How to appeal ILR refusal for dependent mother

[KHNW2]

Can you please advise me on my case. My mother came to visit for 6 months after my father died last year. She has been really depressed post-event and lost much weight. She has no other relatives but me, no friends either. We thought it would be best for her to settle with us as we support her anyway. We put together a case, including financial support docs, poor living conditions and depression. Just received a refusal, saying these were not "exceptional compassionate" circumstances. The letter stressed, she is 54 (indeed, soon 55) and was in employment in her country, and no serious illness or disability. This is accurate but unfair as she just can't survive there on her own. I want to support my only parent, which I can easily afford and I have a UK passport.
Please advise me how to approach the AIT appeal. The form seems straightforward, but what additional evidence are they asking for? Is it worth sending the whole bundle from last year again to the tribunal? or are they just going to look for new evidence? I can't think of any new information that would be admissable. Can you please give me your views and advice. I spoke to a lawyer but after the initial consultation he said, no chance, and turned down the case as hopeless, but advised to "fight on" or get married to an EEA citizen... not an option, I'd say! Please help.

[batleykhan]

http://www.ukvisas.gov.uk/en/ecg/chapter15/

According to above guidelines, its very difficult for parents under 65 to get a settlement visa.

Exceptional circumstances means an elderly person, in poor health, with nobody to look after them and are entirely dependent on sponsor.

The sponsor must also be in a position to financially support, maintain and accomadate the applicant without recourse to public funds

Whilst you may be able to the latter, its the first point that you have to work on. Unless you can prove thatr, you are wasting your time in appealing because you will not succeed.

How do you prove the latter?. I would start of by getting medical reports on your mothers health, preferably whilst she is in the UK, as AIT is more likely to believe a UK doctor/specialist rather than a dodgy one from Pakistan.

You need to show a family tree of your family. If she doesnt have a close relative in Pakistan that is a good point ( remember you cant cheat as the BHC will have a family record of yours through yours or your mothers application)

you need to show you have been supporting her fiancially. This is done by providing receipts of all the money you sent her( preferably in her name only)via bank/money transfer. The more you have the better as that will prove you are definetly supporting her ( 2/3 recipts I am afraid wont do).

You also need to prove that you can support her if she is granted leave to remain or issued with entry clearance. You will need to show you have sufficient funds, accomadation etc to support her with out recourse to public funds.

Now if you can do the above, then its worth appealing, otherwise I am afraid your mother will have to look after herself in Pakistan for some time to come yet.

Hope this helps

[PaperPusher]

The actual test is "alone outside the UK in the most exceptional compassionate circumstances" which is hard to reach...

It means most living alone will not meet the test, even those with compassionate circumstance will not meet the rules, nor those living in exceptional compassionate circumstances, it has to be the most exceptional compassionate circumstances.

[KHNW2]

I probably need to clarify a bit. We are not from Pakistan but from Russia. My mother is aready here, entered as a visitor (with no intention to cheat or deceive anyone). She came to see us several times before, once after my father's death. This time I noticed how much she aged, she lost about 20kg and was really going downhill. I thought if she went back, she won't survive for very long. Now, that we applied to switch status from within the country, there is no way for her to go back and try to come later - I am told she will simply be refused the visa.
While I understand that not all lonely old people are in exceptional circumstances, I just need some help to define such circumstances, to make sure I can get the right proof to demonstrate that this is how she would be living there. What is compassionate in one country (like I would think no running water in the house is pretty awful) may be totally normal everyday thing somewhere else therefore not compassionate/exceptional. Can someone please define what the judge would be looking for, what would move him/her? many thanks.

[Rozen]

This is a tricky one! I hate to be the bearer of bad news, but from the info you've given, you hardly have a hope in hell of succeeding. The bar of "exceptional circumstance" is incredibly high, almost impossible even!
Since you have a UK passport, maybe you could consider taking advantage of the EU route? You could exercise your treaty rights in say, Ireland, and freely take your mother along as your dependant. Then later come back to UK under the Surinder Singh rule. It's an option. Not exactly cheap. But depends; how much do you want mum to stay with you? Good luck! You're gonna need it. And I mean that sincerely...

[batleykhan]

afraid your mother will have to look after herself in Pakistan for some time to come yet.

I probably need to clarify a bit. We are not from Pakistan but from Russia.

Sorry about that.Its just that we have had a number of similar enquiries which have been from Pakistan, I thought you were from there.

Sorry

[Wanderer]

If she's 55 isn't she entitled to a State Pension in Russia?

I think 'extreme compassionate' is just that - practically homeless, no local family, no money, destitute....

[KHNW2]

If she's 55 isn't she entitled to a State Pension in Russia?

I think 'extreme compassionate' is just that - practically homeless, no local family, no money, destitute....

