Visitor Visa for mother - deported in 2007

[huqqapani]

Q1. I wish to sponsor my mother to come to UK and would like to know the requirements from my side?

I'm currently on tier 2 g but waiting for the outcome of my ILR long residence application. If successful I will have ILR by Nov/Dec, the time I wish to apply for my mothers visit to UK.

The ISSUE is that she applied for asylum with rest of my family (brothers and sisters) in 2005 and was refused and deported in 2006/07. I wasn't part of the family that applied for asylum as I had been resident since 2003.

Q2. So, what is the likelihood of her given a visa. The main purpose for me calling her is that my wife is pregnant and I need someone from my family to be with her during and after.

Can seniors and/or experienced members please guide me on this as soon as possible.

[huqqapani]

Folks, can you please respond to my query above?

[Amber]

See Part 9 - General grounds for the refusal of entry clearance, leave to enter or variation of leave to enter or remain in the United Kingdom (click)

(7B) where the applicant has previously breached the UK's immigration laws (and was 18 or over at the time of his most recent breach)by:

(a) Overstaying;

(b) breaching a condition attached to his leave;

(c) being an Illegal Entrant;

(d) using Deception in an application for entry clearance, leave to enter or remain, or in order to obtain documents from the Secretary of State or a third party required in support of the application (whether successful or not);

unless the applicant:

(i) Overstayed for 90 days or less and left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State;

(ii) used Deception in an application for entry clearance more than 10 years ago;

(iii) left the UK voluntarily, not at the expense (directly or indirectly) of the Secretary of State, more than 12 months ago;

(iv) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 2 years ago; and the date the person left the UK was no more than 6 months after the date on which the person was given notice of the removal decision, or no more than 6 months after the date on which the person no longer had a pending appeal; whichever is the later;

(v) left the UK voluntarily, at the expense (directly or indirectly) of the Secretary of State, more than 5 years ago;

(vi) was removed or deported from the UK more than 10 years ago or;

(vii) left or was removed from the UK as a condition of a caution issued in accordance with s.134 Legal Aid, Sentencing and Punishment of Offenders Act 2012 more than 5 years ago.

[huqqapani]

Thanks Amber

so it means that she can't enter UK unless 10 years have been passed from her deportation date? Also, is their discretion exercised in these 'refusal grounds' such as ill health of sponsor who wants to see the family member or these fall for refusal without discretion.

[huqqapani]

hi Amber, I know the last on this thread was sometime ago. Unfortunately the question still applies.

Do you know whether 10years limit would still apply if I was able to make a case for my wife previous health issues ?

I would really appreciate some guidance on this please.