ADULT DEPENDENT RELATIVE VISA

[Zulqarnain A]

Hi everyone,

My mum is already in UK on 2 years visit visa. She would like to apply for indefinite leave to remain through Adult Dependent Relative/Family visa. On the official website it says you have to leave the UK to apply for this visa. However, I would like to know if there is any chance any possiblity if she can apply for this visa from within the UK?

Her children are already in UK and she has got no one in Pakistan to go to or to live with. If she leaves, she is not able to travel or live on her own, and any of us will struggle to live with her for the duration of 6 months (time taken on applications) because of the work and commitments in UK.

Thank you.

Regards,
Zulqarnain

[CR001]

What is your immigration status in the UK?

How old is she?

What ties to her home country did she provide for a visitor visa?

What has now suddenly changed?

Why can't she live in her own?

The adult dependent visa is the most difficult visa to get and has a very high refusal rate. Those who have been successful, have only been so after very expensive and lengthy appeal processes. Being refused also shuts the door in any future visitor visas being granted.

[Zulqarnain A]

She is 56 years old, when she applied for visitor visa she had her youngest son living with her which was the tie to home country but now he moved to UK as well to study masters degree and she came with him but now she has got no one back home to live with or to go to. She suffers from amnesia so it is very risky to leave her on her own now especially when she is aged.

I understand and have been reading that adult dependent is very hard and expensive too. We can risk being rejected, loosing all money which is around £3000 I believe and also as you said shuts the door for future visitor visa.

However, as I explained her situation above, do you think we should go for it? We have genuine reasons and we can easily prove them with evidence.

[CR001]

She is 56 years old...................especially when she is aged.

56 is not old and is certainly not 'aged'. Also, amnesia is a temporary memory loss and is not 'life threatening'. UKVI will likely believe that as care in Pakistan is cheap, you can pay for a carer to help her.

However, as I explained her situation above, do you think we should go for it? We have genuine reasons and we can easily prove them with evidence.

I highly doubt you will be successful, which means any future visitor visa will also fail. The criteria that has to be met is very difficult.

immigration-for-family-members/adult-de ... 87771.html

Parents have been refused when they have had substantial medical issues, such as heart failure, dementia, etc etc.

[Zulqarnain A]

Thank you for your response.

It is helpful to hear your views before we loose out big time and close every door for her.

She is on a 2 years visitor visa, she also had one 2 years and one 6 months visitor visa before this and we have been making sure she comply with all rules and regulations, comes on time and leave UK on time etc.

In this case then, if we carry on with her visit visas, one after another, which is fine (better than having nothing) then how long she can stay in a UK in one go. I understand a visitor can't stay in UK for the whole 2 years in one go and have to go back and then come to UK later with some gaps. So it is getting bit confusing that how long she is allowed to stay in UK in one year (on her 2 years visitor visa)? can you advise anything on this?

[CR001]

She cannot stay for more than 180 days in any 12 month period. She cannot be using the visitor visa to reside in the UK. If the IO sees she is spending more time in the UK than in Pakistan, the risk is that her visitor visa is cancelled and she is returned to her home country.

You have asked this question before. The answer doesn't change.

[Ticktack]

Thank you for your response.

It is helpful to hear your views before we loose out big time and close every door for her.

She is on a 2 years visitor visa, she also had one 2 years and one 6 months visitor visa before this and we have been making sure she comply with all rules and regulations, comes on time and leave UK on time etc.

In this case then, if we carry on with her visit visas, one after another, which is fine (better than having nothing) then how long she can stay in a UK in one go. I understand a visitor can't stay in UK for the whole 2 years in one go and have to go back and then come to UK later with some gaps. So it is getting bit confusing that how long she is allowed to stay in UK in one year (on her 2 years visitor visa)? can you advise anything on this?

You see that little sitting area that is always at the boarder control, that's where they keep people that have fallen short of complying with their visas conditions. Or people that haven't been able to answer constructively why they've come to the UK (again/so soon after just leaving).
I'm sure you wouldn't want to subject you mother to that. The simple rule is maximum 6 months in 1 year.
That's more than most enough to visit. It's a visit visa, not a residency visa.

[Casa]

In addition to previous excellent advice, please be aware that the 'no more than 180 days' in 12 months, refers to a rolling 12 month period, not a calendar year. A visitor can't spend more time in the UK than they are spending in their own country.

[Zulqarnain A]

Thank you for your responses.

She got her visa in August 2022. She came to UK in Feb 2023 and left in July 2023. So before August 2023 she didn't exceed 6 months of her stay in the first year of her visa (First yea of visa means August 2022 to August 23).

Now to the question, we have a family event in October 2023 here which she wants to be part of so she maybe returning in September 2023 for a short time.

Do you see this being a problem at border control? Because she just left in July 2023 and back in late September 2023 ? Even though this will be her first visit on the second year of her 2 years visit visa?

Hope I made sense.

Thank you.

[AmazonianX]

Thank you for your responses.

She got her visa in August 2022. She came to UK in Feb 2023 and left in July 2023. So before August 2023 she didn't exceed 6 months of her stay in the first year of her visa (First yea of visa means August 2022 to August 23).

Now to the question, we have a family event in October 2023 here which she wants to be part of so she maybe returning in September 2023 for a short time.

Do you see this being a problem at border control? Because she just left in July 2023 and back in late September 2023 ? Even though this will be her first visit on the second year of her 2 years visit visa?

Hope I made sense.

Thank you.

Hopefully it should not be problem if she is prepared and paradventure should be ready to answer why she is returning to UK after exiting not so long ago.