Both settlement and visitor visa rejected for mother

[tulips4u]

Dear All,

I am posting this on behalf of a friend as she’s under a lot of pressure due to personal circumstances. Any advice will be greatly appreciated.


The immediate query is: My friend’s mother has applied for a 2 year tourist visa and has just been rejected. Should they submit a fresh application or appeal pls?

BACKGROUND: My friend’s mother had applied for settlement in 2010 on grounds of being the only parent (her husband is dead) left in India with both her children being abroad (in the UK and Italy). The visa had been rejected at that point because she had been only 59 years and not old enough to be dependent.

Since then, she had not applied for a UK visa until last month which was for a 2-year multiple entry. The HO has rejected this time declaring concerns of her staying behind in the UK.

Prior to 2010 she had travelled to the UK on multiple occasions and has no history at all of overstaying or any other breach of conditions.

My friend really needs her mother to come in June to help her look after child with special needs and she does not know what’s best to do/ which route to take.

Any help/advice would be greatly appreciated.
Many thanks in advance

[Casa]

Sadly, once an Adult Dependent settlement application is refused, this closes the door for all future visitor visas due to the prior intention to settle. There is no appeal option for refused visitor visa applications unless under Human Rights, or alternatively a Judicial Review. This article from Free Movement explains clearly:
https://www.freemovement.org.uk/visit-v ... al-review/

Note however, in the article the following in particular:
"The Home Office view is that refusal of visit visas will not generally raise human rights issues. It is only where the visit is between a spouse or other life partner or a parent and a minor child that the Home Office considers human rights might be engaged, and even then if visits can be conducted in another country then human rights are supposedly not engaged."

But this later on, gives some hope:
"A visit of a young child to the UK to see a parent or a parent to see a young child would also appear to engage human rights protection at some level. The same might be said of a visit of an elderly relative to see his or her children and family in the UK where settlement is not an option because of the Catch-22 nature of the new dependent relative rules."

[CR001]

Will be easier for the parent to join the sibling in Italy under the EU rules.

[tulips4u]

Dear Casa and CR001,

Thanks very much for your prompt and clear advise. It's really sad cause it's a genuine case within quite trying circumstances. I will pass this info to her. If nothing else this would save her some funds which she would have otherwise spent on lawyers! (and there are plenty of immigration lawyers who don't know the first thing about immigration law, but take the money anyway! )

Once again, thanks very much. Much appreciated.

[Casa]

Will be easier for the parent to join the sibling in Italy under the EU rules.

Char, it's a mother wanting to visit her pregnant daughter in the UK.

Edit: Ah! I see what you mean now. Better that she settles with her other child in Italy!