Settlement Visa for my widow mother

[buchumang]

Hi IB,

I would like to have advise on visa application for my widow mother age 54. She is living alone in India. I am a British Citizen and I am settled in United Kingdom from last 6 years. I applied for my mothers settlement visa in 2006 but was refused for few reasons ( reasons can be provided later on ). At the moment she is living in India on her own, with no relatives to whom she can get support immediately as my uncles have their own family and my aunties would not like to prefer to stay with her even if needed.
My mother have problem with her health like Blood pressure and she has been operated on her shoulder for muscle tear which gives her difficulty in her day to day activity. As she is living alone she has a fear that one day I am gonna die and no one would come to know and she is getting in depression. I have been sending her money regularly and whenever possible with friends.
I have my own property and me and my wife would like to bring her to UK. my wife is 29 weeks pregnant and I want my mother here so that she can guide her through out her pregnancy and it might help her to come out off dispersion.
Please give me advise so that I can bring her over to UK.

[MPH80]

The rules are here:

http://bia.homeoffice.gov.uk/partnersan ... relatives/

First question is - is she financially dependant on you? If not - you can rule it out almost immediately.

Second question is whether or not she is living in the most exceptional compassionate circumstances. It is not written down precisely what this means - but the current guidance:

http://bia.homeoffice.gov.uk/siteconten ... iew=Binary

Says:

"illness, incapacity, isolation and poverty are of all compassionate circumstances which should be considered."

So you may have a case.

You really should explain why her own settlement visa was declined previously.

[Wanderer]

Two other things too, you will have pay for any medical treatment should would receive for the first five years, and if all this is ultimately unsuccessful then all visit visa applications are likely to be denied, on the assumption she won't return.

Oh, and if you are to reapply the cost of the visa is now £1600.

Sounds a bit of lost cause tho she has family there, willing to help or not, the HO doesn't care about family disputes, the priority is for you as a family to resolve those issues.

[buchumang]

hi thanks for your quick reply.. the 2 points which ECO made was

1. he was not satisfied that she is living in most exceptional compassionate circumstances and depend financially on relative in settled in united kingdom.

2. he was not satisfied that she has no other close relative in her own country whom she can turn for financial support.

he also added even by taking the provisions of article 8 of the human rights act refusing this application will not interfere with family life, for the purpose of article 8(1), which you can enjoy in India.

so then I went for an appeal.. but unfortunately i lost appeal as well.. thanks to the solicitor who sent the barrister who had no clue about the case on the last day. I have the appeal details but as the are around 15 pages i can not upload it here..

I can send to your email if you need so.

Thanks[/img]

[buchumang]

hi thanks for your quick reply.. the 2 points which ECO made was

1. he was not satisfied that she is living in most exceptional compassionate circumstances and depend financially on relative in settled in united kingdom.

2. he was not satisfied that she has no other close relative in her own country whom she can turn for financial support.

he also added even by taking the provisions of article 8 of the human rights act refusing this application will not interfere with family life, for the purpose of article 8(1), which you can enjoy in India.

so then I went for an appeal.. but unfortunately i lost appeal as well.. thanks to the solicitor who sent the barrister who had no clue about the case on the last day. I have the appeal details but as the are around 15 pages i can not upload it here..

I can send to your email if you need so.

Thanks

The rules are here:

http://bia.homeoffice.gov.uk/partnersan ... relatives/

First question is - is she financially dependant on you? If not - you can rule it out almost immediately.

Second question is whether or not she is living in the most exceptional compassionate circumstances. It is not written down precisely what this means - but the current guidance:

http://bia.homeoffice.gov.uk/siteconten ... iew=Binary

Says:

"illness, incapacity, isolation and poverty are of all compassionate circumstances which should be considered."

So you may have a case.

You really should explain why her own settlement visa was declined previously.

[MPH80]

What evidence did you supply with the original visa?

Basically - you've been through an appeal and lost - so your main option now is to reapply - but you've got to overcome the original problems.

So - if you can explain what you sent in the first place and what you feel you could send this time around to placate the ECO we might be able to give you an idea of success chances.

But - based on what you've written so far ... I don't think there's much hope.

M.