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Category: UK Law
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My mother is widowed and a USA citizen - she was married to

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My mother is widowed and a USA citizen - she was married to a British citizen for 18 years, he died earlier this year - wishes to take up residency in UK. Both her daughters live and work in UK and are British. She has no family in USA.
She is now retired , owns a property in London and is of independent means.
Please can you advise what forms we need to complete to secure her residency in UK
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for your question.

 

In order to obtain leave to remain in this country she would have to apply for a dependent's visa (for which you have downloaded the correct form). The eligibility criteria for this is as follows:-

 

  • she is a widowed grandparent over 65 years of age
  • she is completely or mainly financially dependent on her children or grandchildren
  • She has no close relatives in his own Country to help her
  • Her children/;grandchildren can support her without needing help from public funds
  • Her children/grandchildren have enough accommodation which they alone own or live in where he can live with the need to access public funds

As you can see she falls foul of the financial dependency part of the criteria, this puts her in a very disadvantageous position and., frankly and sorry to say, I would not be optimistic of her chances of obtaining a visa.

 

To even stand a chance I would recommend instructing a solicitor to prepare the application for her. She will have to argue article 8 Human Rights Act (right to family and private life) against the criteria and it will be an up-hill battle with absolutely no guarantee of success.

 

You can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

Sorry that it could not be better news, I hope you are able to appreciate there is little point in my sugar coating her position for you.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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