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Settlement Visa for Father

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mansoor8
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Settlement Visa for Father

Post by mansoor8 » Mon Jul 05, 2010 4:09 pm

Hello Folks

I intend to apply for a settlement visa for my father who is currently living in Dubai. He is a widower and will be 65 in January 2011. I am aware that the chances are greater once he has reached the age of 65. However, he has just lost his job and I am inclined to apply sooner rather than later. For those who are familiar with the Middle East will know that one cannot stay in Dubai for good and if they are not in any type of employment.

He has a Pakistan passport but has not lived there since the last 30 years or so. He has siblings there too but there aren’t any ties with them and they are certainly not in a position to support him.

I applied in the past but the application was rejected due to the fact that he had a job, some savings and was just over 60 years of age.

Given the above, and the change in circumstance, I would like to know what are the chances of attaining a successful outcome of the settlement visa.

Thanks in anticipation

djb123
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Post by djb123 » Tue Jul 06, 2010 5:49 am

As he is still under 65 and as he's been working until now so not mainly financially dependent on you, I would suspect it is highly unlikely that he would be granted a visa.

mansoor8
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Post by mansoor8 » Tue Jul 06, 2010 4:10 pm

djb123,

Thanks for your reply. Would it be better to wait for until he is 65 ?

djb123
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Post by djb123 » Tue Jul 06, 2010 4:24 pm

mansoor8 wrote:djb123,

Thanks for your reply. Would it be better to wait for until he is 65 ?
To apply under the age of 65 he would have to be "living alone outside the United Kingdom in the most exceptional compassionate circumstances", so definately best to wait until he is 65. But does he/you meet the other criteria? In particular the financial one?

(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

Wanderer
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Post by Wanderer » Tue Jul 06, 2010 4:26 pm

mansoor8 wrote:djb123,

Thanks for your reply. Would it be better to wait for until he is 65 ?
Yes but you still need to show dependency and the HO will probably reject saying Pak is as strange to him as the UK why can he not go there? Plus having family there....

Be aware the visa costs £1600 now and I reckon 99% chance of a refusal...
An chéad stad eile Stáisiún Uí Chonghaile....

mansoor8
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Post by mansoor8 » Tue Jul 06, 2010 5:58 pm

Wanderer and djb123,

Thanks for your responses

In trems of the other criteria

iii) since he has now lost his job, I will be making regular contributions to him by means of a wire transfer

iv+iva) i am in full time employment and rent an apartment without any recourse to public funds

v) since my mother has now passed away and I am the only son - the daughters are married and can not possibly look after him. My father does not have strong ties with his siblings and can not depend on them

Yes of course Home Office can say that he can go to Pakistan. But he has no one to look who look after him there.

hmm
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Post by hmm » Tue Jul 06, 2010 9:36 pm

Better wait till January, only 6 months away. He'll be 65 then. In the mean time collect all the supporting documents and preparefor the application. How long have you been supporting him financially? It is better if you can show that he has been relying on you for financial support for some time rather than saying 'he has now lost the job so I'll have to support him'. Better to have some documents evidence. If he apply now and get refused it is very unlikely that he'll get the visa before January even if he win the first appeal.

"The MOST EXCEPTIONAL compassionate circumstances" is one of the hardest hurdle to cross.
mansoor8 wrote: v) since my mother has now passed away and I am the only son - the daughters are married and can not possibly look after him. My father does not have strong ties with his siblings and can not depend on them

Yes of course Home Office can say that he can go to Pakistan. But he has no one to look who look after him there.
He'll have to show that the above statement is true and the ECO have to be satisfied with his explanation.

djb123
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Post by djb123 » Wed Jul 07, 2010 5:31 am

mansoor8 wrote:iii) since he has now lost his job, I will be making regular contributions to him by means of a wire transfer
It's not just that you will be making contributions to him, it whether he's wholly or mainly dependent on those contributions. Did your father make any plans for his retirement? (pension, savings, other investments, etc)

mansoor8
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Post by mansoor8 » Wed Jul 07, 2010 7:53 pm

djb123 - He had some savings but this was all used up on the weddings of the daughters. The only asset he has is an old family house in Pakistan worth around £20 or £25K

hmm - I understand that applying at the age of 65 would be better. However, I am inclined to apply as it is difficult and may even be illegal to continue staying where he is without employment for another 6 months.

hmm
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Post by hmm » Wed Jul 07, 2010 8:33 pm

mansoor8 wrote:hmm - I understand that applying at the age of 65 would be better. However, I am inclined to apply as it is difficult and may even be illegal to continue staying where he is without employment for another 6 months.
Is he not a permanent resident in Dubai?
Can he apply for a UK settlement visa from Dubai? You need to check that with the BHC in Dubai.

