Mother as dependant

[get2rajnat]

Hi

My case is regarding the ADR vs Surinder singh route ,

I live with my wife and 3 year old son we all are British citizen, I have been here for the past 15 years,
My father and mother both Indian citizens used to visit us frequently, Recently my father, while visiting us ,passed away in London
Since I am the only son I would like my mother(66 years old ) to stay with us ,
After the death of my Father she has become lonely and depressed as it was a sudden shock to us since he was healthy and had no health issues.
My mother is not financially dependent on me, But there is no one in Indian to take care of her. Emotionally she is very much dependent on us as a family.
I and my wife earn sufficient to take care of her here.
Now after reading the Forums I understand the ADR visa for my mother would be refused since the new criteria added in July 2012 would be difficult to satisfy.
Is it worth applying for the ADR or should I apply for FLR(O) , what are the chances of getting a visa either ways ?

I have also read about the Surinder singh route
So was wondering what are the chances of my mother getting a Residence permit in EU country and then also the FP / Residence permit in UK after 9+ months.
Also if anyone has experiences going this route. Since after reading the forums I understand this is more or less at the discretion of the HO .

Could you please share your thoughts

regards
Raj

[Wanderer]

No much chance without dependence...

[secret.simon]

I believe FLR(O) is the wrong form. It would be FLR(FP) if your mother is already in the UK on a non-visitor visa.

She can not apply for FLR (further leave to remain-meaning an extension to already an existing leave to remain) if she is not in the UK.

All the routes, including Surinder Singh, that you have in mind require dependence that needs to be proven, typically financially.

SS is not at the discretion of the Home Office, provided you can prove that you have genuinely settled and exercised treaty rights in another EEA country. It should not be obvious that you were attempting to frustrate the UK Immigration Rules.

Remember that for SS, you will have to move your whole family to another EEA country to prove that the "center of your life" has moved to that country. That may have an impact on your son's education.

Part of the ADR requirements are that your parent needs assistance with basic daily functions, such as cooking, washing and dressing (it is not clear if your mother meets that requirement) and that such assistance is either not available or not affordable in their country of normal residence. That is hard to prove in a country like India, where the cost of labour is significantly cheaper than in the UK.

Emotional support is not a factor in the ADR application.

For ADR, only 34 visas have been known to have been issued since 2012, most of which have either been after appeal from pre-2012 rules or for parents from countries such as the US and Canada, where social care costs are higher than in the UK.

[Casa]

+1 secret.simon has given you very sound advice. Also be aware that if your mother's application for a ADR visa is refused, she will be closing the door for visitor visas in the future.