Older dependent relatives

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Re: Older dependent relatives

Postby xjhl » Sun Nov 29, 2015 12:54 pm

Thanks again for your information. My mum is having blood test every month and ct scan every three months to monitor the cancer movement. She has done all these in a local private hospital last few months while she is here, she is not having any hospital treatment at the moment part of some cancer tablets. I am wondering if home office will consider these regular blood tests and ct scans as a medical treatment and extend her visa. I just worried once we have apply a extension, if they refuse this application. She might not be able to come back again.

Many thanks again for your help.
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Re: Older dependent relatives

Postby avjones » Sun Nov 29, 2015 1:11 pm

You need to look at the Rules and the Guidance, and the exact position your mother's in, and see whether she fits within the category, really.
Amanda Jones

I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.
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Re: Older dependent relatives

Postby RANA-ALI » Wed Dec 09, 2015 12:40 am

avjones wrote:If you aren't happy with your solicitors, change them.

This is a very, very difficult visa to get. So it isn't possible to say what the chances are without detail.

What will happen once the notice of appeal is filed with the Tribunal is that you will get an acknowledgment of it and then a hearing notice. There might be a "CMR" listed, with is a Case Management Review. It's not that likely unless there are extra, complicated issues that you will need to attend this.

The full hearing will be at a Tribunal. You will need to serve a "bundle" in advance on the Home Office and the Tribunal, containing witness statements, any other evidence (such as medical, financial) relevant to your case, a chronology, and a skeleton argument.

Amanda

Thanks for ur reply
Do u know how long does it take to get acknowledement for appeal , according to solicitor they submit appeal more than month ago , after that cant get hold of the solicitor ,
Is there any way that we can check whether
he submitted appeal and if its on thier system now ?
Regarding changing solicitor we already change solicitor couple of year ago they all seems to be same , at beginning they give u high hopes but as time pass they start to act in same manners
dont know where to go from here, this case is already a mess and dont know how a new solicitor could do any thing different from the previous one, i know there is not much chance but we dont have any choice
Also as mention previously is it possible to amend ground of appeal as there is a mistake in the appeal grounds
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Re: Older dependent relatives

Postby avjones » Wed Dec 09, 2015 4:58 pm

Yes, you can amend the grounds of appeal up to and including the date of the hearing
Amanda Jones

I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.
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Re: Older dependent relatives

Postby iamhuman » Wed Jan 13, 2016 9:31 am

Hi All,

I am a UK naturalised citizen and wish for my mum to join be in the UK as she has several health conditions. Based on all the reading I've done, it seems the current legislation makes it near impossible to qualify under Adult Dependent Relative route and if one does apply, they risk losing the Visitor Visa route.

Is there anything in motion to bring about changes to these regulations? Are there cases of success stories?

Any info would be much appreciated.
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Re: Older dependent relatives

Postby iamhuman » Wed Jan 13, 2016 10:41 am

mkzp wrote:Hi Sanky,

Can you please pm me as i am interested in finding out more information regarding calling my mother to Ireland viaa eeu route


Hi both,

I am in similar situation and exploring the eea option as well. Can we please get in touch via PM?

Thanks
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Re: Older dependent relatives

Postby Casa » Wed Jan 13, 2016 10:45 am

iamhuman wrote:
mkzp wrote:Hi Sanky,

Can you please pm me as i am interested in finding out more information regarding calling my mother to Ireland viaa eeu route


Hi both,

I am in similar situation and exploring the eea option as well. Can we please get in touch via PM?

Thanks


Members are unable to send or receive PMs until they have made 30 posts.
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.
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Re: Older dependent relatives

Postby iamhuman » Thu Jan 14, 2016 2:31 pm

Thanks for letting me know Casa.

I've just come across some update on the Immigration Bill 2015, which went for 3rd reading in Dec 15 and will now go to House of Lords for consideration.

Does anyone know much about this?
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Re: Older dependent relatives

Postby secret.simon » Fri Jan 15, 2016 12:22 am

iamhuman wrote:I've just come across some update on the Immigration Bill 2015

My jaw dropped when you indicated that somebody is actually following the progress of the Immigration Bill.

Here is a link to the full text of the Immigration Bill 2015. The Immigration Bill 2015 focuses on making the lives of illegal migrants difficult, by making it a crime for anybody to rent them a house, give them a job and by making it easier to confiscate the money they earned from illegally working. It also has a range of new fees (see Clauses 55-59) that the government is likely to start charging when the law is passed.

Baroness Deech, a crossbench/non-party member, has written a very useful guide on how to lobby members of the House of Lords, if anybody reading this wishes to lobby them.

