extension to stay

[tifa]

Dear All,

l recently lost my Husband 3 months ago, it was a sudden death. My mum came over from Nigeria to support me and my 4 children. I firstly want to extend her visitor permit if possible (she has 6 months visa, arrived in Aug.) and secondly put in an application for her to stay indefinately under the basis of a dependant.

I would be most grateful if advise can be given on applying for an extension, and infor. i need to give in the covering letter.

Thanking you.

[avjones]

I'm very sorry to hear about your husband's death, it must be so very difficult for you.

What is your own immigration status?

How old is your mother? Does she have an income / savings / house in Nigeria? Does she have any other nationality?

[tifa]

l thank you for your prompt reply, yes it has been very difficult, my youngest child is 5. Answers to your questions are as follows:-

I have indefinate leave to remain in the U.K
She is 77 years old
She has no income i regularly send money home to her in Nigeria.

I am trying to apply on grounds of compassion leave.

I have just realised that i posted on the wrong forum. So sorry.

Thank you

[avjones]

Rather than compassionate reasons, which are almost always refused in my experience, have a look at this section of the Immigration Rules first:

Requirements for indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom

317. The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:

(i) is related to a person present and settled in the United Kingdom in one of the following ways:

(a) mother or grandmother who is a widow aged 65 years or over; or

(b) n/a

(c) n/a

(d) n/a

(e) n/a

(f) n/a

(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and

(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and

(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and

(v) has no other close relatives in his own country to whom he could turn for financial support; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

Your mother would probably need to return to Nigeria to make the application.

When she applied for her visitor's visa, what did she say there about her relatives / home / income in Nigeria?

Can you afford to support her? Are you working, or have sufficent savings, etc? Does she have other children at home?

[tifa]

Thanks Again,

Does she need to go back to Nigeria to apply for an extension? I have read all the rules and she qualifies, she is solely dependant on me, no other children in nigeria, i have proof that i have been sending home money. l am not employed, my late husband was the main income earner, l would be looking for work soon, but hoped to show immigration that i have sufficient money, i.e money from insurance and other savings to maintain and support her.

l am applying at the moment for visa extension b/f the stay, what are the chances of her getting an extension to her present 6 months visa?

Thanks

[avjones]

Generally, there is a no-switching provision from visitor status to another status.

In the light of your own circumstances, it might be possible to make an application in-country. But you need personal legal advice, really, I don't think it can be taken much further on a forum such as this.

[vinny]

See also TOURIST VISA TO ILR, HELP:

Actually, elderly dependent relative is one of the few remaining categories where someone can switch from visitor to ILR.

See also:
Chapter 8 - Family members, Section 6 - Dependant relatives
Chapter 8 - Family members annexes, Annex V - Parents and grandparents