Family visitor - refused leave to enter

[vmd]

Hello experts,

My mother has been issued IS82 No AR RLE form confirming she has been Refused Leave to Enter the UK. This was due to her over stay during the previous trip to UK.
We booked her return flight for the travel back will be leaving soon (she got temporary admission).

My mother still got family visitor visa till end of 2019.

Questions I have
1. when can she travel back to UK?
2. is there any further approval to be attained prior to her travel back to UK in the future as she was “REMOVED” from UK?
3. she is a widow and had stayed bit longer with me on compassionate reasons. Is it feasible to apply for ILR route (ILR for elderly parent) now so that she can be back in UK as soon as possible

Thanks in advance for your inputs.

[CR001]

Refused Leave to Enter the UK

What did she apply for? To enter on her visitor visa??

How long did she stay previously and when did she depart the UK?

She should NOT be using a visitor visa to 'live' in the UK.

Is it feasible to apply for ILR route (ILR for elderly parent) now so that she can be back in UK as soon as possible

Impossible to get these adult dependent relative visas.

[vmd]

Thanks for the reply CR001.

She was refused to enter at UK airport on her existing family visitor visa.
She had stayed 5 months during the last trip. But tried to re-enter after 2 weeks.
Prior to the last trip, she had stayed for 11 months.

[CR001]

Thanks for the reply CR001.

She was refused to enter at UK airport on her existing family visitor visa.
She had stayed 5 months during the last trip. But tried to re-enter after 2 weeks. Way too soon to return after a 5 month visit.
Prior to the last trip, she had stayed for 11 months. This is not permitted, she should not be staying in the UK for longer than she lives in her home country

She can be lucky her visa was not cancelled but she can expect to be question each time she returns now as it will red flag on the system instantly.

The possibly of getting another visit visa after this one expires will also become harder for her and all these issue will be flagged up the minute she applies.

She is abusing the visit visa and using it to 'reside' in the UK and therefore is not a genuine visitor.

I hope for her sake that she is not using the free NHS for meds/treatment etc while here.

[vinny]

Prior to the last trip, she had stayed for 11 months.

They normally grant visitors leave to enter for six months. If she overstayed over 90 days, then she was subject to a one year ban.

[vmd]

Thanks for the reply CR001.

She is not using NHS.

1. when is the ideal time for her to travel back to UK?
2. is there any further approval to be attained prior to her travel back to UK in the future as she was “REMOVED” from UK?

[vmd]

Prior to the last trip, she had stayed for 11 months.

They normally grant visitors leave to enter for six months. If she overstayed over 90 days, then she was subject to a one year ban.

Thanks Vinny.

[vmd]

is there any further approval to be attained prior to her travel back to UK in the future as she was “REMOVED” from UK?

[vinny]

What did the refusal notice say in full?

[vmd]

"Notice of refusal of leave to enter"
You have asked for leave to enter The UK as a visitor for 5 months.
After examining your stamps on the passport i am convinced that you have overstayed during your previous visit.
A visitor is a person who is coming to UK for a maximum of up to six months within a twelve month rollling period, for a temporary purpose.
You have not sought entry under any other provisions under the immigration rules.
I am therefore not satisfied that you are eligible for entry to the UK as a visitor and I therefore refuse you leave to enter The UK.

REMOVAL DIRECTIONS:
I propose to give directions for your removal to home country by flights to be confirmed.

[vinny]

If she was removed, then they may refuse her leave to enter as a visitor for at least 10 years under 320(7B)(vi).

However, if they refused her leave to enter, then she was deemed not to enter the United Kingdom under 11(1). If she was deemed not to enter the UK, then how can she be "removed"? They may refuse her leave to enter as a visitor for at least one year (8).

However, if they consider refusing under 320(11) as well, then the period of refusal may be undefined.

She should ask them for a written answer.