It does not have anything on Adult Dependent Relatives. That is a category under the Immigration Rules, which is secondary legislation (SI) made by the Home Office and is passed automatically (without debate) if neither House objects to it. Given that the Commons has a government majority and the Lords are very reluctant to oppose the Commons, that means that SIs automatically become law most of time without debate.
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Re: Older dependent relatives

Postby iamhuman » Fri Jan 15, 2016 8:08 am

secret.simon wrote:
iamhuman wrote:I've just come across some update on the Immigration Bill 2015

My jaw dropped when you indicated that somebody is actually following the progress of the Immigration Bill.

Here is a link to the full text of the Immigration Bill 2015. The Immigration Bill 2015 focuses on making the lives of illegal migrants difficult, by making it a crime for anybody to rent them a house, give them a job and by making it easier to confiscate the money they earned from illegally working. It also has a range of new fees (see Clauses 55-59) that the government is likely to start charging when the law is passed.

Baroness Deech, a crossbench/non-party member, has written a very useful guide on how to lobby members of the House of Lords, if anybody reading this wishes to lobby them.

It does not have anything on Adult Dependent Relatives. That is a category under the Immigration Rules, which is secondary legislation (SI) made by the Home Office and is passed automatically (without debate) if neither House objects to it. Given that the Commons has a government majority and the Lords are very reluctant to oppose the Commons, that means that SIs automatically become law most of time without debate.



Hi secret.simon

I've been doing a fair bit of research and eventually stumbled across the recent immigration bill. I have to say I was looking at the Joint Council for the Welfare of Immigrants, when I read about the immigration bill, which gave me a bit of hope. There is a a specific section within the amendments NC14 and NC15 which refers to Partners and Adult Dependent Relatives.

I tried to get my head round whether its part of the bill tabled or is it just an amendment put forward by some MPs and the discretion lies with the Secretary of State to include it.

Going by the reading it sounded like it will be changed.

Below is the text;

Mr Alistair Carmichael
NC15
 To move the following Clause—
“Adult dependant relative visas
(1) The Secretary of State shall within six months after this Act receives Royal
Assent amend the Immigration Rules regarding Entry Clearance in respect of an
adult dependant relative of a person who is—
(a) a British Citizen; or,
12 Consideration of Bill (Report Stage): 27 November 2015
Immigration Bill, continued
(b) a person settled in the UK; or
(c) in the UK with refugee leave or humanitarian protection
to make provision as set out in this section.
(2) The Immigration Rules for persons specified in subsection (a) must not require as
condition for entry that in the country where they are living—
(a) the required level of care is not available;
(b) there is no person in that country who can reasonably provide the
required level of care;
(c) the required level of care is not affordable.
(3) The applicant shall be adequately maintained, accommodated and cared for in the
UK by the sponsor without recourse to public funds for five years.”
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Re: Older dependent relatives

Postby avjones » Fri Jan 15, 2016 9:27 am

That's a Scottish Liberal Democrat MP - so unlikely to be an actual change
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People should always consider obtaining professional advice about their own particular circumstances.
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Re: Older dependent relatives

Postby iamhuman » Fri Jan 15, 2016 9:50 am

Yes indeed, thanks for the reply Amanda.
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Re: Older dependent relatives

Postby secret.simon » Thu Jan 21, 2016 9:32 am

The link that I provided is of the bill as introduced into the Lords, after the Commons had passed it with any amendments. As it does not contain the text you have highlighted, the amendment was not approved. Indeed, it is very likely that the amendment was not even debated in the Commons. A lot of the procedure in the Commons is about political visibility, to be seen to do something.

The Lords is where the real action of amendments takes place. At least four days of Committee stage debate have been put down for this bill, with two days having gone (Monday and yesterday) and two further days two weeks from now (1st and 3rd February). But no amendments will take place at this stage, though many will have been put down. They are debated and that gives the government an idea of what will be accepted and what won't and then the government can come forward with their own amendments, which would be acceptable to both it and the opposition in the Lords. The Lords work in a much more consensual manner, as compared to the confrontation of the Commons.

The real amendments will take place at Report stage, following the Committee stage. That would likely take place on or after 22nd February.

That should give us sufficient time to lobby members of the House of Lords, particularly the cross-bench/party independent members, to put down suitable amendments.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice. Being a Respected Guru does not mean I know more, it just means I can google better. Google knows it all.
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Re: Older dependent relatives

Postby iamhuman » Fri Jan 22, 2016 4:33 pm

I see, its all very complicated, to follow where the amendment actually is. I very much doubt, they will even look at this bit.

