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para 11.127, page 768, Immigration Law and Practice in the United Kingdom, Seventh edition, Ed Ian A Macdonald QC and Ronan Tool"Where the application comes post-entry from someone who entered as a visitor or a student, it may be sensible to enquire whether there has been a change of circumstances since entry, to deal with any allegation of deception on entry (ie, by failing to indicate an intention to remain as a dependant relative. [sic] But on such an application, the requirements of dependancy..........are to be applied by assessing the notional condition of the applicant if he or she were in the home country at the date of decision, rather than seeking actual dependency etc before arrival"
para 11.129, page 770, ibid."The dependency must be of necessicity, not of choice. In Zaman v Entry Clearance Officer, Lahore, an elderly Pakistani farmer and his wife applied to join their son in the UK. The father owned two farms and the income from these was given away to three sons who were still resident in that country, in accordance with custom. Nevertheless, the Tribunal held that they were not wholly or mainly dependent, since their dependence was not necessary.
para 4.38, page 212, ibid."An application for variation of leave may be refused if the person has failed to honour any declaration or undertaking given orally or in writing as to the intended duration and/or purpose of that person's stay. The situation arises most often when a family visitor decides to apply for leave to remain in the UK with the sponsoring family member, having said on arrival or at entry clearance interview that he or she would return home at the end of the visit.............So far as 'undertakings' are concerned Tribunal authorities under earlier rules held that the only undertakings which count are those which amount to false representations. In other words, a genuine change of circumstances since the 'undertaking' will not prevent an extension of leave. This appears to be the way the rule is interpreted by the Home Office in the IDI, which state that where there is good reason for the applicant's change of mind, such as unforseen circumstances, leave may be granted"
That looks encouraging.In other words, a genuine change of circumstances since the 'undertaking' will not prevent an extension of leave
Immigration Rules part 8 paragraph 317Parents, grandparents and other dependent relatives of persons present and settled in the United Kingdom
Requirements for indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom
317. The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:
(i) is related to a person present and settled in the United Kingdom in one of the following ways:
(a) mother or grandmother who is a widow aged 65 years or over; or
(b) father or grandfather who is a widower aged 65 years or over; or
(c) parents or grandparents travelling together of whom at least one is aged 65 or over; or
(d) a parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but cannot look to the spouse, civil partner or children of that second relationship for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or civil partner or child of the second relationship who would be admissible as a dependant; or
(e) parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; or
(f) the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; and
(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and
(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and
(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and
(v) has no other close relatives in his own country to whom he could turn for financial support; and
(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity
That says, to me at least, that she must be coming to live with you.can, and will, be accommodated adequately .... in accommodation which the sponsor owns or occupies exclusively
Evidence of financial support may be:
* payments from the sponsor necessary because the applicant is unable to finance himself/herself, possibly from a small pension;
* a house provided by the sponsor;
* rent from land or property owned by the sponsor and paid to the applicant.
This one is hard.I would still appreciate any ideas on making the fact of cash payments more believable.
Correct, but it also should not be one of convenience, that is why a history helps.The applicant's dependence at the point of making the application is what needs to be considered and you don't necessarily have to prove support over the last x months
While the failing health isn't good for mum it's good that it "trumps" the funds issue. This application is going to be tough but it's looking better by the dayThe failing health point would outweigh the funds available in India.
Forgive my ignorance but what is DL?They will get DL at least
Discretionary leavebototo wrote:Forgive my ignorance but what is DL?
NHS treatment is free at the point of entry, but it doesn't stop them passing you on to social services, where community care etc can be means tested and may need paying for.Frontier Mole wrote:I agree that NHS treatment is not counted as using public funds however many NHS Trusts are now direct billing non EEA residents if they do not have a long term visa or ILR / PR.
Those seem to be the only grounds mentioned in the letter. They do go on to say that they considered her under Article 8 but that because she was aware when she entered the UK that she would have to leave, they do not consider their refusal a breach of Article 8.In view of the fact that you have submitted evidence of finances of your own including a pension and savings, the Secretary of State is not satisfied that you are wholly or mainly financially dependent on your son in the United Kingdom