Mother dependent visa (indefinite leave to remain) appeal

[Shazmalikhussein]

Hi there,
I am British citizen and my mother is Pakistani citizen. I applied for her indefinite leave but this was refused in sept 2011 by British embassy in pak. I have now appealed against the decision and asked for hearing.

Can someone please advice on good lawyer or barrister or any other advice please?

Background of case: my mother is 61 yr old and live by herself in pak. I have proofed this successfully along with the fact that she is financially dependent on me. Refusal was done on the basis that she has other family in pak. And she can live with them. I explained in my application that she cannot live my sister as she is now married and live in other city and my mother extended family cannot accommodate my mother. I can provide more details if required. Thanks in advance for reading any advice would be appreciated.

Thanks a lot.

Shazad

[sg2at]

Shazad,

Did you provide any statements from your sister stating she cannot support?

What other close relatives your mother have in the country? Did you provide any affidavits from them to sugest that its difficult for them to support your mother?

Please provide the wording of refusal? who is launching the apeal on your behalf. Sounds like you are looking for advice on choice of an expert lawyer?

Regards
sg2at

[sg2at]

shahzad,

Did you mention any compassionate medical grounds and need for care?

sounds like you have not had any representation from an expert immigration lawyer.

Regards
sg2at

[Shazmalikhussein]

Hi mate,

thanks for replying. I did mention medical grounds but briefly as i thought writing full details (there was no space by the way to specifically write about health) will show a picture of her being burden on NHS and application may be refused. This by the way was one of the reason on the refusal letter. Now in appeal i have provided medical tests to show evidence that she is not well.

Other reason was family in pak. i did provide evidence that my sis does not live in same city as my mom, after sis marriage. there was wording in application to show that this would not be possible.

all in all i need to know if someone is aware of good lawyer... which i can appoint to represent me in appeal. Do you know anyone??

[innocentdevil]

search for immigration lawyers in your area.
Smith Stone Walters i have heard nothing but praise about them though i don't know if they do family cases but give them a ring.

[sg2at]

The immigration rules - guidence for the Case Officer / Entry Clearance Officer clearly state that married women in sub continent are culturally dependant themselves. They cannot be expected to look after an elderly dependant.

The guidence further says that applicants medical conditions should be considered as part of the overall assessment of case. They seem to have used the medical conditions against you? which is extremly unfair. Its clearly normal for elderly people to have medical conditions however this doesnt come above your fundamental rights to have a family life. There is an article 8 argument here which needs persuing.

Guidence for ECO does not say anywhere to refuse on the grounds of chances that the person will become a burden on NHS.

I am guessing you already have read following guidence for the case workers / entry clearance officers.

http://www.ukba.homeoffice.gov.uk/polic ... /set/set8/

I know of a OSIC level 3 immigration consultant whome I have found quiet knowledgable and switched on.

website is www.medivisas.com

My parents are here from Pakistan and I am in a process of applying for my parents' ILR from UK and currently having discussions with a variety lawyers to explore my options and the case.

I think you stand a fighting chance of success in court if those are the only grounds of refusal.

What other grounds of refusal did they give in the letter?

Good Luck.

Regards

[Greenie]

as the mother is under 65 she needs to demonstrate that she is not only living alone, and wholly or mainly financially dependent on her son, but that she is living alone in "the most exceptional compassionate circumstances". It is not clear that this is the case.