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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator
Moreover, they may refuse your application in the UK under 322(7) because of 41(i) & (ii), unless there was a relevant change of circumstances.Elderly dependent relatives wrote:You must provide evidence that:
you depend wholly or mainly on your settled relative for money;
you (and any dependants you have) can and will be maintained and housed adequately, without needing public funds, in accommodation which your settled relative owns or occupies exclusively; and
you have no other close relatives in your own country who can support you financially.
If there are exceptional compassionate circumstances, the following relatives who meet the above requirements may be allowed to join as settled person here:
sons, daughters, sisters, brothers, uncles and aunts over the age of 18; and
parents and grandparents under the age of 65.
vinny wrote:In addition to Greenie's questions:
What were your grandparents' occupations when your mother was born?
What were your parents' occupations when you were born?
vinny wrote:Moreover, they may refuse your application in the UK under 322(7) because of 41(i) & (ii), unless there was a relevant change of circumstances.Elderly dependent relatives wrote:You must provide evidence that:
you depend wholly or mainly on your settled relative for money;
you (and any dependants you have) can and will be maintained and housed adequately, without needing public funds, in accommodation which your settled relative owns or occupies exclusively; and
you have no other close relatives in your own country who can support you financially.
If there are exceptional compassionate circumstances, the following relatives who meet the above requirements may be allowed to join as settled person here:
sons, daughters, sisters, brothers, uncles and aunts over the age of 18; and
parents and grandparents under the age of 65.
You should get a right of appeal if:vinny wrote:Try not to shout.
So, don't make the application too early nor too late.[url=http://www.legislation.gov.uk/ukpga/2002/41/section/82]82[/url](2) wrote:(d)refusal to vary a person’s leave to enter or remain in the United Kingdom if the result of the refusal is that the person has no leave to enter or remain
my mother was british at time of my birth,but my father was notdaddy wrote:Is your mother and father British citizens before you were born, if yes, you maybe entitle to British citizenship also.
Do not write in capital letters, people consider it as shouting.
When you answer questions, you will stand to get better advices.
vinny wrote:You should get a right of appeal if:vinny wrote:Try not to shout.
you make a valid application before your leave expires and there is aSo, don't make the application too early nor too late.[url=http://www.legislation.gov.uk/ukpga/2002/41/section/82]82[/url](2) wrote:(d)refusal to vary a person’s leave to enter or remain in the United Kingdom if the result of the refusal is that the person has no leave to enter or remain
Greenie wrote:It would be helpful if you answered the questions specifically
- What country was your mother born in
- What was your mother's occupation when you were born
In addition
- What is your nationality
- In which country were you born
If you give provide this information then people will be able to advise you on whether you qualify for British Citizenship or if there is another category you can apply under (e.g. UK Ancestry.)
No one can tell you whether to make the SET(F) application. This is a complicated category to apply under and I think you need legal advice from someone who will have the benefit of taking detailed information from you about your circumstances.
However I will say that it is not enough for you to be dependent on your mother. UKBA can say that she can send money to you abroad. You also need to show compelling and compassionate circumstances. Read the information in the links others have posted. this is a very difficult hurdle to overcome. How are your cirumstances compelling and compassionate (note living alone abraod is not enough to satisfy this)
In addition, read this document
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
It says that in cases such as yours:
"As the majority of such applications will be from
persons who are over the age of 18, but not necessarily old and frail, the
compassionate circumstances will need to be very strong. The circumstances
will have to be such that the applicant cannot function (either because of
illness or disability) without the help and support of friends or relatives and
that no such help or support is available to them in the country where they are
living."
Do you think that you meet these requirements?
You said your mother came here in 2008 and you came here two months ago? What have you been doing for the last 2-3 years and where have you been living?
If you do choose to apply bear in mind that if your application is refused and you are required to leave the UK you will find it very difficult to come back as a visitor in the future because UKBA will not be satisfied that you intend on returning home again.
Did your mum register your birth with british Embassy? If so, you would acquire your British Citizenship. Ask your mum about your birth registration and more about her immigration status in UK before she went to India and gave Birth to you, these info would help you not to make a mistake as per what type of application you need to makehingerajesh wrote:Greenie wrote:It would be helpful if you answered the questions specifically
- What country was your mother born in
- What was your mother's occupation when you were born
In addition
- What is your nationality
- In which country were you born
If you give provide this information then people will be able to advise you on whether you qualify for British Citizenship or if there is another category you can apply under (e.g. UK Ancestry.)
No one can tell you whether to make the SET(F) application. This is a complicated category to apply under and I think you need legal advice from someone who will have the benefit of taking detailed information from you about your circumstances.
