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Complications involved in Mother's Visa

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khanz
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Complications involved in Mother's Visa

Post by khanz » Tue Feb 17, 2009 8:12 am

Hi guys,

I came to UK on HSMP visa in March 2007. In July 2007, my mother applied for 6 months visit visa in Islamabad embassy. She is widow. I was quite hopeful about her visa mainly because of her age as she is 63 now. But the embassy refused her visa stating the following:

1. No financial evidence is attached though it’s not necessary. (I had attached my statements)
2. As the whole family is settled abroad, there is very less chances of her coming back to Pakistan.

I don’t know why the visa officer thought like that, while my elder brother was living in the same city with his family. My two sisters with their families are living in the same city. My third sister was living abroad those days but now she has also gone back to Pakistan after the completion of her husband’s official foreign course.
The embassy gave a right for appeal, but I didn't go for that because people told me that it can take a very long time to get a decision.

Now, I want to apply her visa again to visit me in May this year.

I have following questions in my mind at this point:

1. What type of visa my mother should apply: visit or dependent visa as she is widow and financially dependent on me.
2. Should we go for dependent visa straight away, or should apply a visitor's visa for 6 months and next time for 2 years? Then later on, we can apply for dependent visa when she would be 65.
3. Which of the above options would have more chances to get the visa?

It’s worth mentioning that I visited Pakistan in October last year and January this year for three weeks each time.

I would be really grateful for your help. Sorry for a long mail but it was necessary to explain the whole thing once.

Thanks,
Zahid
Last edited by khanz on Tue Feb 17, 2009 4:51 pm, edited 1 time in total.

RiFF
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Post by RiFF » Tue Feb 17, 2009 10:20 am

Its a tricky situation. How will you be able to prove that she is dependent on you with your brother abd sisters living in the same city as her?

Can you prove money sent to her since she is dependent on you for a considerable period of time?
Skeptic

khanz
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Post by khanz » Tue Feb 17, 2009 12:29 pm

I had been sending money to her until few months ago. But in the last few months, when I visited there, I handed over reasonable money to her for day to day expenses.
I agree with you that it would be difficult to prove her sole dependent on me in the presence of other son and daughters in the same city. But none of them is living with her so nobody is there to provide her instant help.

Anyway, I would like to go for the option which would have more success chances - either visitor's or dependent.

khanz
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Post by khanz » Tue Feb 17, 2009 10:10 pm

Hi Gurus,

I am waiting for your advice that which visa type we should go for? and how much would be the chances to win?

Thanks

RiFF
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Post by RiFF » Wed Feb 18, 2009 9:57 am

khanz wrote:Hi Gurus,

I am waiting for your advice that which visa type we should go for? and how much would be the chances to win?

Thanks
Visitor - 75%
Dependent - 20%
Skeptic

khanz
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Post by khanz » Wed Feb 18, 2009 1:03 pm

Then, I will definitely prefer to apply a Visistor's visa for her. But would my recent visits to Pakistan affect the case? Secondly, how can we assure the visa officer that she would be going back to Pakistan before her visa expiry?

jei2
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Post by jei2 » Wed Feb 18, 2009 11:56 pm

khanz wrote:
I agree with you that it would be difficult to prove her sole dependent on me in the presence of other son and daughters in the same city. But none of them is living with her so nobody is there to provide her instant help.
But they're a whole lot closer.

You're in a bit of a catch-22 situation; if you want a visitor's visa you need to show that she has good reason to return. But if that's highlighted in the form of her relatives there, that will cobble any chances of a dependent visa.

Whatever you decide to do, if applying again try to address all the points raised in the previous letter of refusal.
Oh, the drama...!

RiFF
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Post by RiFF » Thu Feb 19, 2009 9:55 am

khanz wrote:Then, I will definitely prefer to apply a Visistor's visa for her. But would my recent visits to Pakistan affect the case? Secondly, how can we assure the visa officer that she would be going back to Pakistan before her visa expiry?
First of all, applying for one type of visa will destroy total chances of the other, so if you are clear in your mind about going for the Visitor visa, then forget about the dependant one.

Secondly, Apart from you, her family is back there, which is a strong point in itself for her to return. Also, if there is property in her name, like the house she is living in, that constitutes a good proof. I would also suggest, from her passport, to show travel habits previously and the point that she has returned to pakistan everytime she has travelled.
Skeptic

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Post by PaperPusher » Thu Feb 19, 2009 8:16 pm

If you are not settled in the UK, it will be incredibly difficult to get your mother to be your dependant. She is under 65, and she has other close relatives in Pakistan.

Vistor's visa seems the best option unless her situation is so out of the ordinary you would consider getting specialist advice.

How long have you been in the UK, were you here before you came on HSMP?

batleykhan
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Post by batleykhan » Thu Feb 19, 2009 10:32 pm

Just to throw a spanner in the brickwork, what are the chances of getting a visitors visa, particularly if the only person that she is going to come to see her son, whom she only met 3 weeks ago in Pakistan?.

I thought family visitors visas are for people who have not seen family members for sometime and would like to viist them in the UK

bototo
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Post by bototo » Thu Feb 19, 2009 10:54 pm

The fact that you went recently to Pakistan doesn't impact on the application. You went there to spend time with her but work commitments mean you have limited leave and you realised that if she comes here instead she can stay for up to six months. That's normal.

khanz
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Post by khanz » Fri Feb 20, 2009 8:16 am

Sorry guys for late reply, my broadband stopped working last night.
PaperPusher wrote:If you are not settled in the UK, it will be incredibly difficult to get your mother to be your dependant. She is under 65, and she has other close relatives in Pakistan.

