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Elderly family visa

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HMZA
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Elderly family visa

Post by HMZA » Fri May 23, 2014 12:42 pm

Dear all

I would appreciate any advice regarding my case please
I applied for a settlement visa on the 23/05/2013 for my mom she is 70 years old, widow, and been to the UK twice on a visitor visa before and never been overstayed and one daughter only settled in the UK as a British citizen got refused for the following reasons:
. no medical report was submitted to show that she is unable to perform daily households
. The sponsor could use someone to provide the level of care in the country where she is living currently.

We have applied for an appeal based on a medical report addressing that she got benign essential tremor that affecting her fine motor skills and she is unable to use her hands
And due to religious and culture circumstances we can’t hair a male maid to do the daily jobs for her.

Any advice with any other documents that we should provide to support our case.

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Casa
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Re: Elderly family visa

Post by Casa » Fri May 23, 2014 12:50 pm

The ECO is likely question why you couldn't hire a female carer. Settlement visas for elderly parents have become virtually impossible to obtain following changes to the Regulations.
(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.

Wanderer
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Ireland

Re: Elderly family visa

Post by Wanderer » Fri May 23, 2014 12:51 pm

Good luck with this, you'll need it.

Why can't you hire a female maid to look after her? Not me asking, UKVI will ask though....

Fair to say hardly any of these visas have been granted (I heard only one) since the rules were tightened and price put up to deter people,
An chéad stad eile Stáisiún Uí Chonghaile....

HMZA
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Re: Elderly family visa

Post by HMZA » Fri May 23, 2014 1:02 pm

Thanks for replys
well a female Maid will not be able to do the tasks that the male should do there and a male will not be able to stay with her due to the religious reasons

MPH80
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Location: UK

Re: Elderly family visa

Post by MPH80 » Fri May 23, 2014 1:14 pm

What tasks are you thinking about? I ask because the home carer industry in the uk is largely female so I'm wondering what you've got in mind.

HMZA
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Re: Elderly family visa

Post by HMZA » Fri May 23, 2014 1:56 pm

Putting the generator on to provide electricity or going to the petrol station to bring gas cylinders or buying fuel to the generator in addition fixing broken items in the house when needed which is frequent.
so much other items and thinks the man can do there rather than a women

Wanderer
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Ireland

Re: Elderly family visa

Post by Wanderer » Fri May 23, 2014 5:54 pm

So hire a female maid as carer and a male handyman.

Still cheaper than care over here and no cost to NHS (UKVI head on)
An chéad stad eile Stáisiún Uí Chonghaile....

HMZA
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Re: Elderly family visa

Post by HMZA » Sat May 24, 2014 9:37 pm

It would be too expensive.
What other documents would help the case and would the judge focus on only these 2 points that been mentioned by the visa officer or would he review the whole case?

MPH80
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Re: Elderly family visa

Post by MPH80 » Sat May 24, 2014 10:00 pm

the ECO will focus on those exclusively and will deny your claim without significant proof that the care is unaffordable - yet you can afford to look after her here.

Once you get up to a judge - a private life claim MIGHT succeed - but let me be clear - you will be at least a year or two down the line from today before you get there AND there's a damn good chance it wouldn't.

You would have then ruled out all future visitor visas for your mother having declared an intention to settle.

I would strongly suggest looking at another route - there are two possible open to you:

1) Return to live with her
2) Follow the EU route - move to another EU country - relocate your life there for 6 months or more, bring your mother as your dependant to that country and then return to the UK.

The second route, if you started today, would produce a quicker result than the 'straight' UKBA route.

HMZA
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Re: Elderly family visa

Post by HMZA » Sat May 24, 2014 10:12 pm

I already applied a year ago and the case been refused due the 2 reasons mentioned above (medical report to proof her condition and suggesting to hire a maid to help her) we applied for an appeal and we should see the judge after 4 month but I’m trying to prepare all the required document from now and the statement as well, any idea that might help or previous successful case story please.

MPH80
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Re: Elderly family visa

Post by MPH80 » Sat May 24, 2014 11:22 pm

Apologies - I didn't read the original post clearly.

Success stories are exceptionally rare for this visa - it is not clear there are *any*.

Herein lies the problem you will ultimately have to answer:

Between the time of application and now your mother has been getting along - either with help or by herself. If it's by herself, she doesn't qualify, and if it's with help you'll have to show why that can't continue.

I strongly doubt your appeal will be successful - but I wish you well.

HMZA
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Re: Elderly family visa

Post by HMZA » Sun May 25, 2014 8:55 am

Thank you ever so much for the replies, its been all helpful.

HMZA
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Re: Elderly family visa

Post by HMZA » Sun May 25, 2014 10:26 am

any suggestion how to start and organize my statement please, I have got a solicitor but he is not helping much

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