If he is holding a Pakistan passport and not a permanent resident in Dubai then he may need to go back to Pakistan to apply for a UK settlement visa.

djb123
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Post by djb123 » Thu Jul 08, 2010 4:56 am

mansoor8 wrote:hmm - I understand that applying at the age of 65 would be better. However, I am inclined to apply as it is difficult and may even be illegal to continue staying where he is without employment for another 6 months.
I'll repeat my earlier comment which is directly from the UK immigration rules - to apply under the age of 65 he would have to be "living alone outside the United Kingdom in the most exceptional compassionate circumstances". Having to leave Dubai and return back to Pakistan (where you say he has a house) isn't going to count.

If you don't mind losing £1680 then apply as I suspect he will definately be refused if he applies now.

mansoor8
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Post by mansoor8 » Sun Jul 11, 2010 2:34 pm

hmm - there is no such thing as a permanent residency in the UAE. The visa is linked to being in employment or having a buisness. Dependants such as children and spouse can be sponsored by the individual in question. I have checked this with the BHC in Dubai and an application can be be made in dubai; as my father has a couple of months of validity remaining on his employment visa

djb123 - indeed he has a small house there, it is probably a family house and I know that this is not very favourable. But having a house there can not possibly override the fact that he needs some care at his age and a family life.

I have no intention of wasting money on an application that is most likely to fail. But there are 6 months until he is 65, out of which he can only stay there for a maximum of say 2 months. So trying to figure out something

Any names/ contact details of solicitors that specialise in cases such as this one ?

On the other hand are there any other categories of visa where it might be possible to apply for my father to be in the UK ?

djb123
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Post by djb123 » Sun Jul 11, 2010 4:41 pm

Not personally convinced that you can claim that a man under the age of 65 who has been working full-time until now actually needs care....

You are limited with other options, even a visitor visa might be difficult, and may make it more difficult to get a visitor visa.

Wanderer
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Post by Wanderer » Sun Jul 11, 2010 5:09 pm

Why not relocate with him to live in Pak if your that certain he has to live with you?
An chéad stad eile Stáisiún Uí Chonghaile....

ajmal
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Post by ajmal » Sun Jul 11, 2010 9:34 pm

mansoor8 wrote:hmm - there is no such thing as a permanent residency in the UAE. The visa is linked to being in employment or having a buisness. Dependants such as children and spouse can be sponsored by the individual in question. I have checked this with the BHC in Dubai and an application can be be made in dubai; as my father has a couple of months of validity remaining on his employment visa

djb123 - indeed he has a small house there, it is probably a family house and I know that this is not very favourable. But having a house there can not possibly override the fact that he needs some care at his age and a family life.

I have no intention of wasting money on an application that is most likely to fail. But there are 6 months until he is 65, out of which he can only stay there for a maximum of say 2 months. So trying to figure out something

Any names/ contact details of solicitors that specialise in cases such as this one ?

On the other hand are there any other categories of visa where it might be possible to apply for my father to be in the UK ?

He can come on visit visa for the time being

djb123
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Post by djb123 » Mon Jul 12, 2010 5:30 am

ajmal wrote:
He can come on visit visa for the time being
As he has already applied for and been refused a settlement visa a few years back he may be refused a visitor visa anyway as the ECO may believe he's going to try to use it to settle anyway.

Also the requirements for a visitor visa are you have a reason to leave the UK before your visa expires, which is the opposite of a dependant settlement visa. So proving you meet the requirements for a visitor visa could go against you when applying for a settlement visa.

mansoor8
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Post by mansoor8 » Mon Jul 12, 2010 11:29 am

People emigrate for opportunities all the time; have done so and will continue to do so.

However, having born and brought up here in the UK, relocating to Pakistan will not be a wise step and potentially could be quite detrimental for me. But I may have to consider this If there is no other way.

Yes I am now aware that reasons for settlement visa and a visit visa are quite different - and it could potentially counter act

vito0514
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Re: Settlement Visa for Father

Post by vito0514 » Mon Jul 26, 2010 9:39 am


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