UK Immigration Law
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Can you explain what you mean by "merits"?
Do you perhaps mean "what is the eligibility criteria for making such an application"?
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?
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?
When does she turn 65?
Does she urgently and immediately need to apply, or is it possible she could wait?
She turns 65 in December.
She cannot wait as she's feeling really lonely and disable, and there is nobody to help her with.
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.
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