Widow of UK citizen

tafa · Post by **tafa** » Mon Sep 10, 2007 2:15 pm

Hi All

This is my first post and would welcome your help.

A friend of mine is a 60 year old South African citizen (resident in Zimbabwe) who was married to a UK citizen who died 11 years ago. She has two children both of whom are British citizens. Her adult son is resident here and her adult daughter, who has a mental disability (and is cared for by her mother) stays in Zimbabwe, but is seeking to relocate to the UK.

I have the following question: Does my friend have a claim to reside in the UK due to:
a) her marriage to a British citizen - now deceased.
b) sponsorship by her son.
b) the fact that she cares for and is in fact the legal guardian of her mentally disabled daughter - a British citizen.
c) general exceptional circumstances.

I would appreciate any assistance you may have.

Kind regards

Tafa

SYH · Post by **SYH** » Mon Sep 10, 2007 2:22 pm

tafa wrote:Hi All

This is my first post and would welcome your help.

A friend of mine is a 60 year old South African citizen (resident in Zimbabwe) who was married to a UK citizen who died 11 years ago. She has two children both of whom are British citizens. Her adult son is resident here and her adult daughter, who has a mental disability (and is cared for by her mother) stays in Zimbabwe, but is seeking to relocate to the UK.

I have the following question: Does my friend have a claim to reside in the UK due to:
a) her marriage to a British citizen - now deceased. DING too late
b) sponsorship by her son. Possible due to her age
b) the fact that she cares for and is in fact the legal guardian of her mentally disabled daughter - a British citizen. Half Ding, it sounds halfbaked when the daughter is being cared for in zimbabwe.c) general exceptional circumstances. Ding what exceptional circumstances
I would appreciate any assistance you may have.

Kind regards

Tafa

tafa · Post by **tafa** » Mon Sep 10, 2007 2:33 pm

Thank you for the reply SYH:

a) I understand that she would only be elible for a right of abode as the dependent parent of a UK citizen once she reaches 65. Is there some discretion here or is 65 a concrete requirement?
b) Her daughter is being forced to leave Zimbabwe due to the economic situation and as her carer and guardian my friend is seeking a way of joing her daughter in the UK to take care of her.
c) Exceptional circumstances: mentally disabled daughter forced to leave Zimbabwe and 60 year old mother (also widow of UK citizen) seeking to join her?

I seem to be clutching at straws here but the response from immigration lawyers has been - give it shot (and pay us our fees of course) but no guarantees. I am just reluctant to spend money if there is no hope of succeding.

Thank you once again.

Tafa

sakura · Post by **sakura** » Mon Sep 10, 2007 2:36 pm

tafa wrote:Hi All

This is my first post and would welcome your help.

A friend of mine is a 60 year old South African citizen (resident in Zimbabwe) who was married to a UK citizen who died 11 years ago. She has two children both of whom are British citizens. Her adult son is resident here and her adult daughter, who has a mental disability (and is cared for by her mother) stays in Zimbabwe, but is seeking to relocate to the UK.

I have the following question: Does my friend have a claim to reside in the UK due to:
a) her marriage to a British citizen - now deceased.
b) sponsorship by her son.
b) the fact that she cares for and is in fact the legal guardian of her mentally disabled daughter - a British citizen.
c) general exceptional circumstances.

I would appreciate any assistance you may have.

Kind regards

Tafa

The mother's arguments would be strong. She can be sponsored by her son, but he needs to provide evidence that she has been dependent on him and that she cannot cope any longer in Zim. Is that possible? Dependency includes monetary, health/education, living costs, etc.

It's probably easier to apply as the guardian of her daughter - but her mental disability might have to require care by her mum. If she requires attention by her mother, there might be an exceptional circumstance argument, especially since the child is a BC and so would be entitled to returning home. I just mean...it might depend on the 'severity' of the disability?

I suggest they seek legal advice. I'm not 100% sure on the husband argument, but that might not matter anyway. Tell the son to contact Citizens Advice Bureau (CAB) in the UK - or any other free advisors for immigration advice (I'm not promoting them

). If he's located in London/SE or another major city, there are loads of free advisors he can contact.

tafa · Post by **tafa** » Mon Sep 10, 2007 2:44 pm

Thank you Sakura

I definitely have some hope now. I think her son has been sending money etc to Zimbabwe so that might be an avenue to explore. Furthermore, her daughter is severely disabled and is incapable to taking care of herself.

I will give the Citizens Bureau a try.

Tafa

SYH · Post by **SYH** » Mon Sep 10, 2007 3:07 pm

tafa wrote:Thank you for the reply SYH:

a) I understand that she would only be elible for a right of abode as the dependent parent of a UK citizen once she reaches 65. Is there some discretion here or is 65 a concrete requirement? What sakura said
b) Her daughter is being forced to leave Zimbabwe due to the economic situation and as her carer and guardian my friend is seeking a way of joing her daughter in the UK to take care of her. The rest of the story helpsc) Exceptional circumstances: mentally disabled daughter forced to leave Zimbabwe and 60 year old mother (also widow of UK citizen) seeking to join her?
Why is she being foreced out?
ITafa

tafa · Post by **tafa** » Mon Sep 10, 2007 3:32 pm

Thanks SYH

She is not actually being forced out ie. political oppression etc but she is unable to receive the phsychological and medical treatment she requires in Zim. Furthermore, as a white Zimbabwean and given the economic crisis in Zim my friend is unable to support herself or her daughter.

I hope that adds some clarity.

Post by **Administrator** » Mon Sep 10, 2007 3:53 pm

.

tafa wrote:... given the economic crisis in Zim my friend is unable to support herself or her daughter.

And, how will she support herself and her daughter in the UK?

From what you outlined, the strategy seems to be that the son will support & sponsor both of them (somehow?).

Not trying to shoot you down ... but, this is how Immigration will (probably) see it. So, some answers and strategy around that should be considered to prevent that from being the reason for a denial.

Maybe the son can take full, legal guardianship of the sister ...? Bring her in as a dependent (UK citizen) relative (he will need to demonstrate he can support her). Then later he can sponsor his mother ..?

If the mother is not the caretaker for the daughter, her life in Zimbabwe might be stable and sustainable for a short time until she can come in as a dependent parent ...?

These might be dead-ends, but there might be something there that could work.

the Admin

tafa · Post by **tafa** » Mon Sep 10, 2007 4:09 pm

Thanks Administrator

Re Adoption - this would not really be necessary as the disabled daughter is a UK Citizen so she would have right of abode and access to healthcare and further benefits.

Re 60 year old mother supporting herself in the UK - this would be a problem and one would need to motivate why she would not be a burden on the state - ie. son (UK citizen) would show evidence of previous support and give and undertaking to continue supporting his mother.

I suspect that one would need to apply on several grounds - dependent parent of 2 UK citizens, situation in Zimbabwe, guardian of a UK citizen, care giver of UK disabled person - and hope that together all the information would give exceptional circumstances.

I do know its a longshot but it would be great to have a view on the chances of success. If there is no chance of success then daughter would need to live with her brother (perhaps also have a formal adoption), mother would have to return to Zim and apply as a dependent parent when she turns 65.

VictoriaS · Post by **VictoriaS** » Wed Sep 12, 2007 6:02 pm

Administrator wrote:.

And, how will she support herself and her daughter in the UK?

From what you outlined, the strategy seems to be that the son will support & sponsor both of them (somehow?).

If the mother can show that she is entirely dependent on her son then that will HELP her case!

I think that you have a good case outside of the rules for leave to enter. I woudl recommend that she contacts a specialist immigration advisor. You can get a list on www.oisc.gov.uk

Victoria

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