visitor's visa for mother

[OFCHARITY]

Hi there,

My mother takes care of my child (in my home) and I pay her.
I enquired of the British high Commission, if I could take her with me to the UK and they told me I could either try to do so as a Domestic worker or as a visitor.

I tried as a domestic worker, but the ECO did not seem convinced that I actually "employ" my own mother, and so she was refused the visa.

The refusal letter stated that that the refusal will not prejudice any future reapplication, there's no right of appeal.

My mother's mother is a british citizen, living in UK for 46 years, but it is a long story why my mother never joined her there before.

I was wondering if it is a wise idea for my mother to try applying for a visitor's visa anytime soon (in order to visit either myself or her mother) or should she wait a few years, less they assume she is just trying to get around not having received the Domestic worker's visa.

[tdabash]

Hello there,

Let us review the law for a visitor visa.

41. The requirements to be met by a person seeking leave to enter the United Kingdom as a visitor are that he:
(i) is genuinely seeking entry as a visitor for a limited period as stated by him, not exceeding 6 months; and
(ii) intends to leave the United Kingdom at the end of the period of the visit as stated by him; and
(iii) does not intend to take employment in the United Kingdom; and
(iv) does not intend to produce goods or provide services within the United Kingdom, including the selling of goods or services direct to members of the public; and
(v) does not intend to study at a maintained school; and
(vi) will maintain and accommodate himself and any dependants adequately out of resources available to him without recourse to public funds or taking employment; or will, with any dependants, be maintained and accommodated adequately by relatives or friends; and
(vii) can meet the cost of the return or onward journey.

The question now: who would be the UK sponsor for your mother? Is it you or your grandmother?

The fact that your mother’s visa was refused as a domestic worker with your support may cast a shadow on you as her UK sponsor for a visiting visa. The ECO may refuse; doubting the returnbility or employment. If the situation comes to an appeal the HO presenting officer may question your credibility.

I think it is better for your mother to be sponsored by her British mother for the time being.

There is no time limit for your mother to apply for a visitor visa.

If the ECO refuses your mother application, his decision would be apealable. Family visit appeals take shorter time to be heard; approximately 3-6 months. Your grandmother should be prepared for a refusal. The notice of refusal should be faxed to the UK and the notice of appeal should be faxed to the British consulate swiftly.
The UK sponsor may wish to send a headed letter to your mother as shown below.
____________________________________________________________

Dear Sir / Madam

I Mrs -- -- -- who is a British citizen do invite my mother Mrs -- -- -- to visit me at my home address mentioned above for a period of two weeks/ 4 weeks any time she wishes (or specify dates). I have the financial resources to support her stay in the UK. I will send to her a return ticket once her visa is issued.

Please find enclosed photocopies of my passport and a bank statement showing my address as well.

Thank you in anticipation

Yours sincerely,



Mrs -- -- -- ,
A British citizen
Dated : -- -- --____________________________________________________________

A ‘signed for’ copy should be sent or faxed to the visa section, British consulate in your mother’s country. The British consulate does not require this but the original letter should be with the applicant.
The sponsor would provide a copy of her British passport and a bank statement or an employment letter stating the salary. It is not necessary for a bank statement to show mega grand. £2000 or more would do. Your mother’s birth certificate should be presented even if the ECO did not ask for it. If the situation comes to an appeal, this would show the adjudicator how lovely the ECO is in preventing a daughter from seeing her British mother.

The UK sponsor may wish to involve the IAS http://www.iasuk.org/ prior to submitting the application. It is free service and the family visitor visa is an easy task. I still hold my previous opinion on this board that I would not relay on them in a settlement immigration task.

In summary: in response to your query about a visitor visa; the strategy here is to change the scenario; bringing new faces and different immigration rules and welcome to the ECO.
However, there might be different scenarios depending on your immigration status in the UK.

Good Luck

[OFCHARITY]

Thanks tdabash, I think this is good advice.

[Kayalami]

Ofcharity wrote:

My mother's mother is a british citizen, living in UK for 46 years, but it is a long story why my mother never joined her there before.

1. In what way did your mother's mother acquire British Citizenship i.e. was it by birth, registration, naturalisation or adoption in the United Kingdom.

2. If none of the above apply what date was she (mothers' mother) born and in which country (give the name as it was known then).

3. Is your mother your maternal or adoptive mother - if the latter is the case was this formalised or is it a de-facto adoption.

