Illegal elderly woman desperately need help

I hope one of the experienced moderators would be able to help me with this immigration problem, to at least give me some pointers.

For five years now I've known a 67 years old lady in my church and she has become like a 'surrogate-mother' to me. She's is from my country Nigeria. She was brought to the UK just over 15 years ago as a domestic servant and she was badly treated and was being moved from one family to another to do all sorts of domestic chores and often worked long hours with little pay. After many years of abuse, she left the family that brought her to the UK. She has provided domestic help to many families but because of her precarious immigration status, they all seem to take advantage of her.

One day during church service, my wife went to use the toilet and found her collapsed on the toilet floor, she later told me that she has high blood pressure and takes medication for it, and sometimes she can feel dizzy and faint as a result.

When she made me aware of her immigration situation, I advised her that we would wait until she has completed 14 years in the UK and then we would put an application to the Home Office on the 14 years rule, but unluckily before she could complete 14 years in the UK, the 14 years concession was abolished.

She lost her husband very early in their marriage and she never remarried. She has only one son in Nigeria who is 40 years old. She has been in the UK for just over 15 years and has never left the country. She has not seen her son all these years!

I've a fair understanding of the immigration rule and I know that she would not qualify for leave to remain on the basis of the 20 years rule, she does not have a husband or child in the UK. Her only connection to the UK is the long period she has lived here and the right to private life. I am well aware that private life can be difficult to argue especially since July 2012 when the new rule came into force.

This 'mother' of mine has asked me today to take her to a lawyer in London (we both live in Berkshire) who had just been recommended to her and I would not want to see her taken advantage of by unscrupulous solicitors and I would appreciate any advice from experienced moderators before I take her to this solicitor next week.

I am married to a British citizen and has a teenage daughter who is also British. It took me 3 years to sort out my status with the Home Office costing me 5,000 pounds in legal fees. My thinking is that if it was that difficult for me even with my British wife/daughter, it would be extremely difficult for this elderly lady.

Please I would appreciate your thoughts/comments/advice on this.

Perhaps FLR(FP) if she can show no cultural or family ties to Nigeria. Alternatively, LOTR due to compassionate compelling circumstances. If she can provide evidence of domestic abuse and slavery (letter from GP?) then perhaps even ILR for the latter.

Amber_ wrote:Perhaps FLR(FP) if she can show no cultural or family ties to Nigeria. Alternatively, LOTR due to compassionate compelling circumstances. If she can provide evidence of domestic abuse and slavery (letter from GP?) then perhaps even ILR for the latter.

Thanks Amber for responding, I am very grateful.

As she has a son in Nigeria, would it not be difficult to show that she no longer has family/cultural ties to Nigeria? What sort of documentary proof should we be looking at providing? In terms of abuse and slavery, what proof are we looking at?

She should be able to provide GP letter to evidence her high blood pressure

I think with the son still in Nigeria - no ties will be ruled out.

So you'd be heading down a road of trying to prove compelling compassionate circumstances. High blood pressure won't count - plenty of people around the world suffer from that and treatment is well understood.

I think your best route is the domestic abuse/slavery - if in fact - that's what happened. Being on low pay isn't, in itself, a problem - unless it was post the introduction of the minimum wage and there were no accommodation being given. You'd need to file some police complaints and show the overall effect through medical references etc. However, if this all happened 15 years ago, the police might take a dim view of the complaint.

I think you're on a very long road here.

MPH80 wrote:I think with the son still in Nigeria - no ties will be ruled out.

So you'd be heading down a road of trying to prove compelling compassionate circumstances. High blood pressure won't count - plenty of people around the world suffer from that and treatment is well understood.

I think your best route is the domestic abuse/slavery - if in fact - that's what happened. Being on low pay isn't, in itself, a problem - unless it was post the introduction of the minimum wage and there were no accommodation being given. You'd need to file some police complaints and show the overall effect through medical references etc. However, if this all happened 15 years ago, the police might take a dim view of the complaint.

I think you're on a very long road here.

I knew this was going to be a drawn out battle with the Home Office. It's very painful to see an elderly woman in this situation, and to know that there's nothing I can do to help alleviate her emotional and psychological pain. My wife suggested that she returns home as she is advancing in age, but the country has changed so much since she was last there, above all, she does not have a penny against her name. It's dreadful.

My fear is to make an application which lacks prospect of success and then open her up for removal direction from the Home Office.

Allowing her to stay as an overstayer is perhaps, just increasing the risk of violence and abuse. Get the GP and a social worker and women's abuse charity to write supporting letters to say she's been abused/enslaved. Also contact Southall Black Sisters.

Amber_ wrote:Allowing her to stay as an overstayer is perhaps, just increasing the risk of violence and abuse. Get the GP and a social worker and women's abuse charity to write supporting letters to say she's been abused/enslaved. Also contact Southall Black Sisters.

Thanks again for your insightful comments, I would take all these onboard in deciding how to proceed.