my mum has an alien latvian passport, she came to UK on the visitors visa for the 1st time for the holiday. after 6 months she entered UK for the second time and me and her decided that she should stay to help me with baby and so i can go back to work. her visa expired, but she did not leave-as I am Latvian citizen and she can stay on the base of EEA family member. I have applied for the residence permit for her in September, but because our surnames are XXXXX XXXXX had to send my birth certificate and her divorce papers(shows her name charged to maiden),at that time we could not trace where the divorce documents are so I have provided translated birth certificate with covering letter that divorce papers will be obtained at a later time, as not sure where they are and further equiries will be made to Latvian Archive. after 7 weeks in October we get Refusal and all papers back apart from her passport with the letter and telephone number to call prior making arrangements to leave UK.spoken to home office in December-they asked me to send reconsideration letter to EU department with the translated Divorce papers, my birth certificates, my son's british passport. No reply or any answers. February the 19th (6 months later- thats how long application should take,according to HO) still no responce, we called them again and were suggested by the member of staff to withdraw all the papers and re-apply again. after 2 months of hard trying(were promised 4 times , that request to send papers were made each time and its on the way to us), and calling every week we got papers today, my and my son's passports and translations back.during the 9 months now, i have also tried to call that number , where they said to call prior making arangement, its ringing for 3 minutes and hangs up,no one ever answered that phone. what should I do now? we are stuck. please advice
HiThanks for your question. To enable me to answer your question could you please respond to the following:-1. Do you actually hold your mother’s divorce papers now?2. If so, have these been sent to the UKBAKind regards.Tom
they have been send second time in October to HO, those papers were translated by Rosetta Stones(have checked if this translation were suitable for HO) . today we have recieved them back from HO. No papers which were send first time were returned. its looks to me that it did not even get to that department for the reconsideration at all.
HiThanks for your reply.This may or may not surprise you, but the UKBA can on occasion be either disorganised or incompetent or both at the same time. If it’s the case that you have all the papers which prove the fact that she is your mother, including the divorce decree which confirms that your mother should be known by her maiden name then you will have to submit them all again I’m afraid. I wouldn’t bother phoning them because a lot of the time I’m not confident of the caseworker that applicants actually speak to. The problem is that they have your mother’s passport and so you will have to ensure that they marry the application up with your mother’s passport. In the circumstances I would suggest that you see a local immigration solicitor so that they can write a quick covering letter to the application stating your previous problems and referring to the fact that they hold her passport. State that they should marry the application with the passport and process the application as soon as possible.Before you see your solicitor you shold see your local MP and ask that they write a letter on your behalf to pass to you so that it can be enclosed in your application. This will help re-enforce the sense that it is urgent. I would also ask the solicitor to draft a statement from you and one from your stating that she is dependent upon you and should therefore be granted a residence card on this basis (as a family member, family permits are for applicants applying out of country. The better you can prove dependency of your mother upon you the more likely they are to grant her a residence card immediately.Provided you can do the above you should be okay, but you have to formalise things by seeing a solicitor. It won’t be that expensive if they are just drafting a statement and covering letter for the application If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.If you wish for me to provide you with further guidance (eg. Perhaps on whether you have any realistic prospect of securijng leave to remain without leaving the UK, or on what you need to do to secure leave to remain by making an out of country application) on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).