Vistor's visa seems the best option unless her situation is so out of the ordinary you would consider getting specialist advice.

How long have you been in the UK, were you here before you came on HSMP?
I came to UK on HSMP visa in March 2007.

Guys, how does this sound if she applies for visitor's visa for six months now and visits me for almost four months and returns to Pakistan well before visa expiry. Then she applies again in December this year for 6 months or more? And after two years, when she would be 65, we can apply for her dependent visa on the basis of the following facts:

1. age which would be 65 by that time.
2. widow
3. health (as she is a diabetic and blood pressure patient)
4. elder son is married and living away separately.
5. all three daughters are married and can't live with her.
6. nobody is there with her to provide her immediate help.

Please comment.
Thanks,
Zahid

RiFF
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Post by RiFF » Fri Feb 20, 2009 9:57 am

I think you have good chances of getting a visitor visa, so put your head down and focus on that application only for the time being. Too many applications are rejected just because of inadequate research and planning.
Skeptic

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Post by PaperPusher » Fri Feb 20, 2009 11:19 am

khanz
Parents, 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:.........
http://www.ukba.homeoffice.gov.uk/polic ... sandother/

You are not settled in the UK, so that part of the immigration rules does not apply to you.

Regards

khanz
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Post by khanz » Fri Feb 20, 2009 11:41 am

PaperPusher wrote: You are not settled in the UK, so that part of the immigration rules does not apply to you.
Would you please explain about it? What is the definition of settled in UK?

Thanks.

PaperPusher
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Post by PaperPusher » Fri Feb 20, 2009 11:54 am

In your case, you must have ILR. You are here on HSMP.

khanz
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Post by khanz » Fri Feb 20, 2009 12:24 pm

Oh I see. I still have three years to go to get ILR. So, the Visitor's visa seems to be the only option?

Ok, then can you guys guide me about the docs required for visitor's visa to make it a strong case?
I plan to attach the following documents:

1. Sponsorship letter from me taking responsibility of all the expenses for her visit to uk.
2. Copy of my passport.
3. My bank statement for last three months.
4. My last three payslips.
5. My job letter showing that I am a permanent employee.
6. Rent Agreement.
7. Letter of reference from my landlord.

Should we attach any of the following to assure the ECO that my mother would be returning to Pakistan:

1. Letter from my brother and/or sisters.
2. Mother's pictures with her daughters, son, grandsons and grand daughters.
3. Sponsorship letter from my cousin (my mother's nephew) inviting his aunty to visit him and his family in London.

Please feel free to advise me about adding or deleting anything in the above list.
Thanks

khanz
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Post by khanz » Sat Feb 21, 2009 11:42 pm

Any suggestions/comments???

PaperPusher
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Post by PaperPusher » Sat Feb 21, 2009 11:53 pm

It is a bit hard for me to comment, on the one hand you have given lots of reasons why she cannot stay in Pakistan, and now you want help showing she will return after a holiday.

Maybe others will help.

khanz
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Post by khanz » Sun Feb 22, 2009 12:16 am

PaperPusher wrote:It is a bit hard for me to comment, on the one hand you have given lots of reasons why she cannot stay in Pakistan, and now you want help showing she will return after a holiday.

Maybe others will help.
As you said in your earlier reply that I need ILR status for inviting her as dependent, so, I am left with only visitor's visa option because I am still on HSMP. I would be happy even if she gets visit visa because she would be able to stay here for few months and then after couple of months, she can apply again for longer period.
According to the discussions in this thread, I understand that the chances of visitor's visa are brighter than the dependent visa. That's why I need you guys to help me to prepare a list of documents I should arrange.

Thanks.

PaperPusher
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Post by PaperPusher » Sun Feb 22, 2009 12:55 am

I would be happy even if she gets visit visa because she would be able to stay here for few months and then after couple of months, she can apply again for longer period.
A visitor's visa is for six months maximum at a time. If the IO thinks someone is using visitor's visas to live in the UK they could refuse to let them in to the UK.

khanz
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Post by khanz » Sun Feb 22, 2009 6:53 pm

Ok, but how to get the first visa? I need a list of documents to attach.

bototo
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Post by bototo » Sun Feb 22, 2009 9:44 pm

Should we attach any of the following to assure the ECO that my mother would be returning to Pakistan:

1. Letter from my brother and/or sisters.
2. Mother's pictures with her daughters, son, grandsons and grand daughters.
3. Sponsorship letter from my cousin (my mother's nephew) inviting his aunty to visit him and his family in London.
I can't see how those "assure the ECO" of anything. You think a sponsorship letter somehow convinces the ECO that she will return? If that's the case then anybody in the world can get a visa.

Land and property back there, close ties with family back home - with evidence (letters aren't evidence), a good job, large deposits in the bank, minor children etc may be more believable pulls.

khanz
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Post by khanz » Sun Feb 22, 2009 10:11 pm

bototo wrote: Land and property back there, close ties with family back home - with evidence (letters aren't evidence), a good job, large deposits in the bank, minor children etc may be more believable pulls.
She does not have any bank account or other property in her name. All her children are married. What to do now? Please suggest some solution.

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Post by Wanderer » Sun Feb 22, 2009 11:34 pm

khanz wrote:
bototo wrote: Land and property back there, close ties with family back home - with evidence (letters aren't evidence), a good job, large deposits in the bank, minor children etc may be more believable pulls.
She does not have any bank account or other property in her name. All her children are married. What to do now? Please suggest some solution.
Sometimes there isn't one.
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