I did see in the latest udpated draft bill, that they have included text regarding financial requirement for a partner but nothing for ADR.
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Re: Older dependent relatives

Postby iamhuman » Mon Feb 01, 2016 10:18 am

I've just seen below in the latest amendment to the immigration bill;

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Third Marshalled List]

After Clause 38
BARONESS HAMWEE
LORD PADDICK

234AA*
Insert the following new Clause—
“Family visas
(1) The Secretary of State must, within six months of this Act coming into force,
amend the immigration rules regarding the entry clearance of adult
dependent relatives of—

(a) British citizens in the United Kingdom;

(b) persons settled in the United Kingdom; or

(c) persons in the United Kingdom with refugee leave or humanitarian
protection,

to make provision for sponsorship of an applicant provided that the
conditions set out in subsection (2) are met.

(2) The condition is that the applicant, and if the applicant and his or her
partner are the sponsor’s parents or grandparents, the applicant’s partner,
will be adequately maintained, accommodated and cared for in the United
Kingdom by the sponsor and without recourse to public funds.”
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Re: Older dependent relatives

Postby avjones » Mon Feb 01, 2016 1:25 pm

I think it's extremely unlikely that amendment will pass - it goes further than the previous rules and suggests any dependent adult relatives. Can't see that happening.

They are both Liberal Democrat life peers - both very socially liberal (and interesting) people. Can't see it being accepted.
Amanda Jones

I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.
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Re: Older dependent relatives

Postby secret.simon » Sun Feb 07, 2016 4:59 am

It seems that the specific amendment listed was not moved for debate. Click on this link and then scroll a couple of lines up.

Mind you, as I had mentioned earlier, it is Report stage that matters in the Lords. And I disagree with avjones. There is a reasonable chance that the Lords could accept the proposed amendment at Report stage, if proposed. The House of Lords is not controlled by the government as completely as the Commons and can and does propose changes that the government does not like.

It would help if the amendments are proposed or at least supported by the non-party cross-bench peers. That way,the measure is seen as politically neutral and is more likely to be acceptable to the party peers. Besides, as experts in the fields they work in, cross-bench peers are highly respected inside and outside the House of Lords.

It is however the Commons, as the democratically elected chamber, which will have the final say. If they feel very strongly about a change, the Lords may send the proposal back to the Commons a second time, but if the Commons says no twice, the Lords back off.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice. Being a Respected Guru does not mean I know more, it just means I can google better. Google knows it all.
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Re: Older dependent relatives

Postby secret.simon » Mon Feb 08, 2016 10:16 pm

Leaked letter shows minister fears Lords defeat over trade union bill

This article showcases the influence that the Lords can bring to bear on legislation. Mind you that Nick Boles, the minister of state guiding the bill through Parliament, is a moderate minister, who is open to negotiations. The same cannot be said of James Brokenshire, the Home Office minister in charge of immigration.

Another group of people in the House of Lords that we should approach to speak on our behalf are the 26 bishops of the Church of England with seats in the House of Lords. They speak with authority and are heard respectfully on moral issues. Their contact details are in the link that I have posted and I am sure that a polite request for them to address this issue in the House of Lords would not be ignored.

Perhaps the person best placed in such a role is the Archbishop of York. Archbishop John Sentamu was a lawyer in the Supreme Court of Uganda, before fleeing from the regime of Idi Amin to the UK, where he has risen through the ranks of the Church of England to the second highest post in the Church. If he continues in this post at the time of the next Coronation, it will be his duty to crown Camilla as Queen.
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Re: Older dependent relatives

Postby avjones » Mon Feb 08, 2016 10:39 pm

You might well be right, Simon. It could be brought in on amendment. I'd bet a fiver against it myself, but it certainly could happen.
Amanda Jones

I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.
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Re: Older dependent relatives

Postby secret.simon » Sun Feb 28, 2016 2:52 am

Report stage of the Immigration Bill 2015 in the Lords is on 9th and 15th March. If anybody wants to lobby peers to vote for an amendment that makes it easier to allow older dependent parents to come to the UK, now is the time.

The members of the House of Lords who are members of the All-Party Parliamentary Group (APPG) on Migration may be best placed to speak on our behalfs in the Lords. It may be worth contacting them.

If you know members of the House of Lords in some other capacity (perhaps as a member of your local community or as chairman of the company you work for), it is worth writing to them requesting them to vote in favour of such amendment.

Baroness Deech, a crossbench (party-independent) member of the House of Lords, has written a guide on how to lobby members of the Lords. It is worth a read.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice. Being a Respected Guru does not mean I know more, it just means I can google better. Google knows it all.
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