Mother's Dependent Visa Refused

[nnishit]

Hi

My mother's family settlement visa was refused today. I will be appealing against this decision using Form IAFT-2, and would appreciate and guidance/support the forum members can provide.

Mother's Circumstance
Recently retired teacher, single woman, with disability caused by arthritis. I am her only son, and have supported her financially for the past 3 years, sending her money every month. Now that she has retired, and her health is getting worse, I want her to join me in the UK and live with me.

My Circumstance
I am a British citizen, in a stable job and mortgage.

Reasons for Refusal
1) She receives financial support from me and she since retirement she has received a large some of money from her employer as a severance package - However, this fund is not enough for her to sustain her living
2) She has a brother and sister living in the same city - However, my mother has no contact with them, and moreover they are both very old and disabled.
3) She has traveled to the UK in 2008, 2009, and 2010 with her arthritis - However, since 2010, her condition has severely deteriorated, and she cannot even walk anymore and needs wheelchair.
4) She can get a domestic worker to help her with her day to day activities - However, she is getting very old now, and is always taken advantage by people who work for her.

Any advice will be very much appreciated, as my mother's condition is very bad, and today's news has left her heartbroken. I need to get her here ASAP.

Thanks in advance
Nishit

[Wanderer]

Sorry, but realistically you have very little chance here.

These visa's are impossible to obtain, if you search the site you'll see why but basically if you can afford the financial undertakings needed under the visa rules (no public fund, no NHS, health insurance required), then you can afford the best quality health care in her home country.

Also by applying for this visa and being rejected, there's no chance of a visit visa in the future either, as an attempt to settle has been demonstrated.

With the ongoing support you provide, the cost of local care and family nearby, the visa rejection is justified and an appeal will be a waste of time.

[catch_hunter]

Is it not possible to get her as a student if the dependency visa is rejected?

[nnishit]

Sorry, but realistically you have very little chance here.

These visa's are impossible to obtain, if you search the site you'll see why but basically if you can afford the financial undertakings needed under the visa rules (no public fund, no NHS, health insurance required), then you can afford the best quality health care in her home country.

Also by applying for this visa and being rejected, there's no chance of a visit visa in the future either, as an attempt to settle has been demonstrated.

With the ongoing support you provide, the cost of local care and family nearby, the visa rejection is justified and an appeal will be a waste of time.

Thanks for the post Wanderer.

I don't know if you read my argument clearly in my OP, or maybe I wasn't clear - but my mother doesn't have family nearby, and the on going support is not sustainable. She is alone, disabled, and with very limited funds to support herself. I can support her financially from the UK, but sometimes it's not about the money. I don't know how old you are , but if I were my mother's age, I certainly wouldn't want to be left alone. There is also a cultural consideration to be had, and with an Indian background, I most certainly will not leave my mother with a monthly cheque to fend herself in her old age.

As an eternal optimist, I will give the appeal a good go.

[Wanderer]

Sorry, but realistically you have very little chance here.

These visa's are impossible to obtain, if you search the site you'll see why but basically if you can afford the financial undertakings needed under the visa rules (no public fund, no NHS, health insurance required), then you can afford the best quality health care in her home country.

Also by applying for this visa and being rejected, there's no chance of a visit visa in the future either, as an attempt to settle has been demonstrated.

With the ongoing support you provide, the cost of local care and family nearby, the visa rejection is justified and an appeal will be a waste of time.

Thanks for the post Wanderer.

I don't know if you read my argument clearly in my OP, or maybe I wasn't clear - but my mother doesn't have family nearby, and the on going support is not sustainable. She is alone, disabled, and with very limited funds to support herself. I can support her financially from the UK, but sometimes it's not about the money. I don't know how old you are , but if I were my mother's age, I certainly wouldn't want to be left alone. There is also a cultural consideration to be had, and with an Indian background, I most certainly will not leave my mother with a monthly cheque to fend herself in her old age.

As an eternal optimist, I will give the appeal a good go.

I hear ya, but the culture here is the opposite, and it's a an issue generally with immigration, the archetype of the South Asian 'coming over here' and 'bring their entire family' - we all know it doesn't happen, it can't but the average voter doesn't see it that way and the politcial parties look to appease the easy wins. Hence chain migration will never make it onto the UK immigration statute book.

I understand too re: family at home, and UKVI will take the view that family issues are no concern to them, that's for you as a family to reconcile, is it fair to grant a visa because of of family domestics?

You have to think too about the financial undertakings you have to provide for five years, that's a huge amount of money especially in heath insurance premiums, for an older person with pre-existing conditions that's upward of £1000 a month.....

Since the rules where tightened in 2012 we've only seen 2/3 of these visas granted, and I suspect those are applicants from countries with very high health care costs, i.e. USA. As the rules stand it's a catch 22 situation, and thereby I can only recommend you consider:

1. Surinder Singh route - live in another EU state for 12 months or so - bring your mother to that state as an extended family member, and relocate to UK. UKVI is actively blocking this tho.

2. Move back home. Sorry to be blunt but it has to be an option.

[nnishit]

Thank you all for the different perspectives, which in ways have been very helpful. I cannot leave my mother alone in India, and will pursue an appeal. I will keep you posted.