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Dependent Visa for Mother under the age of 65

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negiyk
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Dependent Visa for Mother under the age of 65

Post by negiyk » Tue May 01, 2012 11:57 am

Hello All,

I am looking to apply for the dependent Visa for Mother under the age of 65.
-She is widow (Father died in 1997)
-She is under 65
-She is alone in India now ( Brother died on 27 Mar 2012, after his death girl's parent took her and one 3 years old child with them, so that they can get her re-marriage which of course we want because she is so young (27) for rest of her life to spend as widow.

-Only sister leave in India now but she is married and leaving in different city so she can't take care of her.

I found the below information on most of the sites for dependent Visa for parent under 65

· Parents or Grandparents under the age of 65 living alone in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the UK.

Please let me what are the "most exceptional compassionate circumstances" mentioned above.

Can I apply for the dependent visa now?

or if she come here on visiting visa for 3 years and can apply for the dependent visa when she will at 65; will this visiting visa will create any problem in attaining the dependent visa.


please reply asap. thanks to all in advance.

Please Kaya and Dip provide me your valuable suggestions

vinny
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Post by vinny » Tue May 01, 2012 12:15 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Greenie
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Post by Greenie » Tue May 01, 2012 12:18 pm

family visitors cannot come for 3 years, they can generally only come for 6 months in any 12 month period.

what about her current circumstances are "most exceptional compassionate"?

Is she financially dependent on you?

what is your status in the UK?

negiyk
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Post by negiyk » Tue May 01, 2012 4:25 pm

Yes She is financially dependent on me.
I am here on settlement Visa with my family and in the process of getting the citizenship in month or more.

Greenie
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Post by Greenie » Tue May 01, 2012 4:54 pm

And what about my other question. What about her circumstances are the most exceptional compassionate circumstances?

negiyk
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Post by negiyk » Tue May 01, 2012 5:27 pm

What about her circumstances are the most exceptional compassionate circumstances.

I don't know what exactly this means; this is why asked in my query what is this?

What I can say is that she is now alone at home, at one time the there were 5 members in the family.

Last year my younger sister died because of cancer, which reduced the family size to 4.

This year my younger brother died because of accident, which reduced the family size to 3.

Brother's in-laws took there daughter (brother's wife) to get her re-marriage and grand (brother's daughter 2 year old) has to stay with her mother even as per the law.

only my mother left at home now,
How can she leave alone at home, doing all jobs at the age of 62; don't you think this is most exceptional compassionate circumstances.

negiyk
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Post by negiyk » Wed May 02, 2012 12:30 pm

Please anyone reply, its really very urgent I need to decide what I need to do?

Greenie
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Post by Greenie » Wed May 02, 2012 1:12 pm

do read the guidance pages in vinny's thread. each case is a considered on a case by case basis. It's not enough that she is living alone to make her circumstances exceptional compassionate circumstances. She has to show that her circumstances are exceptional in relation to other applicants in the same position.

See entry clearance guidance

and IDI

It is always advisable to seek advice from a competent immigration solicitor for such applications as they will be able to look at the evidence before them and advise you on your chances. You need to bear in mind that any failed application for settlement is likely to make any future application for a visit visa very difficult. The 'most exceptional compassionate circumstances' hurdle is one that is very difficult to overcome.

negiyk
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Post by negiyk » Wed May 02, 2012 1:18 pm

Thanks for your reply. I will go through the link which you sent.


if this is the case then can I bring her here on Visitor visa for 3 years till she will be 65 then I can apply for the dependent visa, will this visitor visa will create any problem to get the dependent visa.

They might ask after three years that why you want to apply for the dependent visa now when from last 3 years you going there on visitor visa.

Greenie
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Post by Greenie » Wed May 02, 2012 1:58 pm

she can't visit you for 3 years. she can only visit you for up to 6 months at a time, and no more than 6 months in a 12 month period.

negiyk
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Post by negiyk » Wed May 02, 2012 2:53 pm

Yes I mean 3 times for 6 months in 3 years.

But will this visit on Visitor visa will create any problem when she will apply for dependent visa when she will be 65. that's the only concern I have now.


if this won't effect then I can do this way.

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