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Dependant Visa for my mother

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fatguyslim
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Dependant Visa for my mother

Post by fatguyslim » Sun May 28, 2023 2:45 am

Hey everyone, I write this post with a heavy heart given that I was planning on applying for a visitor visa for both my Mum and Dad no so long ago. My dad recently passed away due to liver cancer leaving my mum all alone in India. I am British Citizen and my brother, who recently moved to the UK, has got a 5 year Skilled Worker Visa. My brother is going back to the UK in next couple of days, meanwhile I am staying here with my mother looking for best option for her to move to the UK.

She clearly is incapable of doing all the work at home by herself both physically and mentally. I have no plans of living in India and leaving my mother alone for any duration of time will certainly cause great deal of harm on her health. Can you guys please let me know what documents I need to prepare in order for my mother to immigrate to the UK permanently and live with me and my wife? We even plan to move closer to where my brother works so that my mum is near both her sons. Both my brother and I left India in 2008 and 2006 respectively and barely got to see our parents since then. I have a lot of regret for not seeing and speaking to my dad when he was alive and I just cannot do the same to my mum. Any help at this point would be greatly appreciated. Thank you

AmazonianX
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Re: Dependant Visa for my mother

Post by AmazonianX » Sun May 28, 2023 4:50 am

fatguyslim wrote:
Sun May 28, 2023 2:45 am
Hey everyone, I write this post with a heavy heart given that I was planning on applying for a visitor visa for both my Mum and Dad no so long ago. My dad recently passed away due to liver cancer leaving my mum all alone in India. I am British Citizen and my brother, who recently moved to the UK, has got a 5 year Skilled Worker Visa. My brother is going back to the UK in next couple of days, meanwhile I am staying here with my mother looking for best option for her to move to the UK.

She clearly is incapable of doing all the work at home by herself both physically and mentally. I have no plans of living in India and leaving my mother alone for any duration of time will certainly cause great deal of harm on her health. Can you guys please let me know what documents I need to prepare in order for my mother to immigrate to the UK permanently and live with me and my wife? We even plan to move closer to where my brother works so that my mum is near both her sons. Both my brother and I left India in 2008 and 2006 respectively and barely got to see our parents since then. I have a lot of regret for not seeing and speaking to my dad when he was alive and I just cannot do the same to my mum. Any help at this point would be greatly appreciated. Thank you
Take heart on the loss of your Dad.
The UK immigration does not have a pathway like that nor favourable disposition as such to her being able to move permanently to UK.
There is the Adult Dependent Relative visa which is adjudged as the most difficult visa to get for UK with the highest rate of refusal because of the tough requirements.

And once applicant is refused, it closes the door on being able to get another type/category of UK visa because applicant has already expressed plan of moving to UK permanently.

At this time you may want to further explore what you started already I.e. visitor visa. Note that your Dad's passing and her 2 children being in UK may also make it tougher to get visitor visa granted.

JB007
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Re: Dependant Visa for my mother

Post by JB007 » Sun May 28, 2023 2:04 pm

fatguyslim wrote:
Sun May 28, 2023 2:45 am
Can you guys please let me know what documents I need to prepare in order for my mother to immigrate to the UK permanently and live with me and my wife? We even plan to move closer to where my brother works so that my mum is near both her sons.
The UK does not allow chain migration.

For those wanting to migrate to a western country and bring parents, Canada has options https://www.canada.ca/en/immigration-re ... -visa.html

Australia too has some options, although limited to a maximum of 10 years it seems. https://immi.homeaffairs.gov.au/visas/g ... porary-870

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Casa
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Re: Dependant Visa for my mother

Post by Casa » Sun May 28, 2023 3:33 pm

In order for an Adult Dependent Visa application to have any chance of success, you would need to submit strong evidence that your mother requires daily help for basic tasks such as bathing, dressing and preparing food. That help must either not be available in her home country or is not affordable. As the care costs are lower in India than they are in the UK, it would be considered that if you are able to provide financial support her care in the UK, you would be able to cover the costs in India.

A very low number of ADV applications have succeeded after the Immigration Rules were tightened in July 2012, and many of these have been after a long and costly legal appeal.