Yes, that's correct she can receive a pension when she is 55 in October, but it's not even enough to pay the rent.

However, refusal states that she was in employment when she came as a visitor in March 08, and she can find a job if she goes back (frankly unlikely with her age, the culture is very ageist there). I will try to demonstrate that she has no chance to find employment.

We had no problem with the proof of support / accomodation and no recourse to public funds. It's most exceptional circumstances that puzzle me.

[KHNW2]

Can anyone offer a view what these most exceptional compassionate circumstances are perceived to be? Thanks.

[Rozen]

Can anyone offer a view what these most exceptional compassionate circumstances are perceived to be? Thanks.

It's difficult to say, KHNW2! It's one thing to say that your parent will be living in the most deplorable of conditions should she return home. For example: no relatives/friends, no accomodation, no money, poor health even to the point of death! But it's quite another thing to actually PROVE this to the UKBA! And therein lies your problem my friend.
What makes your case even worse is that when your mother once applied for a visit visa, she indicated that she was employed/working. Apparently, she is also entitled to a state pension at 55! It certainly doesn't look like she qualifies under "exceptional circumstances". Not from UKBA's point of view anyway! They could even argue that you could sponsor her from the UK, while she continues to live in Russia! It's really not looking good, mate. Sorry if this sounds rather harsh, but it's the reality....

[batleykhan]

15.4 - Living alone outside the United Kingdom in the most exceptional compassionate circumstances
There are no guidelines for what constitutes exceptional compassionate circumstances. You must decide this by assessing the facts of an individual case.

You should bear in mind that this requirement is to be considered as part of the cumulative effect of the relevant Rules. For instance, an applicant who is financially wholly or mainly dependent on his/her UK sponsor and has no other close relatives to turn to for financial support, must show that his or her circumstances are exceptional in relation to other applicants in the same position.

The applicant’s standard of living does not have to be particularly low but nor should reference be made simply to the applicant’s standard of living in order to assess compassionate circumstances.

The above is an extract from the Entry Clearance Guidance used by ECO's when assessing an application such as that of your mothers.

[KHNW2]

The above is an extract from the Entry Clearance Guidance used by ECO's when assessing an application such as that of your mothers.

Yes, I've seen this, thank you. I've done quite a lot of homework. Yesterday spoke to my MP who promised to write a cover letter to submit to UKBA with my "new evidence" for which I can only supply witness statements. Now working on "skeleton argument". She will have lost her job by now and the pension when she gets it, is not that great, it will cover around 25% of her essential expenses. MP said that the financial aspect is important, UK government wouldn't like the money to go out of the country, and rather it be spent here (end quote) but there is this point about "distant sponsoring" from the UK which is of course a possibility.

I know it's not looking good but just don't want to plunge into despare, after what she's been through, I can't just let her be separated from me and grandchildren she dots over and booted back into the dark hole that was her existence.

Thanks to all for your help, if you can think of any strategy, please let me know!

[hmm]

I understand what you are going through as we are in the process of applying for a dependent settlement visa for my mother in law who has recently lost her husband and under 65. we too have to proof the famous ''Living alone outside the United Kingdom in the most exceptional compassionate circumstances''. It'd be the first time she'll be applying for any visa.

It is good news that your MP is willing to write a letter to support her.

When did you apply for her settlement? before her visitor visa expire or after? What is her visa status now? over stayer or not?

She'd probably has more chance to get a settlement if she returned to Russia and apply from it there for a dependent settlement visa. Collect all the financial, medical eveidence from here and you take her back to Russia, stay there for few weeks or months with her, sort out her pension (so you'll have the proof that it will not be enough) and get some sort of proof that she has lost her job and unlikely get another job (you can even add/use the current economic climate, job market situation and her age, etc), get more medical eveidence fom there while she was in Russia, a letter from her family doctor, work collegue or some one professional stating how many years that person knows her, how she has changed physically and mentally since she lost her husband, how much she depended on you now, how much she depended on her husband and how the lost (loosing her husband) has been affecting her, how much the family means to her, how she has bonded with her grand childeren over here, etc, etc.
Buy a decent folder and some dividers, separate the evidence documents and file them in a order so that the ECO can finds them easily and it'd shows that you make the effort. you can also include some photoes of her showing her spendingtime with her familyand friends over here.
If she was called for an interview, go with her to show moral support, etc.

Sorry about the long post. Hope I make some sence and help.

[Wanderer]

If she's 55 isn't she entitled to a State Pension in Russia?

I think 'extreme compassionate' is just that - practically homeless, no local family, no money, destitute....

Yes, that's correct she can receive a pension when she is 55 in October, but it's not even enough to pay the rent.