However I will say that it is not enough for you to be dependent on your mother. UKBA can say that she can send money to you abroad. You also need to show compelling and compassionate circumstances. Read the information in the links others have posted. this is a very difficult hurdle to overcome. How are your cirumstances compelling and compassionate (note living alone abraod is not enough to satisfy this)
In addition, read this document
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
It says that in cases such as yours:
"As the majority of such applications will be from
persons who are over the age of 18, but not necessarily old and frail, the
compassionate circumstances will need to be very strong. The circumstances
will have to be such that the applicant cannot function (either because of
illness or disability) without the help and support of friends or relatives and
that no such help or support is available to them in the country where they are
living."
Do you think that you meet these requirements?
You said your mother came here in 2008 and you came here two months ago? What have you been doing for the last 2-3 years and where have you been living?
If you do choose to apply bear in mind that if your application is refused and you are required to leave the UK you will find it very difficult to come back as a visitor in the future because UKBA will not be satisfied that you intend on returning home again.
my mother was born in Uganda in1952.
her occupation at time of my birth was a job in india.. i was been supported in india by my father and mother we all hadhappy family.
as soon as my father died in 2004.. our families financial position was been droped.. at same time my mothers visa of staying india was expired .. it took three year to extend the visa legally and take exit permit from gov of india for my mother.. then my mom came alone to uk to her other family members and i was left behind alone..
let me tell you that i m physically little bit challenged, i have metal plates in my hip bones.. so its hard for me to walk long... and even from when mom have left me.. i m in a depression and have high and low blood pressure problems.. in this case there is not a single relative of mine who can take care of me or help me ,, i have to move to the doctor alone ther is no one for me i feel very alone in my home country... i hope you will give me a good advice,
and when my mother came to UK that time i was waiting for my appeal for the vistor visa so it took this long for me..
thank you
daddy wrote:Did your mum register your birth with british Embassy? If so, you would acquire your British Citizenship. Ask your mum about your birth registration and more about her immigration status in UK before she went to India and gave Birth to you, these info would help you not to make a mistake as per what type of application you need to makehingerajesh wrote:Greenie wrote:It would be helpful if you answered the questions specifically
- What country was your mother born in
- What was your mother's occupation when you were born
In addition
- What is your nationality
- In which country were you born
If you give provide this information then people will be able to advise you on whether you qualify for British Citizenship or if there is another category you can apply under (e.g. UK Ancestry.)
No one can tell you whether to make the SET(F) application. This is a complicated category to apply under and I think you need legal advice from someone who will have the benefit of taking detailed information from you about your circumstances.
However I will say that it is not enough for you to be dependent on your mother. UKBA can say that she can send money to you abroad. You also need to show compelling and compassionate circumstances. Read the information in the links others have posted. this is a very difficult hurdle to overcome. How are your cirumstances compelling and compassionate (note living alone abraod is not enough to satisfy this)
In addition, read this document
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
It says that in cases such as yours:
"As the majority of such applications will be from
persons who are over the age of 18, but not necessarily old and frail, the
compassionate circumstances will need to be very strong. The circumstances
will have to be such that the applicant cannot function (either because of
illness or disability) without the help and support of friends or relatives and
that no such help or support is available to them in the country where they are
living."
Do you think that you meet these requirements?
You said your mother came here in 2008 and you came here two months ago? What have you been doing for the last 2-3 years and where have you been living?
If you do choose to apply bear in mind that if your application is refused and you are required to leave the UK you will find it very difficult to come back as a visitor in the future because UKBA will not be satisfied that you intend on returning home again.
my mother was born in Uganda in1952.
her occupation at time of my birth was a job in india.. i was been supported in india by my father and mother we all hadhappy family.
as soon as my father died in 2004.. our families financial position was been droped.. at same time my mothers visa of staying india was expired .. it took three year to extend the visa legally and take exit permit from gov of india for my mother.. then my mom came alone to uk to her other family members and i was left behind alone..
let me tell you that i m physically little bit challenged, i have metal plates in my hip bones.. so its hard for me to walk long... and even from when mom have left me.. i m in a depression and have high and low blood pressure problems.. in this case there is not a single relative of mine who can take care of me or help me ,, i have to move to the doctor alone ther is no one for me i feel very alone in my home country... i hope you will give me a good advice,
and when my mother came to UK that time i was waiting for my appeal for the vistor visa so it took this long for me..
thank you
hingerajesh wrote:daddy wrote:Did your mum register your birth with british Embassy? If so, you would acquire your British Citizenship. Ask your mum about your birth registration and more about her immigration status in UK before she went to India and gave Birth to you, these info would help you not to make a mistake as per what type of application you need to makehingerajesh wrote:Greenie wrote:It would be helpful if you answered the questions specifically
- What country was your mother born in
- What was your mother's occupation when you were born
In addition
- What is your nationality
- In which country were you born
If you give provide this information then people will be able to advise you on whether you qualify for British Citizenship or if there is another category you can apply under (e.g. UK Ancestry.)
