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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2308
Experience:  Partner in national law firm with 25 years legal experience
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HelloMy name is XXXXX XXXXX I am a british citizen working

Resolved Question:

Hello My name is XXXXX XXXXX I am a british citizen working in the XXXXX hospital in London my mother is here in on a visit visa in the UK staying with me and her nationality is Syrian her age is 62 and because of the unrest in Syria I would prefer to host her in my house to stay with me because its not safe their. could you please let me know the procedures for applying a leave to remain in the UK for my mom and if she is eligible for that and in case of a negative possibility to do so what is the alternative for her to stay as the situation is getting really bad in Syria now a day. Many thanks

Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Is your mother elderly and dependent on you?
Customer: replied 1 year ago.

Her age is 62 and she has no body left for her in Syria + the bad situation there.

Expert:  Alex Hughes replied 1 year ago.
Thank you for the additional information.

Your mother can apply for permission to settle permanently here (known as 'indefinite leave to enter or remain') on the basis that (a) she is over 18 years and (b) is a parent, of a British citizen or person settled in the UK.

Additionally:

(a) She needs long-term personal care to perform every day tasks, such as washing and cooking and the care you need is not readily available in the country where she is living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.

(b) You would have to show that you can provide adequate maintenance, accommodation and care without having to rely on public funds. You will need to sign a sponsorship undertaking form to confirm that you will be responsible for her care without relying on public funds for a period of at least 5 years.

However she can only apply from outside the UK. The form to be used is VAF4A which can be found on the UK Border Agency website.

If she wishes to make an application whilst in the UK the only claims are asylum or discretionary leave on humanitarian grounds.

Asylum can be claimed on the basis that she has a 'has a well-founded fear of persecution'. Unfortunately the instability in Syria does not in itself not amount to persecution unless she can show that, for example, she is of a particular race, religion or political group that is being targeted. If she does not qualify for asylum she might still be able to obtain discretionary leave on the same grounds. The success rate for these applications is quite low - about 20%.

Based on the information you have given I think it would be better for her to make a dependent application rather than asylum. However, such an application would have to be made from Syria.

Alex



Alex Hughes, Solicitor Advocate
Satisfied Customers: 2308
Experience: Partner in national law firm with 25 years legal experience
Alex Hughes and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your reply, in the law the dependent application has to be made from Syria but the problem is that at the mean time there is no UK embassy in Syria and she can not reach Syria as the airlines and the airport is suspended. so what is the best way to act ? thanks

Expert:  Alex Hughes replied 1 year ago.
Good evening

How did she make the application to visit the UK?

Did the embassy close after she made the application?

Alex
Customer: replied 1 year ago.

yes the embassy is closed and her visit visa has been expired she has applied on the dependent leave to remain but refused

Expert:  Alex Hughes replied 1 year ago.
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