UK Immigration Law

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UK Immigration Law
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i would like to apply for a visa for my 76 year old mother

who is a US citizen...
i would like to apply for a visa for my 76 year old mother who is a US citizen. i was advised to check the ukborder agency website to find a form , but it doesnt seem to be applicable to her, can you give me advise which visa form to use so she can extend her stay in the UK for a few years, she came here as a visitor holding an american passport.
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7/10/2012
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,629
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
Hi
Thanks for your question .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Where is your mother now please
2. What nationality are you
3. If you are a foreign national, please also state your immigration status in the uK
Kind regards.

Tom
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Customer reply replied 5 years ago
1.she is here in uk
2. i am filipino married to a british national

3. i submitted my application FLR(O) last month, and recently, i recieved a notification that they recieved it and asked me to wait for further instructions. I had a stroke that is why my mother wants to stay here longer, to take care of me.
Hi,

Do you hold ILR?

Tom
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Customer reply replied 5 years ago
i dont have a visa at the moment. I seeked help from our MP and in the course of his following up, he asked me to re-apply, assuring me that i could get one soon, due to my condition. so i submitted an FLR to ukba again. i was refused the first time and they advised me to apply from my country, philippines but unfortunately i had a stroke on dec last year and cant travel.
Hi,

Why haven't you applied for Spouse Visa if you are married to a UK national?

How/when did you come to the UK orginally?

When did you marry your UK national spouse?

Tom
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Customer reply replied 5 years ago
I only had a visitors visa, because that time, my husband didnt get his divorce decree yet. i arrived in uk feb 2010, applied for cert of marriage but didnt get it on time until it expired because we moved and the people living on our former place didnt forward it to us until it was too late, we were given another updated cert of marriage but then, we decided to get married in the church of england, St. john, carlton-in-lindick last june 25, 2011... after my marriage i applied for a visa but i was refused. we were scheduled to visit thephils dec 29,2011 with the purpose of applying a visa from there, but then i had the stroke, my husband didnt stop calling ukba to inform them, so that they know the reason why i wasnt able to leave, when i was released from bassetlaw hosp. feb.8, my husband seek help from our MP, john Mann. Iwas advised to re-apply...
Ok.

Have you instructed a solicitor at any point?

Tom
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Customer reply replied 5 years ago
Not yet, we cant afford at the moment
Hi

Thanks for your reply.

The key is your status here. Usually peoples are not permitted to switch from visitor’s visas to spouse visas, because it is a breach of the immigration rules.

Your MP is not as useful as instructing a solicitor on your behalf. I appreciate that they may write letters on your behalf but they cannot persuade the UKBA to depart from the immigration rules.

If you have suffered a stroke then this may constitute the occasional exceptional circumstances that compel the UKBA to exercise their discretion in order to allow your application even though you were in the UK as a visitor. You need to ensure that the UKBA have documentary proof of your stroke so that they will consider allowing your application (subject to you meeting the other normal eligibility criteria.

Your mother’s case is more difficult and I regret to say that I cannot see how you will be able to make an application with a reasonable prospect of success. In order to elderly relatives to get a visa to come here it is usually on the basis that they themselves need to be cared for by the UK based relative. In addition they UK based spouse must either be a British citizen or settled here (ie. hold ILR). They also need to prove dependency:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/

On this basis it would be a purely discretionary application outside the immigration rules, which commonly have a very low chance of success and you would need to show that there is no possibility that she will claim public funds and that you/your husband would be able to support /accommodate her. You would also only be able to make this application with any chance of success once your status is sort out.

Sorry it could not be better news.

At the end of this time she will be able to apply for a Permanent Residence here if she wishes and has not spent significant time outside the UK.
Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance 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
Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7,629
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer reply replied 5 years ago
Is it possible for her to be a dependent of my husband?
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