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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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What are the merits of the application for entry clearance

Resolved Question:

What are the merits of the application for entry clearance for an elderly woman to reside permanently in the UK with her daughter and her family?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

 

Can you explain what you mean by "merits"?

 

Do you perhaps mean "what is the eligibility criteria for making such an application"?


Tom

Customer: replied 3 years ago.

Yes, I mean the eligibility criteria.

Would she qualify under para 317 (iv) of the Immigration Rules if she is disabled and has no one to help her, living alone but not in the exceptional compassionate circumstances?

Expert:  Thomas replied 3 years ago.

Does she meet the following criteria:

 

1. Is she over 65?

2. Is she completely or mainly financially dependent on her daughter/grandchildren?

3. Can the daughter/grandchildren support her without recourse to public funds?

4. Does the daughter/granddaughter have suitable accommodation which they alone live in and where she could live without recourse to public funds?

 

Tom

Customer: replied 3 years ago.
She meets all the above criteria except for the age- she is 64
Expert:  Thomas replied 3 years ago.

When does she turn 65?


Does she urgently and immediately need to apply, or is it possible she could wait?

 

Tom

Customer: replied 3 years ago.

She turns 65 in December.

She cannot wait as she's feeling really lonely and disable, and there is nobody to help her with.

Expert:  Thomas replied 3 years ago.

Okay.

 

Yes, a disability can form the basis for exceptional compassionate circumstances so that you can make an application prior to her turning 65.

 

You would have to prove the disability itself and that the standard of her car in her country at present is detrimental or potentially detrimental to her health and that it would be improved by coming here. You would need documentary evidence to support this so I would think about attempting to collate this now.

 

It would be best for a solicitor in the uK to prepare this for her and then for her to submit it to the UK embassy to give the best chance of success without appeal. It would be pretty inadvisable for them to turn it down so soon to her 65th where she does otherwise meet the criteria. It would cost around £800+vat for a solicitor to prepare.

 

If this is useful please click accept so that I may be rewarded for my time. You will be free to ask follow up questions.


Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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