Help - Elderly Parents' Application For Settlement Refused

[gseekl]

I am desperately looking for any help/advice anyone can provide about a refusal by Home Office of application made by my parents for settlement.

The basic facts are as below:

- I am a UK citizen
- Both my parents are over 65 years of age
- For the past few years, I have sent money regulary to my parents to support them financially. I have kept all the money transfer letters from the bank
- They both have a small pension, but no enough for them to have a reasonable standard of living
- I have a brother in my country of orgin, but my parents have never received any financial support from him, because he is in a precarious financial situation himself, and his wife is pregnant, so my parents are not expecting him to be able to help them in anyway.
- My fathre is suffering from a disease which need regular treatment and follow up.

The refusal letter states:

"The Secretary of State is not satisfied that you would be living alone in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom and not satisfied that you are financially wholly or mainly dependent on your son in the United Kingdom - and since you have another son in China the Secretary of State is not satisfied that you have no other relatives in your own country to whom you could turn for financial support."

The letter goes on to say that "You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here".

This refusal has caused considerable sadness and disappointment for the whole family. I am particuarly angry at the lack of concrete explanation by the Home Office:

- The refusal letter states that my parents "wouldn't be living alone in the most exceptional compassionate circumstances". However, my understanding of the Immigration Rule is that they do not have to satisfy this requirement as they are both over 65;
- We included in the application all the money transfer letters which clearly shows that the money that I send them are far more than what they get from their pensions, but the Home Office still says that they are not satisfied that my parents are financially wholly or mainly dependent on your son in the United Kingdom;
- Yes, my parents do have another son in China, but we have stated clearly in the application form that my brother has been between jobs ever since he finished college, and has never given any financial support to my parents. He owns no property and lives with his wife in his mother-in-law's flat.

As we are not given the right of appeal, I am desparately trying to find a way to challenge the Home Office's callous rejection. My parents are both old and frail, and with no relative living close by, they are getting extremely lonely and isolated. I have always hoped that they could live here with me so that I can look after them in the last few years of their lives.

My questions are:

- With no right of appeal, what options do I have?
- Is it worth to write to the Home Office for a reconsideration of the case?
- How about Judicial Review?

I would be extremely grateful if anyone can help me.

[Wanderer]

Why not move back to China and look after them? Really, I don't understand this foreign view that you relocate, then petition to bring the family over too? UK doen't really have a family reunion visa, so why can you to continue to suport them as you laudably do?

Sorr for being contentious but I know the last thing my partners parents would wont would be to be dragged halfway round the world to a strange country not speaing the language or knowing anyone.

[mochyn]

Why not move back to China and look after them? Really, I don't understand this foreign view that you relocate, then petition to bring the family over too? UK doen't really have a family reunion visa, so why can you to continue to suport them as you laudably do?

Sorr for being contentious but I know the last thing my partners parents would wont would be to be dragged halfway round the world to a strange country not speaing the language or knowing anyone.

One of the saddest memories I have is visiting my grandmother a few years after her eldest daughter took her to live with her hundreds of miles from where she had lived her whole life after my grandfather died.
She was totally disorientated, her freedom was curtailed, she went nowhere without her daughter.The house was not the one she had lived in for many years with her husband.All she talked about was her husband and wished to join him in Heaven as soon as possible.
I understood my Aunt's decision to relocate her but I have always felt it was the wrong decision.
She used to look forward to her bingo nights, getting ''dolled up'' going along to the Bingo Hall meeting a few friends, having a little drink.
Things that many people may dismiss as being unimportant but it kept her spirits up.When she moved, her spirit died, physically she may have moved but her heart did not

[Wanderer]

Why not move back to China and look after them? Really, I don't understand this foreign view that you relocate, then petition to bring the family over too? UK doen't really have a family reunion visa, so why can you to continue to suport them as you laudably do?

Sorr for being contentious but I know the last thing my partners parents would wont would be to be dragged halfway round the world to a strange country not speaing the language or knowing anyone.

