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Absurd Refusal- Human Rights Violation?

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Otto D
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Absurd Refusal- Human Rights Violation?

Post by Otto D » Wed Jul 19, 2017 5:05 pm

Hello all,

So I was recently refused a visa which I applied for under no specific category as it was a human rights issue.
My entire situation is as follows. I'm a Moroccan national who came to the UK 4.5 years ago to do a psychology degree. During that time, I was living with my elderly and severely ill grandmother, a British national, and who requires round the clock care; I had to deal with all her medical related issues, monitor medicine intake, translate, manage her bills and letters, aid in her day to day chores etc. I subsequently applied for a visa on the basis of continuing to care for her for the time being, as there was absolutely no foreseeable alternative- my brother and parents are all full time workers, my brother bring a uk resident and parents in Morocco, who don't speak English either. Also, I have been living with her for quiet a while now and know all the ins and outs of her medical condition as well as dealing with her peculiar behavior; she has Parkinsons and a number of physical and mental impairments that go with the continued deterioration that the disease brings. Simply put, without me she would without question die. We submitted what we thought was a rock solid visa application that hit on all these aspects, and still got refused based on the most absurd nitpicky reasons. One reason was me having left the uk intermittently since being here and being unable to provide care for her during those times, when I had in fact only left for about a week per year to visit Morocco, totally disregarding that she might have traveled with me during those times which was in fact the case. Another was my brother could provide care, totally failing to understand that he is a full time worker and she requires ROUND THE CLOCK care that only I can provide at this time. A couple of other reasons were stated and all were poor and could easily be rebuttaled. Despite thinking we did a good job in portraying the gravity of her illness, they still have the audacity to massively disregard the situation which was just disgusting.

I have recently been sent a is96 document telling me to report bi-monthly. I wasn't even sent a refusal letter, and was notified of the refusal upon my first reporting session yesterday. The refusal letter states that I can only appeal once I have left the city (I was told going that route is not ideal- going about the case from here in the UK should always be the preferred primary option). I would love to hear some opinions from all angles, your help is very much appreciated.

Much love,

Otto

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Re: Absurd Refusal- Human Rights Violation?

Post by Wanderer » Wed Jul 19, 2017 7:01 pm

Surely a carer can look after her? Why you? There is no visa for that...

Refusal seems fair to me.
An chéad stad eile Stáisiún Uí Chonghaile....

Otto D
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Re: Absurd Refusal- Human Rights Violation?

Post by Otto D » Wed Jul 19, 2017 7:41 pm

Wanderer wrote:Surely a carer can look after her? Why you? There is no visa for that...

Refusal seems fair to me.
Cheers for the reply.

We have thoroughly exploited the idea of a carer but there are a couple of reasons why that can't happen. Firstly a carer to provide daily round-the-clock care costs a fortune, let alone one that speaks Moroccan. Secondly, she is severely mentally distressed and only I can manage her peculiar behavior and habits because I got to know her very well throughout the years. Only I can provide the intense tailored care she requires at this time. Because of this, she has also refused and cannot fathom the idea of an outside carer to replace me. It's more than just a straightforward dynamic issue, otherwise I would have got this sorted a long time ago and headed over to the US to continue my life (as I am legally able to do so).

Thanks again.

Otto D
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Re: Absurd Refusal- Human Rights Violation?

Post by Otto D » Wed Jul 19, 2017 8:20 pm

In addition to the matter at hand, needless to say, but I have also grew to have a sentimental connection with the country. Because I have cultivated both my professional and personal life in here, and the home office being notoriously known for their conniving and inhumane conduct, I do not wanna go out without a fight. I have read a few other posts on this forum and the help that is provided is both beautifully intricate and candid which I very much admire. I would love to hear all my options at this point, even the extreme measures if any. Like I said, I will not go out without a fight to these crooks. Thanks ever so much in advance.

Otto

Otto D
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Re: Absurd Refusal- Human Rights Violation?

Post by Otto D » Thu Jul 20, 2017 5:08 am

Also, do I qualify for an ancestry visa?

Would love to hear all my options at this time.

Thanks in advance.

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CR001
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Re: Absurd Refusal- Human Rights Violation?

Post by CR001 » Thu Jul 20, 2017 8:17 am

Otto D wrote:Also, do I qualify for an ancestry visa?

Would love to hear all my options at this time.

Thanks in advance.
No you don't qualify for an ancestry visa. You have be a national from a commonwealth country with a UK born grandparent.
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thatguyuknow
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Re: Absurd Refusal- Human Rights Violation?

Post by thatguyuknow » Wed Jul 26, 2017 1:11 am

You say your grandmother is a British national, do you meen British Citizen?
Where was she born? When/how did she get her BC? Was she a BC before your parent was born?

If you're Grandmother was a BC when your parent was born you may have a have a claim by descent.

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Re: Absurd Refusal- Human Rights Violation?

Post by Otto D » Thu Aug 03, 2017 4:27 pm

thatguyuknow wrote:You say your grandmother is a British national, do you meen British Citizen?
Where was she born? When/how did she get her BC? Was she a BC before your parent was born?

If you're Grandmother was a BC when your parent was born you may have a have a claim by descent.
she was born in morocco but obtained her BC as an infant since both her parents were born in Britain. She had her BC indeed before my mother was born

Otto D
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Re: Absurd Refusal- Human Rights Violation?

Post by Otto D » Thu Aug 03, 2017 4:28 pm

thatguyuknow wrote:You say your grandmother is a British national, do you meen British Citizen?
Where was she born? When/how did she get her BC? Was she a BC before your parent was born?

If you're Grandmother was a BC when your parent was born you may have a have a claim by descent.
Appreciate the response.

She was born in morocco but obtained her BC as an infant since both her parents were born in Britain. She had her BC indeed before my mother was born.

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Re: Absurd Refusal- Human Rights Violation?

Post by CR001 » Thu Aug 03, 2017 4:44 pm

If your mother was British by descent, born abroad to British citizens otherwise than descent, then you could look into form UKM.
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Otto D
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Re: Absurd Refusal- Human Rights Violation?

Post by Otto D » Thu Aug 03, 2017 5:43 pm

CR001 wrote:If your mother was British by descent, born abroad to British citizens otherwise than descent, then you could look into form UKM.
Thanks for the reply.

Is form UKM relevant to my case, or my mother? My mother, despite being born to a parent with BC, has never applied for citizenship herself, as we were told it was too late since she must've done so as a child. We were told she must at present consequently reside in the UK for a minimum of 3 years before having a claim in that regard. Is that the case?

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Re: Absurd Refusal- Human Rights Violation?

Post by CR001 » Thu Aug 03, 2017 5:50 pm

Misread your post stating your grandmother was born BC by descent in Morocco.

Sorry.
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