However, refusal states that she was in employment when she came as a visitor in March 08, and she can find a job if she goes back (frankly unlikely with her age, the culture is very ageist there). I will try to demonstrate that she has no chance to find employment.

We had no problem with the proof of support / accomodation and no recourse to public funds. It's most exceptional circumstances that puzzle me.

There are job in Russia for all ages, my partners' recently changed jobs and she's nearly 55 too. She got a pension at 50 as well for some reason, sth to do with the plant she worked for. Did she not get a flat given to her on fall of SU? Think gf's parents did - or very very cheap. Anyway, pay no rent or have no mortgage and they are by no means rich or affluent.

I really think u will struggle with this since it's not impossible to survive there and the ECO's know that, Russia isn't Third-World....

Plus there's the question of supporting them - in the current economy there are no guarantees u will be able to support her in the future and like we've seem here before, you could be back asking if she can have a UK Pension....

If you are independently wealthy the ECO's will expect u to be able to support her in Russia IMHO.

Udachi vam i dobro pozhalovat' v nash forum!

[Wanderer]

If she's 55 isn't she entitled to a State Pension in Russia?

I think 'extreme compassionate' is just that - practically homeless, no local family, no money, destitute....

Yes, that's correct she can receive a pension when she is 55 in October, but it's not even enough to pay the rent.

However, refusal states that she was in employment when she came as a visitor in March 08, and she can find a job if she goes back (frankly unlikely with her age, the culture is very ageist there). I will try to demonstrate that she has no chance to find employment.

We had no problem with the proof of support / accomodation and no recourse to public funds. It's most exceptional circumstances that puzzle me.

There are job in Russia for all ages, my partners' recently changed jobs and she's nearly 55 too. She got a pension at 50 as well for some reason, sth to do with the plant she worked for. Did she not get a flat given to her on fall of SU? Think gf's parents did - or very very cheap. Anyway, pay no rent or have no mortgage and they are by no means rich or affluent.

I really think u will struggle with this since it's not impossible to survive there and the ECO's know that, Russia isn't Third-World....

Plus there's the question of supporting them - in the current economy there are no guarantees u will be able to support her in the future and like we've seem here before, you could be back asking if she can have a UK Pension....

If you are independently wealthy the ECO's will expect u to be able to support her in Russia IMHO.

Udachi vam i dobro pozhalovat' v nash forum!

[KHNW2]

Thanks, Wanderer, for your comments. You are of course right and there are jobs for people willing to sell veg on the market or sweep the streets. My mother is a qualified doctor with 30 years of experience in a narrow field and even in good times, vacancies that match her skills were rare. Now with 10% unemployment plus her age and health, a new job is more like a dream than reality. 70% of officially unemployed are women between 45-55, so not much hope there.
With regard to 3rd world, it is probably right. The fact that Moscow is so bloody expensive is one indicator. Spending 50-60% of salary on food and remaining on utilities is not uncommon. Not everyone is an oligarch, and even they are in trouble sometimes!
Thanks for you well wishes, we will fight on. I drafted a second bite of the cherry letter to UKBA to be forwarded by our MP and fingers crossed they might revisit the case and re-consider. Failing this, I am filing a form AIT-1 with the tribunal and when they give us a date, will put together a bundle as suggested. I will be back on the forum asking for tips how to behave on the hearing though. Wish me luck!

[Ben]

I have a UK passport.

Move to another EU country, bring your mum with you, work there for 6 months, move back to the UK.

Job done.

[KHNW2]

I have a UK passport.

Move to another EU country, bring your mum with you, work there for 6 months, move back to the UK.

Job done.

Benifa, thanks for the advice. This is certainly reserved in case all other options fail. I have two small children, the youngest is about to start school, a husband and a very good job I don't want to lose. Maybe I can persuade them to send me on a secondment to Paris for 6 months...

[Wanderer]

I have a UK passport.

Move to another EU country, bring your mum with you, work there for 6 months, move back to the UK.

Job done.

Benifa, thanks for the advice. This is certainly reserved in case all other options fail. I have two small children, the youngest is about to start school, a husband and a very good job I don't want to lose. Maybe I can persuade them to send me on a secondment to Paris for 6 months...

What about Germany - seems half of my gf's distant family have got settlement visas to Germany - sth to do with WW2 (sorry, Great Patriotic War!) - I've not idea how to qualify tho. They live in a Russified part of Lübeck in Russian shops, watching Russian telly, eating Russian food. The might as well have stayed at home...

[KHNW2]

What about Germany - seems half of my gf's distant family have got settlement visas to Germany - sth to do with WW2 (sorry, Great Patriotic War!) - I've not idea how to qualify tho. They live in a Russified part of Lübeck in Russian shops, watching Russian telly, eating Russian food. The might as well have stayed at home...