One of the saddest memories I have is visiting my grandmother a few years after her eldest daughter took her to live with her hundreds of miles from where she had lived her whole life after my grandfather died.
She was totally disorientated, her freedom was curtailed, she went nowhere without her daughter.The house was not the one she had lived in for many years with her husband.All she talked about was her husband and wished to join him in Heaven as soon as possible.
I understood my Aunt's decision to relocate her but I have always felt it was the wrong decision.
She used to look forward to her bingo nights, getting ''dolled up'' going along to the Bingo Hall meeting a few friends, having a little drink.
Things that many people may dismiss as being unimportant but it kept her spirits up.When she moved, her spirit died, physically she may have moved but her heart did not

Yeah, we've discussed it at home, re my partners parents. Basically there's no way they'd even entertain it, the language, culture and everything really is foreign to them, and they not entertain it. Plus their pride won't let them, they prefer to struggle on!

[mochyn]

My thoughts are what would they do all day long?
Just wait for someone to come and talk to them.
No tv, no newspapers, no friends dropping by.
Can't go shopping.
It's a miserable existence and not life as we know it

[vito0514]

See Older dependent relatives

I am desperately looking for any help/advice anyone can provide about a refusal by Home Office of application made by my parents for settlement.

The basic facts are as below:

- I am a UK citizen
- Both my parents are over 65 years of age
- For the past few years, I have sent money regulary to my parents to support them financially. I have kept all the money transfer letters from the bank
- They both have a small pension, but no enough for them to have a reasonable standard of living
- I have a brother in my country of orgin, but my parents have never received any financial support from him, because he is in a precarious financial situation himself, and his wife is pregnant, so my parents are not expecting him to be able to help them in anyway.
- My fathre is suffering from a disease which need regular treatment and follow up.

The refusal letter states:

"The Secretary of State is not satisfied that you would be living alone in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom and not satisfied that you are financially wholly or mainly dependent on your son in the United Kingdom - and since you have another son in China the Secretary of State is not satisfied that you have no other relatives in your own country to whom you could turn for financial support."

The letter goes on to say that "You are not entitled to appeal this decision. Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where an applicant still has leave to enter or remain in the United Kingdom and so is entitled to stay here".

This refusal has caused considerable sadness and disappointment for the whole family. I am particuarly angry at the lack of concrete explanation by the Home Office:

- The refusal letter states that my parents "wouldn't be living alone in the most exceptional compassionate circumstances". However, my understanding of the Immigration Rule is that they do not have to satisfy this requirement as they are both over 65;
- We included in the application all the money transfer letters which clearly shows that the money that I send them are far more than what they get from their pensions, but the Home Office still says that they are not satisfied that my parents are financially wholly or mainly dependent on your son in the United Kingdom;
- Yes, my parents do have another son in China, but we have stated clearly in the application form that my brother has been between jobs ever since he finished college, and has never given any financial support to my parents. He owns no property and lives with his wife in his mother-in-law's flat.

As we are not given the right of appeal, I am desparately trying to find a way to challenge the Home Office's callous rejection. My parents are both old and frail, and with no relative living close by, they are getting extremely lonely and isolated.

[gseekl]

Thanks very much for everyone's opinions, especially to vito0514.

I just would like to point out that every parent's situation is different. I can understand the situations where an elderly person is derooted, and as a result becomes even more miserable and isolated than they were. However, my parents' situation are complete the opposite. Also just to remind people that for some elderly people, being close to their children are far more important than being close to friends, being able to understand TV or read newspapers. Their children are the only thing they cling to emotionally at their age.

With regards to the suggestion that I should move back to China rather than trying to bring my parents here, I agree that is a valid option. However, the purpose of my message is to seek help about a specific rejection, in a forum which is dedicated to immigration issues, and not to discuss options of life in general (i.e., where should I be). This forum is for immigrants (or potential ones) to seek help. They are a very vulnerable group of the society and for many, this forum is their own source of help and advice. There are plenty of other forums where people can discuss the rights and wrongs of immigration for the British society, or to wage a crusade against immigrants, but I hope this forum doesn't become one.

Also, just to remind people that ILR for an elderly parent doesn't come with entitlement to any government benefits. I the sponsor undertook to support them financially. It is really for an elderly parent to be close to the ones they love and who can look after them at their old age, and not a backdoor to benefits. I do hope everyone can see that.

