ILR for 65 year old widowed mother

[RinkuWad]

Hi,

I am a British citizen. My mother is an Indian citizen, widowed and 65 years old. She is currently visiting me in the UK. My mother is wholly financially dependent on me and I have been sending her money for the past few years. I have a sister who is married and lives in India but my mother cannot and does not rely on her for financial help.

Should I apply for an ILR for her from here in the UK or should I do this once she is back in India? I am worried that the authorities might not take kindly to her entering the UK on a visitors visa and then applying for an ILR from here. Should I not be worried about this? What are the chances of her application being successful? If the application is rejected do I have the right to appeal?


Thanks,

[Lucapooka]

Generally, unless there has been a sudden and significant change in their circumstances (that prevents their return) during their visit, applications of this kind from inside the UK (rather than as entry clearance from outside the UK) are refused.

[RinkuWad]

I have family friends who applied for an ILR for their mother 2 years ago whilst she was in the UK and that was approved, so there is a precedent where the authorities have granted an application made from the UK. Do you think that was an exception?

[Lucapooka]

I would no idea as I don't know the circumstances. All I'm saying is that if you apply and get refused she will find it impossible to get another visit visa. You should not consider taking any action until you have spoken to a lawyer who can hear the full story. Nothing you have said on this forum indicates anything one way or the other.

[RinkuWad]

Thanks very much for your prompt repose.

I consulted a lawyer regarding this on Friday, and according to him my mother has a strong case especially as she has been spending 5 months of her time over the last 8 years in England since my father passed away, but he could not give me any guarantees. He did say that if my mother's visa gets refused then she will not be able to come back on a visitor's visa. He also said that as my mother has medical issues that will make her case stronger which I found surprising. Is he correct in saying that? He did say that if her request was turned down then she could appeal? Is he correct in saying that as well?



Thanks,