Elderly Dependant - Settlement visa refused

mahjong · Post by **mahjong** » Wed Dec 21, 2005 7:09 pm

I am a british citizen. My mother who is 66 year old widow lives in India alone. She applied for settlement visa which was refused on the grounds that there wasn't satisfactory evidence to prove that she was financially dependant on me and also that my sister who lives in India cannot support my mother financially.

My sister is married and does not live or take care of my mother. My mother is not hard up financially but cannot live alone. How to get this across to the "entry clearance officer"; I am at loss.

I need answers for two questions;

1. What is the best course to take. Should I go to India and seek an interview at the high commission or appeal here?
2. The refusal date was 20/12/05. Can my mother apply for visitors visa now?

Your help and time is most appreciated.

Post by **John** » Wed Dec 21, 2005 7:30 pm

Hi, let's just have a look at para 317 of the Immigration Rules :-

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;

.....(other possibilities not relevant here have been deleted) ............

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.

Notice that each of those is joined by an "and". So it seems that is it suggested you are falling down on :-

(v) has no other close relatives in his own country to whom he could turn for financial support

But, based upon what you post, she does indeed have a close relative ... your sister. I recognise that this might appear to be a blunt question but .... why can't your mother move in with your sister?

Also (iii) is clearly a problem given, as you say "My mother is not hard up financially".

Unless you prove that it totally impossible I don't see how your mother can get a visa.

The visitor visa? That might be problematic. After all the ECO might think that your mother would not return at the end of the visa period. And you yourself have said that she cannot now live alone.

Sorry if this all sounds a bit harsh. But it is how I see the situation. Just because you are British does not give an automatic right for parent(s) to move to the UK.

mahjong · Post by **mahjong** » Wed Dec 21, 2005 7:52 pm

Thank you.
My sister is married and has her in-laws and family. In India the custom is such that parents are taken care of by sons and my brother-in-law who has his own to look after. So it is not just the money but an elderly parent needs looked after, taken care of. If it is financial support I could always set up a standing order or direct debit from here. I read that paragraph 317 and understand what you are trying to say; does this mean my mother can never visit me and enjoy the company of her grandchildren anymore?
Is there anything I can do to make this situation better?
Thank you once again for your help and time.
Seasons greetings.

Post by **John** » Wed Dec 21, 2005 10:41 pm

Please accept that I did not write the immigration rules and to my knowledge no other member of this Board did either. I am therefore just trying to assist you to understand what you are up against.

Given that ""My mother is not hard up financially", I am not following how it would help if you "set up a standing order or direct debit from here". I don't see how that would truly mean that your mother "is financially wholly or mainly dependent on the relative present and settled in the United Kingdom". But I do accept that the lack of such payment at the moment would not help passing that part of the test, so maybe on reflection setting up that SO or DD would certainly give a better picture. that is, lack of such payment at the moment can't be helping.

"In India the custom is such that parents are taken care of by sons". I am not sure the immigration rules will recognise that at all.

Visitor visa? Do accept that there needs to be a "reason to return". The problem as I see it is that, based upon the facts you mention, an ECO might conclude that there is insufficient "reason to return" to India. So I conclude you should start thinking about how your mother would show sufficient "reason to return".

MWazir · Post by **MWazir** » Wed Dec 21, 2005 11:50 pm

It might be useful for you to review a couple of topics by NDA and Dip. Both of them wanted their parents here as dependents. I remember from Dip's posts he went through a lot of trouble but eventually his mother's application was processed successfully. She was 54 years old at the time of the application and he had 3 siblings. However, I understand, her application was processed on compationate and exceptional grounds.

Maybe you could find something useful here.

http://www.immigrationboards.com/viewto ... ight=#1523

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Elderly Dependant - Settlement visa refused

Elderly Dependant - Settlement visa refused