[Obie]

OP i strongly suggest you should seek a Judicial review if the Secretary of State insist that your parents Over 65 should be living under the most exceptional of circumstance, in order to qualify, and are insisting they are not allowed any appeal right.

The Rules are crystall clear on which categories of people has to meet the most exceptional of circumstance in order to qualify.

[gseekl]

Thanks Obie.

I heard that a JR is expensive and time consuming, and was looking for a quicker solution. Someone mentioned a request to HO to reconsider the case, but not sure if that is an effective tool to use.

Does anyone have any experiences in reconsideration?

Also, I am not sure if it is legal for HO to refuse the right to appeal. I heard that for family members' applications, a rejection would always come with a right of appeal.

OP i strongly suggest you should seek a Judicial review if the Secretary of State insist that your parents Over 65 should be living under the most exceptional of circumstance, in order to qualify, and are insisting they are not allowed any appeal right.

The Rules are crystall clear on which categories of people has to meet the most exceptional of circumstance in order to qualify.

[Obie]

Judicial review is supposed to be the last resort. However, sending them a Pre-Action Protocol , which states your intention to proceed with a JR , can lead to to reconsider their action and make the right decision, or award you the right of appeal.

You can by all means write a letter urging them to reconsider their decision, and notify them that failure to do so, will result in you filling a JR against them.

This will probably shaken them up and induce them to do things lawfully.

[gseekl]

Hi Obie

Many thanks. Home Office basically gave 3 reasons for their refusal:

1. That my parents are not living in the most exceptional compassionate circumstances;

2. That they are not financially wholly or mainly dependent on me;

3. That they could turn to their other son for help.

I understand the first reason is probably a misapplication of the rules, which can then be challendged via JR.

But reasons 2 and 3 - Will a JR help on those as well?

Also, if we request a reconsideration, what will their immigration status be while the Home Office is reconsidering the case? They current visa runs out in late May.

Judicial review is supposed to be the last resort. However, sending them a Pre-Action Protocol , which states your intention to proceed with a JR , can lead to to reconsider their action and make the right decision, or award you the right of appeal.

You can by all means write a letter urging them to reconsider their decision, and notify them that failure to do so, will result in you filling a JR against them.

This will probably shaken them up and induce them to do things lawfully.

[Obie]

Please note that the Judicial Review process is in place to assess the lawfulness of a decision and not to change a wrong decision for a right one, or assess the merit of a decision.

Basically it will access whether the UKBA was right to refuse you the right of appeal, which i think it will find in your favour, and the lawfullness of the decision, which i am confident it will pronounce as unlawful.

To stand a good chance of success, you will definitely need to provide evidence that your brother is unable to support or provide for your parent's financial needs,
and that he is not in a position of being turned to, should the need arise for you parents to do so.

All of these issue must be dealt with in an appeal setting, and the failure of the HO to do so, appears unlawfully on the face of it.

Perhaps you should consider seeking legal advice, if you cannot file in a Judicial Review claim yourself.

In regards to their visa, what visa are they currently on, and are they based in the UK at present.

The UKBA's policy is usually that, if you are refused a Human right claims, like the one in your case, you don't necessarily have a right to appeal, until they decide to remove you, then you will be able to appeal, which seems utterly unreasonable, and illogical.

[gseekl]

Thank you so much Obie. You are so knowledgeable!

They are currently in the UK on a family visit visa.

If I do seek legal assistance on the JR route, do you know of any reputable firms of solicitors with experience in this?

Please note that the Judicial Review process is in place to assess the lawfulness of a decision and not to change a wrong decision for a right one, or assess the merit of a decision.

Basically it will access whether the UKBA was right to refuse you the right of appeal, which i think it will find in your favour, and the lawfullness of the decision, which i am confident it will pronounce as unlawful.

To stand a good chance of success, you will definitely need to provide evidence that your brother is unable to support or provide for your parent's financial needs,
and that he is not in a position of being turned to, should the need arise for you parents to do so.

All of these issue must be dealt with in an appeal setting, and the failure of the HO to do so, appears unlawfully on the face of it.

Perhaps you should consider seeking legal advice, if you cannot file in a Judicial Review claim yourself.

