Article 8 - Mother Visa

[wm786]

Hi All,

My mother is a Pakistani citizen. She currently visits the UK every year as a visitors. She is 64 yrs old (widow) and not financially dependent on me. All her children are British Citizens and living in the UK.

I would like to know how likely is her chance of success under Article 8 for permanent residency? She has been previously rejected an adult dependent releative.

Thanks in advance!

[Wanderer]

Hi All,

My mother is a Pakistani citizen. She currently visits the UK every year as a visitors. She is 64 yrs old (widow) and not financially dependent on me. All her children are British Citizens and living in the UK.

I would like to know how likely is her chance of success under Article 8 for permanent residency? She has been previously rejected an adult dependent releative.

Thanks in advance!

Zero.

[sam550]

You chances are null, as UKVI is quite reluctant with Chain migration.

[wm786]

Family circumstances are lot different. It's not that we are looking for chain migration but right have family life together. All my siblings are British citizens and settled in UK except my mother. If she stays in Pakistan then it affects us too.

[Casa]

Since the Immigration Rules were tightened in July 2012 regarding settlement visas for adult dependent relatives, only a extremely small percentage of applications have been approved.

In order to have any chance of success, your mother would have been required to prove that she needs daily help for basic tasks such as bathing, dressing, preparing food etc....AND that care is either not available in the home country or in not affordable.

Article 8 won't apply as it will be considered that you can return to Pakistan and continue your family life with your mother there. The view may well be taken that you and/or your siblings should have considered the likelihood of separation in the future when you all moved to the UK.

Having been refused an Adult Dependent visa, entry as a visitor in the future may prove difficult due to the prior intention to settle,

[secret.simon]

Britcits took the Home Office to court with regards to the ADR rules and lost in both the High Court and the Court of Appeal. Article 8 compatibility was considered at both stages.

Article 8 and ‘Catch 22’: New Rules for ADR are Lawful

The inflexible Adult Dependent Relative Rules are here to stay so says the Court of Appeal

[secret_qa]

Since the Immigration Rules were tightened in July 2012 regarding settlement visas for adult dependent relatives, only a extremely small percentage of applications have been approved.

In order to have any chance of success, your mother would have been required to prove that she needs daily help for basic tasks such as bathing, dressing, preparing food etc....AND that care is either not available in the home country or in not affordable.

Article 8 won't apply as it will be considered that you can return to Pakistan and continue your family life with your mother there. The view may well be taken that you and/or your siblings should have considered the likelihood of separation in the future when you all moved to the UK.

Having been refused an Adult Dependent visa, entry as a visitor in the future may prove difficult due to the prior intention to settle,

What if the sponsor has a family life in the UK? Can still it be argued that they can leave UK and settle in Pakistan. Also, considering the financial issues, it may well be that the sponsor will not be able to survive in Pakistan. For these reasons, I belive Article 8 may apply ....

Can you please comment on this, Casa?

[Casa]

Britcits took the Home Office to court with regards to the ADR rules and lost in both the High Court and the Court of Appeal. Article 8 compatibility was considered at both stages.

Article 8 and ‘Catch 22’: New Rules for ADR are Lawful

The inflexible Adult Dependent Relative Rules are here to stay so says the Court of Appeal

secret,simon's post explains it all really. An appeal under Article 8 won't succeed simply because you find life in the UK easier to living with your mother in your country of origin. You still have a choice, even if it's not what you would prefer.

[secret_qa]

Thanks for the reply and the explanation, Casa,

This is very harsh of UK to use ones golden period of life working for them and when they need some support, they are asked to leave back!

Just wondering if not such situation, where does article 8 really applies. Also, struggling to digest that UK doesn't care a skilled resource will have to leave and will stay unemployed.

Just a thought, can it not be demonstrated that the ADR will have better chances to survive in the UK as she will have emotional support from all of his family in the UK

I understand that it's all very vague and gray. But, I am sure there have been success cases from Pakistan, India and Bangladesh, countries where medical and care facilities are available. Is there a sample or example scenario to which you can refer to so that people from these counties know that if they are not in a similar situation, they refrain from making such applications.

Many thanks

[Casa]

The article by Freemovement in the link below may be of help:
https://www.freemovement.org.uk/out-with-the-old/

Note in particular:
"the guidance states that “in order to establish that family life exists between adults who are not partners, there must be something more than such normal emotional ties"

[secret_qa]

Family circumstances are lot different. It's not that we are looking for chain migration but right have family life together. All my siblings are British citizens and settled in UK except my mother. If she stays in Pakistan then it affects us too.

wm786, it is great that your mother has visit visa. I don't know the law but I have seem and heard is that there are very thin chances of application if you apply for ADR from Pakistan. However, once your mother is in the UK on a visit visa, it makes things a bit easier - don't know the type of application made and etc though.

so my suggestion is that if worst case you have to make an application, make sure that she is in the UK and

as i said, this is all what I have heard but the moderators on this forum can give you better advise of course

good luck

[Casa]

Has your mother visited the UK since the ADR visa was refused?

The suggestion that she enters as a visitor and stays put is misguided. She won't qualify for an Adult Dependent visa from within the UK.

[secret_qa]

Has your mother visited the UK since the ADR visa was refused?

The suggestion that she enters as a visitor and stays put is misguided. She won't qualify for an Adult Dependent visa from within the UK.

I don't know the technicalities or the law.

But, I can confirm that i know two cases where they had not applied for ADR and had come to UK on visit visa.

After coming on the visit visa they applied for some visa which allowed them dependent residency ( in one case I know for sure it was 2 years and then extended for 3 more years). It was all legal and legit.

On the contrary, I am sure they would have got refusal of they had applied from outside the UK

Thanks

[Casa]

Has your mother visited the UK since the ADR visa was refused?

The suggestion that she enters as a visitor and stays put is misguided. She won't qualify for an Adult Dependent visa from within the UK.

I don't know the technicalities or the law.

But, I can confirm that i know two cases where they had not applied for ADR and had come to UK on visit visa.

After coming on the visit visa they applied for some visa which allowed them dependent residency ( in one case I know for sure it was 2 years and then extended for 3 more years). It was all legal and legit.

On the contrary, I am sure they would have got refusal of they had applied from outside the UK

Thanks

The OP's mother has already been refused an ADR visa. She is unlikely to be permitted to enter as a visitor in the future due to the prior intention to settle.

[secret_qa]

I see... Got it now.
Thanks for the clarification