4. Was your mother born after 1961 but before 1983.

It may be remotley possible for your mother to apply for registration as a British Citizen under an amendment to the nationality rules which were deemed discriminatory in nature (I believe at a ruling or an anticipated one by the Home Office before the European Court of Justice) by preventing certain groups of women holding British Citizenship from passing on their citizenship to children born outside the UK. In this case the issue of any visa for her would be moot and she can live in the UK as she pleases as a person with the right of abode.

[OFCHARITY]

1. In what way did your mother's mother acquire British Citizenship i.e. was it by birth, registration, naturalisation or adoption in the United Kingdom.

Naturalisation I believe, she was a citizen of a then british colony (the country gained independence shortly after), arrived in UK around 1958 and thereafter acquired citizenship by reason of being resident in the UK (I believe). All her other children were born in the UK.

2. If none of the above apply what date was she (mothers' mother) born and in which country (give the name as it was known then).

3. Is your mother your maternal or adoptive mother - if the latter is the case was this formalised or is it a de-facto adoption.

maternal (biological)

4. Was your mother born after 1961 but before 1983.

1956

[tdabash]

Hello there,

From the start, I did not address the fact that your grandmother is a British citizen who can pass her nationality to your mother, because an adult (your mother) can become a British citizen as per the following charts
http://www.ind.homeoffice.gov.uk/filestore/Chart_B.pdf

Please review the following chart as well.
http://www.ind.homeoffice.gov.uk/filestore/Chart_A.pdf

Kaya, over to you.

Thanks

[Khurram]

tdabash :

Was one of the parents* settled in this country when the person was born?

Of the two links that you provided, was wondering what would be the status of the person (as to whether 'settled' or 'not settled') if he/she is on a :
1-Work Permit
2-ILR/PR

Regards

[tdabash]

Khurram

In the flow charts provided, Settled means ILR or ILE. WP or HSMP candidates are not classified as settled although their status may lead to settlement in the future.

[OFCHARITY]

I am just returning to the forum after a few weeks absence, I don't know if I made it clear that my mother was born before my grandmother became a british citizen, and so I doubt she would be entitled to registration as a bc.

[tdabash]

Hello there,

From the start, I did not address the fact that your grandmother is a British citizen who can pass her nationality to your mother, because an adult (your mother) can become a British citizen as per the following chart. Please see if it is applicable.
http://www.ind.homeoffice.gov.uk/filestore/Chart_B.pdf

[OFCHARITY]

Hello

An update to this almost two year old thread, my mom applied a year ago for a visitor's visa to visit her Mom (my grandmother). My grandmother sent copies of her british passport, bank statement etc. but the visa was still refused on the grounds that her previous application as a domestic servant made it unlikely that she would return to her country and not take up employment in the UK. My mom appealed the decision and one year later a hearing was held here in the Uk, my grandmother, aunt and myself attended.

Thanks be to God we were told the appeal will be allowed. I am just happy that at least she will be allowed to visit us occasionally.

[John]

Your grandmother? Married? If so, to a British Citizen?

I am just trying to understand why your mother is not British?

[olisun]

My mother's mother is a british citizen, living in UK for 46 years, but it is a long story why my mother never joined her there before.

from his previous post

[OFCHARITY]

Hi John

My grandmother is Married but her husband was not born in the UK either. Both of them came to the UK as british subjects in 1958. Their country of birth gained independence from Britain four years later. They became British citizens while living here and have lived here for the past 48 years. My mom was born outside of the UK before her mother came to live in the UK, she never joined her mother in the UK as a child because of the refusal of the relatives in whose care she was left to allow her to go. Once she became an adult I guess it became impossible for her to come to the UK except as a visitor, her other siblings were born here and are all UK citizens.

[OFCHARITY]

Hi

I would like to revisit this post, as I am quite curious about the suggestions that my mom could actually be entitled to british citizenship/registration. The links in previous replies to the charts did not work so I have not really find out any further information since last year.

Does anyone have any current links to any information that could clarify the situation for me?

A brief summary of the facts of the case are:

My grandmother was born in a british overseas territory around 1937.

My mother was born in the same british overseas territory in 1956.

Her mother (my Gran) came to England in 1958 and has lived here ever since. She holds a british passport.

My mother never joined my Gran in England until last year when she visited her on a visitor's visa.

The country in which my mother was born gained independence from Britain in 1962 (at which time my gran had been living in England for 4 years). [/list]