Thanks again for your comment, Wanderer, you are obviously a bit of an expert on this subj. German settlement, to my limited knowledge, is sucessfully sought by either those with German ancestry (there are loads of ethnic Germans in Russia, since 17th century) or those Jews who could prove their family was repressed during WW2/ holocaust. Neither is applicable to me, I am afraid.

Secondly, I am not familiar with Lubeck, but have you ever ventured to Brighton Beach in NYC, or Southall or Brick Lane in London. May be a bit of an eye-opener. Do make your comment about staying at home in one of the shops or restaurants there and kindly let us know what occurs. Best wishes!

[Wanderer]

What about Germany - seems half of my gf's distant family have got settlement visas to Germany - sth to do with WW2 (sorry, Great Patriotic War!) - I've not idea how to qualify tho. They live in a Russified part of Lübeck in Russian shops, watching Russian telly, eating Russian food. The might as well have stayed at home...

Thanks again for your comment, Wanderer, you are obviously a bit of an expert on this subj. German settlement, to my limited knowledge, is sucessfully sought by either those with German ancestry (there are loads of ethnic Germans in Russia, since 17th century) or those Jews who could prove their family was repressed during WW2/ holocaust. Neither is applicable to me, I am afraid.

Secondly, I am not familiar with Lubeck, but have you ever ventured to Brighton Beach in NYC, or Southall or Brick Lane in London. May be a bit of an eye-opener. Do make your comment about staying at home in one of the shops or restaurants there and kindly let us know what occurs. Best wishes!

Moya Padruzhka is Russian, and believe me we tried every angle open to get her a visa - Latvian ancestry, the lot. Anything other than a rushed marriage.

She's been here six years now living with me on a succession of visas but there is no easy/cheap way for us! Student and Post study Work so far...

I love Russia and Russian people, and Russian language, I know I'll be labelled along with all the other Russian Bride Seekers but I don't care, for me it just happened - an accident of fate!

I'm reading "Odin dyen' Ivana Denisovicha" in Russian, Solzhenitsyn at his best, it's hard, Solzhenitsyn uses difficult Russian for the learner - I need the English version to refer to but I'm doing ok!

[KHNW2]

Anything other than a rushed marriage.

She's been here six years now living with me on a succession of visas but there is no easy/cheap way for us! Student and Post study Work so far...

Don't mean to teach you how you should live your life, Wanderer, but it sounds like you've been fighting the system nail and tooth for 6 years to stay with your gf. After 6 years of relationship, I don't know who would accuse you of rushing into a marriage. Why don't you make her an honest woman after all these years, and solve your little visa problem as a side effect? Knowing Russian mentality, women are very patient, but even their patience runs out sooner or later... Best wishes and sorry I mis-read you. It felt like you were a bit condescending in your cheeky posts before. Appreciate your geniune attempt to help people on this forum, not to show off....

[Wanderer]

Anything other than a rushed marriage.

She's been here six years now living with me on a succession of visas but there is no easy/cheap way for us! Student and Post study Work so far...

Don't mean to teach you how you should live your life, Wanderer, but it sounds like you've been fighting the system nail and tooth for 6 years to stay with your gf. After 6 years of relationship, I don't know who would accuse you of rushing into a marriage. Why don't you make her an honest woman after all these years, and solve your little visa problem as a side effect? Knowing Russian mentality, women are very patient, but even their patience runs out sooner or later... Best wishes and sorry I mis-read you. It felt like you were a bit condescending in your cheeky posts before. Appreciate your geniune attempt to help people on this forum, not to show off....

Thanks mate, I know I go too far looking a laugh sometimes, and I know I'm not funny most of the time. It's an illness.

I know what u mean, but I don't think either of us really wants marriage yet, but who knows! plus we want to relocate to Germany - all the visa fun entailed there...

I am a bit jaded on these forums, I am considering leaving them alone and getting on with my own life. Perhaps that why I show off and joke all the time....

[KHNW2]

Just to share my joy... won an appeal for my elderly mother, decision received yesterday... We are over the Moon! thanks to everyone who offered constructive advice!

[hmm]

Just to share my joy... won an appeal for my elderly mother, decision received yesterday... We are over the Moon! thanks to everyone who offered constructive advice!

congratulations. I bet you are over the moon.

update on my mother in law: Her settlement application (from india) is refused on the ground that the ECO is not satisfied that she is financially wholly or mainly depends on us. Strange we explained that in a letter and also submit western union money transfer. Seems like the officer over looked the paper works. Good news is they must have satisfied all the other requirements including the 'most exceptional compassinate circumtances'. we were worried about this. we'll going to write a long letter to an senior ECO officer. Hopefully he'll over turn the decision.