“
My mother was refused a visit visa, and
now the Home Office, despite the Judge ruling in favour of granting a
settlement visa, continues to refuse my mother entry.”
Abhay is a UK resident. He has been living here for several years, and during this time diligently working in a role which puts him in the higher-rate tax payer cateogry and claiming no benefits.
Abhay, his wife and child have all satisfied the
requirements for British citizenship. However, despite being a net
contributor, Abhay is being forced to re-assess his future in the UK, because
of his experience with the immigration rules which mean not only has his mother
been refused a visa to settle in the UK, but also prevented from visiting
them.
When Abhay was 12, his father passed away. As the eldest of
four children, Abhay was a huge support to his mother, prematurely becoming the
man of the house, and his mother’s crutch and confidant. As soon as he
was old enough, Abhay worked to help provide financially for the family,
ensuring his siblings got access to an excellent education and as per Indian
culture also paying for his sisters’ weddings. Abhay shouldered the
responsibility of a father and in doing so, there naturally developed a special
bond between mother and her eldest child. There is no doubt that his
mother is entirely dependent on Abhay.
As time passed, and the other kids flew the nest, including
one younger sibling also now based in the UK, Abhay’s mother found herself
alone. She has trouble with things that the younger generation takes for
granted – mobile phones, going out shopping, using an ATM. With two
of her children in the UK, including a grandchild, Abhay was keen for his
mother to come visit them. There was no intention that his mother would live
here. At her age, to adjust to a new life, culture and indeed, British
winter, would be very difficult. However, when a visa to visit the
UK was refused, Abhay decided to apply for a settlement visa for his mum,
as this would allow her to visit as frequently as she wanted for five years,
without further visa hassles.
To his surprise, UKBA refused the application. This is
despite all the evidence showing Abhay’s mum:
·
lives alone in India.
·
is unable to leave her apartment complex on her own
·
doesn’t have any close family to help with everyday tasks; running
errands, going to the temple, going
to see the doctor.
·
is entirely financially dependent on Abhay
·
is unable to use modern technology like ATMs or mobile phones
·
doesn’t have many friends where she lives having lived there for a short
time
·
when unwell and in pain, was forced to phone Abhay in the UK who then
arranged for a neighbour to take his mum to the hospital
As part of the settlement visa application, Abhay’s mum was
required to travel hundreds of miles for a face to face interview at the UK
embassy in Chennai. Luckily, a distant cousin happened to be around at
the time and Abhay called in some favours to arrange for his mother to be
accompanied – Abhay paying for all the necessary travel and accommodation costs
of both his mother and the cousin.
Little did he know that by being able to arrange this, the
Home Office would use this as an excuse to refuse the visa by saying his mother
was not alone. That the cousin is distant, and not living in the same
city as his mother – or even more importantly, that the responsibility for his
mother’s welfare falls on Abhay, not a distant cousin, seems to have been
conveniently ignored.
Indeed, if Abhay hadn’t been able to arrange for his mother
to be accompanied, the application would have also been refused as Home Office
would say that the applicant did not attend the interview as required!
The Home Office refused the visa; Abhay appealed and the
Judge ruled in favour of the family, citing that there is a close tie beyond
those of only an emotional nature between Abhay and his mother, what with Abhay
having, to all intents and purposes, provided a roof over not only his mother’s
head, but the younger siblings as well. The Judge ruled that Abhay’s
mother is entirely dependent on her son and therefore maintained that his
mother should be granted a visa to settle in the UK.
Unfortunately, despite what should have been a delayed happy
ending, the Home Office has appealed and for this family the battle
continues.
According to the Home Office, the Judge has not taken into
account the immigration rules (even though he has).
According to the Home Office, the Judge failed to give
reasons as to why Abhay’s mother is dependent on her (even though this is in
fact very clearly indicated).
However Abhay will fight the battle for the right of a son
to look after his mother. For a son to not abandon a mother who raised four
children on her own. For the bond to develop between grandchild and
grandmother.
The result and nature of the battle will determine the
future of this family in the UK. Whether we retain the valued skills of Abhay,
or lose them to another country willing to afford family rights to its
migrants, time will tell.
Update: Abhay’s
mother is finally in receipt of her settlement visa. Abhay has bought a larger
house and is glad to finally be able to live with and look after his mother who travels back and forth between India and UK, relieved that her entry is no longer subject to
the whim of caseworkers.
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