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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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My mother is a visitor here in UK and my sister and me are

Customer Question

My mother is a visitor here in UK and my sister and me are British and we have been living here for 5years, but we don't want our mother to go back to Pakistan. She has got a 2 year visit Visa (my mother is 45 years old), but she has been here for 5months, I am 17 years old and my sister is 19 years old and we are full time students. My sister doesn't want her to go back because she gets depressed with the thought of our mother leaving and because of this she doesn't study properly and neither she eats.My sister is going to go University in October.
Right now we are living with our Dad here. My dad is married here with another woman but we don't live with her and neither does he. But they are not divorced.
My mother has been divorced with my dad, so what can we do to make her stay here, and get a permanent visa for her.Meaning that me , my sister, my mother and my Dad we all live together, But my step mother lives separately.
My dad is on Benefits right now, and my mum don't have any relatives here except us ( her children)
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi thank you for your question.

The only visa your mother can change to from a visitors visa is that of a dependent relative. For this visa application to be successful you would need to show that it would be great extremely detrimental for your mother to be returned to Pakistan. In addition you would need to show that you can maintain her here in the UK financially.

If your father is still married to your mother he can support your application, if he does not it would be extremely difficult.

I hope this answers your question if so kindly click Accept, if you do not I will not get credited for my time.

Kind regards,
Expert:  Awan-Legal replied 2 years ago.
Hi

The expert's advice is correct but Just to add: are you and your sister British? If you are, you should put an application in before your sister turns 18 on human rights and the best interests info children. There is an abundance of case law on this and a case called Zambrano in particular where your mother is the carer of your sister. You should seek the help of a solicitor to do this application to ensure the best chance of success as this will be a complex application. You should get a medical report for your sister. This is only applicable if your sister is British though.

Kind regards,
Awan Legal
Customer: replied 2 years ago.
my mother wish to apply for a relative dependent visa and her ex husband will be supporting her application however i have a couple of queries firstly will she be able to visit UK while her application is still under progress and in case of refusal is it going to affect her status as a visitor (as she's got a 2 year visitor visa) ? secondly isit better to file the application for relative dependent visa from UK or does she have to go back home to do so and lastly how long does it take for them to respond/reply to the application and does she have to send her passport along with it.
thankyou
Expert:  Awan-Legal replied 2 years ago.

Hi

 

As the above expert stated, a dependant relative application is extremely difficult (if she is under 65), even with your dad supporting the application since they are divorced and thus not in a subsisting relationship.

 

It would be a stronger application to apply on the basis of your sister if she is British as she is aged under 18. If your mother waits to apply until she is over 18, then this will be as difficult as the above application.

 

The application should be made in the UK (whichever of the two you opt for) and her passport will need to be submitted with this. If she requests her passport back and returns to Pakistan, the application will come to an end. She can remain in the UK whilst her application is being considered.

 

The relevant case and guidance for this application is as follows:

 

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2011/september/48-british-carers

 

If refused, she may have problems in the future if applying for a visit visa or coming back on a visit visa, as the UKBA may think she intends to settle in the UK. She would therefore need to prove that she intends to return by showing commitments in Pakistan at that stage and that the circumstances have now changed so she does not wish to remain in the UK.

 

I would certainly advise you to get legal representation with any application in the UK since it will be complex and the legal issues will need to be covered thoroughly.

 

I hope that helps. Please let me know if you would like further information or clarification.

 

Customer: replied 2 years ago.
My father wants to do court marriage with my mother
What are the requirements needed for court marriage?
My mother and father have been divorced 12 years ago and then they both married with different partners, But now My mother and father wants to do a court marriage so my mother can apply for spouse visa.
So now my mother is a visitor, should she apply for spouse visa from here in London or does she has to go back to her country to apply for visa and where she has to collect the her visa when it is done, and how long will this take?
and do you personally handle the court marriage case?
Expert:  Awan-Legal replied 2 years ago.
HiThey can marry in the UK therefore as follows:http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/marriageandcivilpartnership/eligibility/She can then apply for a spouse visa provided from abroad (the most straightfoward way of doing this) as follows:http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/apply-outside-uk/The documents listed are set out there but as your father is on benefits, it may help if your mother can get a job offer letter in the uk or there is somebody who can help support financially. Alternatively, if your ather is able to start work that would also help. They should evidence their relationship in the uk, ie they have been staying together and outings together plus phone calls when she is abroad.It will take about two months while she is abroad for the visa to be granted if successful.I cannot give my details to you on the site but you can contact admin to get in touch with me.They would also need to show that they are back together with the intention to live together permanently and Give both their divorce certificates.I hope that helps.
Expert:  Awan-Legal replied 2 years ago.
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Specialist in immigration law with the highest level of accreditation in this area and with many years experience.