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Settlement for mother after ban for 10 years

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tessy1
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Settlement for mother after ban for 10 years

Post by tessy1 » Sat Apr 04, 2015 1:59 pm

I have applied for family visit visa for my mum on three occassion and she was refused on 320(7b) and 320(11). On the first occassion, ukba found that my mum had been deport 25 years ago for criminal offense and the deportation order was still in force. Secondly , They ban her because she fail to disclose her previous details she entered the uk with at the time she convicted a criminal offence and sentence her to 2years. They said they will continue to refuse her until the 10years ban is lifted and Deportation order being revoked. I have written reconsideration letter to ukba on all occassion explaining that my mum could not remember anything from the incident as its been too long and she has completely forgotten about the incident. Also , I advise them to carry out DNA test for both of us so they can believe she is my biological mother but all to no avail.

I am her only child and i have been living in uk since 10 now got british citizenship. My mum nèeds me most at this time as she is hypentensive and has no one around her as dad is deceased and my aunty who looks after has relocated to south africa.
1. Can i apply for settlement for her to join me in uk ? Ukba claimed they do not believe our relationship and they could not ascertain her true identity.

Can someone help me as this really frustrates me a lots and i cant just watch her live a lonely and boring life back home and i can not relocate with my 4 children whom were all born here. Her last application was in 2013 and last appealed to tribunal in 2011 as per first application.
2. Can i still submit an appeal here in uk to higher court or judicial review. I will appreciate your prompt reply. Thank you

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CR001
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Re: Settlement for mother after ban for 10 years

Post by CR001 » Sat Apr 04, 2015 2:20 pm

Adult dependent visa is virtually impossible, with only about 2 to 5 approvals that we know of since the rules changed in July 2012. You don't say which country your mother is resident in or how old she is. Why can't she move to South Africa with your aunt? Tbh, hypertension is easily managed and does not generally require 24 hours care.

You have posted in another thread asking about the EU Surinder Singh route. If this is something you might consider, why could you not move back to your mom to help her.

This is an extremely difficult visa to qualify for as adult dependent and your moms conviction, deportation and ban will exacerbate that.
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tessy1
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Re: Settlement for mother after ban for 10 years

Post by tessy1 » Sat Apr 04, 2015 5:24 pm

Thank you for your reply. I am not looking to relocate to Nigeria now and just wanted to have a knowledge about surinder singh route. My mum is in Nigeria and aged 64.

How do I go about revoking the Deportation Order and can I apply on her behalf. Thank you

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CR001
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Re: Settlement for mother after ban for 10 years

Post by CR001 » Sat Apr 04, 2015 5:42 pm

Even if you could revoke the deportation order, she still would not qualify for a settlement visa and that is without even knowing what her custodial conviction was for. The other issue is that she failed to declare her previous immigration history and conviction etc when applying for a visit visa. HO keep all of these records.

Is there a reason why she cannot go to South Africa if your aunt is already there?

How long is left of the 10 year ban?

I would imagine that she would need to try sort out the revocation herself.
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Re: Settlement for mother after ban for 10 years

Post by Wanderer » Sat Apr 04, 2015 5:42 pm

tessy1 wrote:Thank you for your reply. I am not looking to relocate to Nigeria now and just wanted to have a knowledge about surinder singh route. My mum is in Nigeria and aged 64.

How do I go about revoking the Deportation Order and can I apply on her behalf. Thank you
Surinder Singh would mean uprooting your entire family to another EU State - shifting your centre of life for up to 12 months, living and working there then moving back to UK and starting again. Things may change here too, UKVI is making this method much tougher...

I think you'll struggle re: the Deportation Order and the subsequent deception. Makes more sense to makes sure she gets the care she needs locally.
An chéad stad eile Stáisiún Uí Chonghaile....

tessy1
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Re: Settlement for mother after ban for 10 years

Post by tessy1 » Sat Apr 04, 2015 7:55 pm

CR001 wrote:Even if you could revoke the deportation order, she still would not qualify for a settlement visa and that is without even knowing what her custodial conviction was for. The other issue is that she failed to declare her previous immigration history and conviction etc when applying for a visit visa. HO keep all of these records.

Is there a reason why she cannot go to South Africa if your aunt is already there?

How long is left of the 10 year ban?

I would imagine that she would need to try sort out the revocation herself.
She was conviction of Drug. My aunty has not sorted out her permanent residence in SA and would therefore not able to invite my mum. 5 years is left out of the 10years ban.

tessy1
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Re: Settlement for mother after ban for 10 years

Post by tessy1 » Sat Apr 04, 2015 8:07 pm

Wanderer wrote:
tessy1 wrote:Thank you for your reply. I am not looking to relocate to Nigeria now and just wanted to have a knowledge about surinder singh route. My mum is in Nigeria and aged 64.

How do I go about revoking the Deportation Order and can I apply on her behalf. Thank you
Surinder Singh would mean uprooting your entire family to another EU State - shifting your centre of life for up to 12 months, living and working there then moving back to UK and starting again. Things may change here too, UKVI is making this method much tougher...

I think you'll struggle re: the Deportation Order and the subsequent deception. Makes more sense to makes sure she gets the care she needs locally.
Thank you so much for the info. I have tried to sort out care for her locally since last year but I really wanted her to be with me here.

I wont be able to go through the surinder singh route because of my kids.

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CR001
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Re: Settlement for mother after ban for 10 years

Post by CR001 » Sat Apr 04, 2015 9:17 pm

Unfortunately there doesnt appear to be any route available that your mother would qualify for to come to the UK.
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