No one can tell you whether to make the SET(F) application. This is a complicated category to apply under and I think you need legal advice from someone who will have the benefit of taking detailed information from you about your circumstances.
However I will say that it is not enough for you to be dependent on your mother. UKBA can say that she can send money to you abroad. You also need to show compelling and compassionate circumstances. Read the information in the links others have posted. this is a very difficult hurdle to overcome. How are your cirumstances compelling and compassionate (note living alone abraod is not enough to satisfy this)
In addition, read this document
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
It says that in cases such as yours:
"As the majority of such applications will be from
persons who are over the age of 18, but not necessarily old and frail, the
compassionate circumstances will need to be very strong. The circumstances
will have to be such that the applicant cannot function (either because of
illness or disability) without the help and support of friends or relatives and
that no such help or support is available to them in the country where they are
living."
Do you think that you meet these requirements?
You said your mother came here in 2008 and you came here two months ago? What have you been doing for the last 2-3 years and where have you been living?
If you do choose to apply bear in mind that if your application is refused and you are required to leave the UK you will find it very difficult to come back as a visitor in the future because UKBA will not be satisfied that you intend on returning home again.
my mother was born in Uganda in1952.
her occupation at time of my birth was a job in india.. i was been supported in india by my father and mother we all hadhappy family.
as soon as my father died in 2004.. our families financial position was been droped.. at same time my mothers visa of staying india was expired .. it took three year to extend the visa legally and take exit permit from gov of india for my mother.. then my mom came alone to uk to her other family members and i was left behind alone..
let me tell you that i m physically little bit challenged, i have metal plates in my hip bones.. so its hard for me to walk long... and even from when mom have left me.. i m in a depression and have high and low blood pressure problems.. in this case there is not a single relative of mine who can take care of me or help me ,, i have to move to the doctor alone ther is no one for me i feel very alone in my home country... i hope you will give me a good advice,
and when my mother came to UK that time i was waiting for my appeal for the vistor visa so it took this long for me..
thank you
she was british overseas citizen at that time.. and she had not registered my birth with british embassy..
greenie please help me out in this problemmm i dont wanna leave this country...
Greenie wrote:your case is very complicated and therefore it is difficult for anyone to give you accurate advice on this forum about your various options. It is still not clear whether you have an entitlement to British Citizenship or UK Ancestry because you have not really properly answered the questions you have been asked.
Your case requires detailed scrutiny of the evidence and your circumstances amd discussion with you about your various options.
I do again strongly suggest that you seek professional legal advice from a qualified immigration solicitor. You may be entitled to free legal help (legal aid) if you are on a low income.
http://www.lawsociety.org.uk/choosingan ... icitor.law
You can use this to search for a solciitor by area of law and location. You can also see if they offer legal aid.
Alternatively seek advice from an immigraiton adviser regulated by the OISC
http://www.oisc.gov.uk/people_seeking_i ... er_finder/
hingerajesh wrote:Greenie wrote:your case is very complicated and therefore it is difficult for anyone to give you accurate advice on this forum about your various options. It is still not clear whether you have an entitlement to British Citizenship or UK Ancestry because you have not really properly answered the questions you have been asked.
Your case requires detailed scrutiny of the evidence and your circumstances amd discussion with you about your various options.
I do again strongly suggest that you seek professional legal advice from a qualified immigration solicitor. You may be entitled to free legal help (legal aid) if you are on a low income.
http://www.lawsociety.org.uk/choosingan ... icitor.law
You can use this to search for a solciitor by area of law and location. You can also see if they offer legal aid.
Alternatively seek advice from an immigraiton adviser regulated by the OISC
http://www.oisc.gov.uk/people_seeking_i ... er_finder/
Thank you...!!!!
yes thats correct vinny...vinny wrote:Medical problems may not be sufficient.
I would say that this case is more about breach of Article 3 rights due to lack of medical treatment so it not directly comparable to the OP's situation as it doesn't appear that the respondent in the case referred to applied under para 317 rather he made an application for leave outside th rules on compassionate/medical grounds arguing breach of Article 3/8vinny wrote:Medical problems may not be sufficient.