the ancestry visa now.

Is she able and planning to work?

She is able to and willing to work. She doesn't have to as we are able to support her, but she would love to work if she's allowed to.

In other words, if whatever visa she got said she wasn't allowed to work, that would be fine because we can support her. But if her visa allows her to work, she is able and willing, and in fact would very much prefer to.

[saffaboy]

Have a look at this link below. Your mother might already have right of abode in the UK without knowing it. You said she lived in UK and went to school here until she was 15 as a commonwealth citizen. Was she here for a continous period of 5 years, and also was this before 1949?

Look at section 2.1 a the 4th bullet point and also 2.1 b

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

If she was here for a full 5 years and it was before 1949, then she may already have right of abode, which is better than getting any other type of visa.

[hopefloats]

Have a look at this link below. Your mother might already have right of abode in the UK without knowing it. You said she lived in UK and went to school here until she was 15 as a commonwealth citizen. Was she here for a continous period of 5 years, and also was this before 1949?

Look at section 2.1 a the 4th bullet point and also 2.1 b

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

If she was here for a full 5 years and it was before 1949, then she may already have right of abode, which is better than getting any other type of visa.

Wow, thanks so much! I didn't know about this. Yes, it was for more than 5 years (I think it was closer to 10), and yes it was before 1949.

I'm sure this applies to her, however, she wouldn't have any documentation from then as it's so long ago, and of course she was only a child.

South Africa was part of the Common Wealth at that time so she would have had a South African passport. So, I'm guessing that the evidence she'd need to provide would be the "Certificate of Entitlement" mentioned in point 3. a) - she won't of course have that after all these years, is there some way of getting a copy (like you can a birth or marriage certificate)?