Successful Adult Dependant Relative Visa Appeal for Elderly Parent
Mrs. R is a NON-EU national over 70 years old and was living outside the UK. A few years ago, she was diagnosed with a disease of the nervous system characterised by muscle weakness which affects muscles that control her limbs, eyes, neck, swallowing, and breathing. There is no cure for this disease, but it can be kept under control with careful monitoring of treatment and preventing complications.
UK Doctor Tries to Find Care for Overseas Mother
Since her diagnosis, Mrs. R became ill twice and was admitted to hospital with a life-threatening condition. Mrs. R had no one else with her except her husband who was bedridden at that time. Their only daughter, Dr P—who is a qualified doctor working and living in the UK with her family—had to take emergency leave immediately on both occasions to visit Mrs. R.
After Mrs. R was discharged from the hospital the first time, she was no longer able to care for her bedridden husband. They do not have any close relatives. Dr P had to arrange for her father to go into a care home. As the care home refused to take Mrs. R due to her health condition, Dr P had to arrange to have nurses to take care of Mrs. R at her home.
After the first hospital admission, Mrs. R found it difficult to cope at home as managing the household was stressful due to her condition. She also had some mild memory loss. She became ill again a few years later and was admitted into the hospital for the second time. After discharge, the same care home where her husband was staying finally agreed to take her, although they were not suited for her needs.
Application for Adult Dependant Relative Visa—Refused
Sadly, Mrs. R’s husband later passed away. Since losing her husband, Mrs. R’s health condition has worsened.
Sadly, Mrs. R’s husband later passed away. Since losing her husband, Mrs. R’s health condition has worsened. Her daughter, Dr P had to travel from the UK to visit her regularly. Due to her work and family commitments in the UK, Dr P could not stay longer with Mrs. R during each visit. After several attempts to identify a suitable care home/carer for Mrs. R, all options had been exhausted. Dr P was constantly worried and concerned about her Mum’s health and the inadequate level of care she was receiving in the origin country. Dr P decided to assist Mrs. R in applying for an indefinite leave to enter the UK as an Adult Dependant Relative. Dr P is a British citizen and became the sponsor in this application.
Despite an abundance of documents provided to evidence Mrs. R’s health conditions, and failed attempts to seek the level of care required for her, the application was refused by the Entry Clearance Officer (ECO). While ECO accepted that Mrs. R required long-term personal care to perform everyday tasks, they were not convinced that the required level of care in the origin country was not available.
Successful Adult Dependant Relative Visa Appeal – Visa Granted
Dr P approached us for advice to assist with the application of her mother. After assessing the matter, we advised Dr P to lodge an appeal against ECO’s refusal decision. During the appeal, we advised Dr P of the process at each stage. We provided a comprehensive document checklist to assist Dr P in gathering further supporting documents to evidence that the required level of care was indeed not available in the origin country. We also assisted in preparing Dr P’s witness statement as the sponsor in this application/appeal, preparing the appeal bundle, submitting the bundle to the First-tier Tribunal (FTT) and Presenting Officer (the representative of the UKVI), and engaging an experienced counsel to represent Mrs. R before the FTT Judge on the hearing date.
We provided complete guidance and support throughout the process. Mrs. R’s appeal was allowed at the first instance by the FTT Judge. Following the success of this appeal, Mrs. R was granted indefinite leave to enter to the UK to join Dr P and her family in the UK. Dr P can finally personally take care of her mother.