In regards to their visa, what visa are they currently on, and are they based in the UK at present.

The UKBA's policy is usually that, if you are refused a Human right claims, like the one in your case, you don't necessarily have a right to appeal, until they decide to remove you, then you will be able to appeal, which seems utterly unreasonable, and illogical.

[Obie]

There is This Firm which i have heard lots of positive feedback about.

I see, so they are in the UK at present. The UKBA tends to frustrate in country applications in these circumstances.

Request a reconsideration, and make it clear that this is a Pre-Action Protocol and you shall be proceeding with a judicial review.

Best wishes .

[gseekl]

Thank you so much Obie... I am most grateful for your advice in what to me a very difficult and sad time....

There is This Firm which i have heard lots of positive feedback about.

I see, so they are in the UK at present. The UKBA tends to frustrate in country applications in these circumstances.

Request a reconsideration, and make it clear that this is a Pre-Action Protocol and you shall be proceeding with a judicial review.

Best wishes .

[mochyn]

In my opinion your application has no chance.
Your parents have a small pension which may or may not be sufficient for them to survive in China.You have a brother in China who may be able to help them financially in the future.
You yourself left your parents to come to the UK to study 9 years ago so they could not have been so dependant on you as you state. After studying you decided to remain in this country instead of returning to work and live in China thus taking care of your parents there.
You state that your father needs medical treatment and if he cannot communicate in English there may be a problem.
Maybe some other person can tell you whether your father will be able to access medical help for free or you will have to pay for all medical fees.Depending on his medical status this may be another reason for the HO to refuse the application.
Rules are due to change in 2011 and it well may be that visas for dependants are tightened up due to the effect immigration is having on essential services.

[Obie]

So long as there is a Law, it has to be complied with, and i am sure the OP meets the requirements, in anycase, it is up to a Judge to decide, not me, you or anyone else on this forum.

I don't think the UK is full up yet. Then again if you think it is, you can lobby the government to put a law, saying no one is welcomed.

I think you will find more support for these view from stormfront, than you will from this forum.

That is my profoundly honest opinion.

[gseekl]

You yourself left your parents to come to the UK to study 9 years ago ... After studying you decided to remain in this country

Is that an educated guess of my life story?

[mochyn]

http://www.immigrationboards.com/viewto ... ht=#132290


Well this was your little rant about how bad this country was and how you would never recommend ANYBODY coming here to live in the UK but yet you want your parents to come here

[gseekl]

It almost feels like a CCTV has been watching over me all along when you brought back an old post of mine. Thanks for taking the interest though.

I still stand by everything I said in that old post. However, my life situation has changed since then (almost 3 years ago). I now have a partner so am stuck here for the time being.

http://www.immigrationboards.com/viewto ... ht=#132290


Well this was your little rant about how bad this country was and how you would never recommend ANYBODY coming here to live in the UK but yet you want your parents to come here

[gseekl]

Obie, I got in touch with the firm you recommended, but they are fully booked for the time being and are not taking on any new cases until end of May. Are there any other firms you can recommend? Many thanks.

There is This Firm which i have heard lots of positive feedback about.

I see, so they are in the UK at present. The UKBA tends to frustrate in country applications in these circumstances.

Request a reconsideration, and make it clear that this is a Pre-Action Protocol and you shall be proceeding with a judicial review.

Best wishes .

[Obie]

This is another firm which appears to be very good.

[gseekl]

This is another firm which appears to be very good.

Hi Obie, many thanks for your information.

After speaking to a solicitor, I have decided not to pursue this. I was told if I reapply, the chance of success would be 50:50. Main points against my parents are they have a small pension, and also the fact that my brother is in China. Reapplying means paying the new fees plus solicitors fee, and it would make no economic sense. The money is better spent to continue to support my parents when they go back.

Many thanks for everyone's help.

[hmm]

If you are desperate to bring them over permanently then perhaps they can apply for a settlement visa from China when they go back.

[gseekl]

If you are desperate to bring them over permanently then perhaps they can apply for a settlement visa from China when they go back.

That is actually what I am considering....

If applying from China, it is possible to use a UK-based solicitor as representative?

Also, if the application is made in China and failed, does it always come with right of appeal?