As has already been mentioned, if you submit an Adult Dependent visa application and this is refused, the door will be closed for any Visitor visa applications in the future, due to your mother's prior intention to settle.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: Dependant Visa for my mother

Post by secret.simon » Tue May 30, 2023 6:29 am

To reiterate Casa's advice above, for an Adult Dependent Relative visa, you will need to prove both that
(a) your mother requires daily help for basic tasks such as bathing, dressing and preparing food (which sounds like your mother will need the requirements for), AND,
(b) That help must either not be available in her home country or is not affordable. This second requirement is where most applications for ADR visas from the Sub-Continent fail, because the cost of care on the Sub-Continent is much cheaper than the cost of care in the UK.

And I concur with AmazonianX's advice that having two children in the UK makes her visit visa application harder. She will need to demonstrate stronger ties to her country of habitual residence outweighing having two children in the UK, to satisfy the ECO that she will leave the UK before the end of her visit visa.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

fatguyslim
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Re: Dependant Visa for my mother

Post by fatguyslim » Fri Jun 02, 2023 3:34 pm

secret.simon wrote:
Tue May 30, 2023 6:29 am
To reiterate Casa's advice above, for an Adult Dependent Relative visa, you will need to prove both that
(a) your mother requires daily help for basic tasks such as bathing, dressing and preparing food (which sounds like your mother will need the requirements for), AND,
(b) That help must either not be available in her home country or is not affordable. This second requirement is where most applications for ADR visas from the Sub-Continent fail, because the cost of care on the Sub-Continent is much cheaper than the cost of care in the UK.

And I concur with AmazonianX's advice that having two children in the UK makes her visit visa application harder. She will need to demonstrate stronger ties to her country of habitual residence outweighing having two children in the UK, to satisfy the ECO that she will leave the UK before the end of her visit visa.

Thanks Simon, I forgot to add another detail that my mother was granted a visitor visa back in Feb 2022, she applied for the visa in Dec 2021 just before my engagement and was granted the visa on 10th Feb just after I got married. So she never got to travel to the UK. The present situation is that my wife is due for delivery in October and I am applying for the visitor visa for my mother to come over and help her during this period. Meanwhile my mother will now get my dad's pension and the property my dad owns belongs to her now. Wonder if this would help in any way for her to get the visa?

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Casa
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Re: Dependant Visa for my mother

Post by Casa » Fri Jun 02, 2023 3:43 pm

Be wary of the reason given in the application for her visit, as the HO deem even voluntary child-care within the family to be work, which isn't permitted while on a visitor visa. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

AmazonianX
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Re: Dependant Visa for my mother

Post by AmazonianX » Fri Jun 02, 2023 11:14 pm

fatguyslim wrote:
Fri Jun 02, 2023 3:34 pm
secret.simon wrote:
Tue May 30, 2023 6:29 am
To reiterate Casa's advice above, for an Adult Dependent Relative visa, you will need to prove both that
(a) your mother requires daily help for basic tasks such as bathing, dressing and preparing food (which sounds like your mother will need the requirements for), AND,
(b) That help must either not be available in her home country or is not affordable. This second requirement is where most applications for ADR visas from the Sub-Continent fail, because the cost of care on the Sub-Continent is much cheaper than the cost of care in the UK.

And I concur with AmazonianX's advice that having two children in the UK makes her visit visa application harder. She will need to demonstrate stronger ties to her country of habitual residence outweighing having two children in the UK, to satisfy the ECO that she will leave the UK before the end of her visit visa.

Thanks Simon, I forgot to add another detail that my mother was granted a visitor visa back in Feb 2022, she applied for the visa in Dec 2021 just before my engagement and was granted the visa on 10th Feb just after I got married. So she never got to travel to the UK. The present situation is that my wife is due for delivery in October and I am applying for the visitor visa for my mother to come over and help her during this period. A là @Casa's msg above, where possible don't state her purpose of coming is to assist wife after child birth, this could be taken to mean she is comming to work! Meanwhile my mother will now get my dad's pension and the property my dad owns belongs to her now. Wonder if this would help in any way for her to get the visa?

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