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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Dear Sir/MadamHi Im 47 years old British Citizen and My

Resolved Question:

Dear Sir/Madam
Hi
I'm 47 years old British Citizen and My wife is in same as my age and she's got a settlement visa which is permanent visa with no time limit stay in the UK on her Iranian passport and also I have 5 years old daughter.
We've intended legally to bring my mother in-Law who's about 75 years old and my sister in-law who's about 55 years old into England to stay with us for good as them both are ill and need to be looked after and this distance caused so stress at days and nights for us specially to my wife, my mother in-Law is an Iranian retired teacher and suffering some of age's illness such as Blood pressure and heart problems, hard Arthritis and weak eyesight and she's divorced since over 30 years ago and my sister in Law is suffering Schizophrenia for over 25 years now, My mother in-Law has one son who's married and is about age 57 with two kids as well but he can't look after his mother at all as he's living far from my mother in-Law and he's busy with his own family, (In total my mother in-Law got three children).
I used to run my own business based in Wolverhampton years ago and have come back to London on 06 June 2013 with my own family from Iran as we've been away for three years, at the moment me and my wife have no jobs but we're going to establish a company soon with new business and I can register the company with my wife's name if that helps for the above purpose as well as my mother in-Law potentially can invest around £100,000.00 in England.
At the moment I'm seeking for any legal and possible options and advice and need to know, Is there any chance legally to do that or not? and if there is what is it? How long is going to take roughly? and in average how much is going to cost? To be honest I'm looking for the cheapest and quickest possible Immigration solution to bring them two here and would be great if you be able to do it tell me your fee too please.
I want to start this process ASAP but need to know firstly all the possibilities and answers to the above questions, at the end if you would kindly to advise me please let me know in brief what to do?! My Contacts are:[email protected] and XXXXXXXXXXX
I really need to say thank you very much for this big help and all the best.
I'm looking forward to hearing from you.


Kind Regards

A Ezzati (London)
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi Mr Ezzati,

Thanks for your question.

In order for an adult dependent sister or mother to seek leave to remain under a family relationship they would have to meet the eligibility criteria for an adult dependent relative visa.

You will see the governement guidance on this here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/263241/section-FM-6.0.pdf

The difficulty in your mother's case is that although she would probably meet the illness/condition criteria, she apparently would not meet the requirement that there is no one in her home country that could take care of her because of your brother. It may be that he is far away inside the country or that it is too inconvienient for him but under a strict reading (Which is what the home office will) she does not meet this.

The situation is the same with your brother in law.

It makes it very difficult. It does not mean that you might not be successful on appeal but you can certainly expect the initial application to be rejected, forcing you to spend legal fees on appeal.

You would certainly need to instruct a solicitor because the evidential burden will be particularly large in this application.


The money you have would probably be best served (or at least some of it) in instructing a uk based immigration solicitor to act on your behalfs.

The money is not really useful in securing amother form of visa for them since most attempt to do so by getting an entrepreneur visa but for this you must have £200, 000.00 and both applicants must be capable of being involved in the business, which they presumably are not with their existing health conditions.

Kind regards,


Tom
Customer: replied 3 years ago.

Hi Thomas


 


Thank you for your Advise.


If you read my letter carefully I've asked you kindly after considering our circumstances to giving me a professional advice and any possibilities option as well as the rough fee and time, I appreciated for your information but to be honest I've already knew them that's why I've provided you those information in details because I'm looking for some Alternative possible solution if you would please, I be waiting for your help, Thanks.


 


Kind Regards


 


Ali

Expert:  Thomas replied 3 years ago.
Hi Ali,

Yes, I read your question.

My answer stated your option.

I'm afraid that - unpalatable as it is - this is your only option. The Immigration Rules are the rules and there are not other options unfortunately, as solicitors we are not privy to other rules which we can avail our clients of. All we can do is prepare our client's cases in the best possible way under the existing rulse.


You really need to instruct a solicitor to attempt to prepare the application because there is no other suitable category.

I am sorry, but you have to accept that they can only apply under the category that I mentioned.

Kind regards,

Tom
Customer: replied 3 years ago.
Relist: Inaccurate answer.
Your Expert didn't answer me in details and professionally as I've told him, I've already knew this particular Immigration Rules, I's been looking for advice and any possible options to make a better decision but not provided by this expert.
Thanks
Customer: replied 3 years ago.

Relist: Answer quality. I need a professional answer to my question and all the possible legal options. Thanks

Expert:  Ash replied 3 years ago.
I have read the exchange above.

Sadly there are NO OTHER legal options.

To tell you that there is would be wrong and misleading.

I am sorry.

Alex
Expert:  Thomas replied 3 years ago.
Hi Ali,

You will see that another solicitor has agreed with my original answer.

Please do let me know if you require any additional clarification on the actual answer I have provided and I will try to assist further.

Kind regards,


Tom
Customer: replied 3 years ago.

Hi Thomas


Thanks for your Email again and sorry for my comment.


Do you have any suggestion how can I increase the chance of success for this application as you said I have a brother in-law who's living in Iran but he can't really be helpful to look after my mother in-Law and her sister or any alternative idea please for purpose of supporting this application and please remember I have to apply for both mother and daughter?!


Thanks

Expert:  Thomas replied 3 years ago.
Hi

You have to demonstrate why your brother in law cannot take care of them. It cannot be because he would be inconvenience in doing so, there has to be some other reason which means that he himself is effectively frustrated from being able to take care of them even if he were willing to.

Once you have the reason for why he cannot take care of them then you have to think about how to document it. You have to think about what documentary evidence there is for the reason why he cannot take care of them and use it in your application. In addition you can get him to execute a statement confirming why he is effectively unable to take care of them.

Quite simply, you need documentary evidence of both of their conditions and of your ability to take care/support them without any cost to the tax payer. you then need to instruct a solicitor because this application is one of the most specialised applications to make.

I note it is for both mother and daughter, but once you have proved that they are both unable to take care of themselves then they can both apply together.

Kind regards,

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience: UK Lawyer holding practising certficate for England & Wales.
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