Mother's visit visa

[ms2011]

Dear all,

We have had applied for my mother visit visa in Feb 2015 been rejected. We did applied for elderly dependency visa in 2012 was rejected as well.

We want my mother to come and visit our new born baby so I am thinking to apply visit visa again. Can you someone advise me on this ASAP.

here is the 2015 refusal decision

The Decision
I recognise that family visits are important and I am satisfied that your sponsor, who is one of your four children living in the UK, is able and willing to meet the costs of this trip, as well as your maintenance and accommodation there. I also acknowledge the fact that you have visited the UK before, most recently between December 2012 and May 2013 on a visit visa issued to you by the office in 2011. However, every application is considered on its merits and on the information and evidence available. I am not satisfied that your application meets the requirements of the Immigration Rules for the following reasons:

You made an application to settle permanently in the UK with your son, which was refused on 10/12/2012. We were notified that your appeal against this decision was dismissed in November 2013. An earlier application to remain in the UK made to the Home Office while you were in the UK on a visit visa issued in 2004 was also refused. While you have visited the UK in recent years and returned to India, your most recent application was for entry clearance to enable you to remain there permanently with your son. You have provided no evidence of your circumstances in India with your current application and therefore I am unable to determine if there has been any change in your situation here since you applied to settle in the UK .

On the basis of the information available to me, I am not satisfied that you have shown to the required standard that you are genuinely seeking entry as a general visitor for a limited period as stated by you, not exceeding 6 months, nor am I satisfied that you intend to leave the United Kingdom at the end of the period of the visit as stated by you (Paragraph 41 of HC 395 as amended).
I have therefore refused your application because I am not satisfied, on the balance of probabilities, that you meet all of the requirements of the relevant Paragraph of the United Kingdom Immigration Rules.

[CR001]

Probably highly unlikely given that she has applied for settlement type visas twice before and been refused both times. HO don't believe she will leave the UK.

Visitor visas are very rarely granted if there is ONE settlement ADR visa refusal, let alone two refusals.

[vinny]

I'm afraid that having made a settlement application, they are likely to refuse again, asserting that she is not a genuine visitor. What evidence can she provide to show that her circumstances have changed for them to be satisfied that she is a genuine visitor?

[ms2011]

If we all the siblings sworn before a Commissioner of Oath in the UK confirming that they will remain their mother the genuine family visitor, they will not attempt to convert their mother’s status of visa (from visitor to permanent resident) whilst she will be visitor in the UK, they will support and accommodate their mother without recourse to the public fund during her stay as visitor in the UK, her medical treatment will not be burden on the state, they will pay the entire cost of their mother’s passage fare, their mother will travel with return confirmed ticket, their mother also will travel with health and medical insurance policy issued in India for the entire duration of her stay in the UK as family visitor and the real intention should be narrated behind their mother’s visit i.e. her visit to the UK which can enable the entire family to celebrate both the festivals together which can give greater utility to them more than a dozen family members have to go to visit mother with inconvenience.

[Casa]

If we all the siblings sworn before a Commissioner of Oath in the UK confirming that they will remain their mother the genuine family visitor, they will not attempt to convert their mother’s status of visa (from visitor to permanent resident) whilst she will be visitor in the UK, they will support and accommodate their mother without recourse to the public fund during her stay as visitor in the UK, her medical treatment will not be burden on the state, they will pay the entire cost of their mother’s passage fare, their mother will travel with return confirmed ticket, their mother also will travel with health and medical insurance policy issued in India for the entire duration of her stay in the UK as family visitor and the real intention should be narrated behind their mother’s visit i.e. her visit to the UK which can enable the entire family to celebrate both the festivals together which can give greater utility to them more than a dozen family members have to go to visit mother with inconvenience.

Highly unlikely to be considered, as a sworn Oath that your mother won't overstay isn't enforceable under the Immigration Rules.

[secret.simon]

Think like a UKV&I caseworker.

Your mother
a) has four children of her own in the UK.
b) will be supported in staying in the UK by her children's resources.
c) has already declared by her ADR application that she wants to settle in the UK.

Is such a person a genuine visitor who will leave within six months or is she likely to become an overstayer in the UK after she gets in?

Visit another EU country, such as Spain or Portugal (I'm thinking of warm countries that can be traveled to by ferry, for the sake of the newborn baby), and invite your mother and possibly the rest of your British family there.

[ms2011]

thanks ever so much for your help i really appreciate it.

Can i take surrender Singh route?

[secret.simon]

Surinder Singh does not, by definition, apply to visit visas.

Be aware that the UK's interpretation of the SS route has tightened considerably and that attempting to frustrate the UK Immigration Rules is explicitly grounds for refusal. Given that your mother applied for and failed an ADR application, that would be seen as attempting to frustrate the UK Immigration Rules.

[Casa]

...and the days are likely to be numbered for the SS route.