On FLR want to bring mother to UK with stroke

Hi hoping I can get some advice and some help.

My mom just recently had a stroke and is in a state where she can't live by herself anymore. She's not completely incapacitated yet she has been advised by her doctors that she can't live by herself anymore. I've offered to settle her finances but have asked her if she would like to live with me here in the UK with my civil partner which she'd love to do as a dependent. Besides the stress of her condition and trying so hard to help her out, I've got to know what are my chances of her moving to the UK with me.

She's under 65 (64 exactly but will be 65 this august)
I'm on FLR with my civil partner who's willing to sponsor her if necessary
Financially she'd be dependent on me if I sell her house and sort her finances
She can't be by herself anymore and I can't stand the thought of her in a nursing home in the states

Do I have a fighting chance here? I'd so love her to stay with me and all arrangements are made just need to know what I need to do visa wise. Any help?

In your home country, where your mother is living, do you have any siblings or other family members who might care fro her?

No I'm the only one, the only child. She doesn't have a husband or anyone so its all on my shoulders. She's from the states btw. I wish SO much I had help via siblings but alas I don't.

OK, it would be helpful if you download this UKBA document, at least so you can see what you are up against.

Looking at 15.1, you will see that the current category for your mother is (e) and that refers to :-

the most exceptional compassionate circumstances

Then also read 15.4.

As from August, when your mother is 65, she will come into category (a) and the chance of success might increase.

But where is your mother now? In hospital, or some kind of care home? Just trying to work out whether an application now is worth making, or whether it is best to wait until August?

Hmmm good question John. She's in a care home at the moment and I'm about to take a trip to the states in a week to take care of her finances possibly sell her house but this may take a while (multiple trips). She's in a care home to do rehabilitation but I have a feeling it will become permanent, hence, my feeling to be with me here in the UK as her only family. She has no one except me and has no way to care for herself. Me moving over there is not an option as it would rip my family apart here and serve no one.

It may be better for her to wait until she is 65 as you say to increase the chances of success. My partner is willing to sponsor her if need be as I am not settled yet and I just want to know what my chances are at the moment to help with the transition process. She really has nothing at the moment and in times like this its heartbreaking to leave a loved one by themselves when there is nothing they can do alone when they have nobody.

These are amongst the most difficult applications, even if the applicant is over 65. You may have a problem meeting the financial dependency criteria as she is going to have an asset in the house, and this will be counted and may mean that you can't argue financial dependency.  In which case, even if she is over 65 you may well find yourself having to argue on 'exceptional compassionate circumstances' anyway.

You are also going to have to build a human rights case. Look at why you and your partner can't relocate to the US - as you are here as a Civil Partner you have a good case as your partner couldn't get a visa for the US.

I strongly advise that you get professional assistance with this application.  Obviously, I would be happy to help. 

Vicky

I second the professional assistance.  It will be a fight no matter what, but with professional help, you at least know where you are at in the process and have someone dealing with the bumps in the road.

The CP play would be a very good one.  Has your partner ever applied for a visa to the US and been refused?

To the OP just an aside, from reading the site that JohnL has provided it appears that you must be on an ILR to even attempt to bring your mother to the UK. Specifically on the UKBA site it states that you must be a 'permanent resident & settled in the UK' http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/relatives/.

But I agree with everyone above, you will need professional assistance in your case. I wish you the best of luck and I hope your mother has a successful recovery.

I third the professional assistance. I've been reading on this and it has a sliver of a chance, not completely impossible, but challenging nonetheless. Vicky I'll take you up on the offer for help because this is going to be more than I can do alone.

My partner never applied for a settlement visa to the US although she did apply for a 6 month visa to visit and was refused. It didn't say because of the same sex thing but may be relevant. We figured that applying for settlement in the states would do no good since immigration is a federal issue and not up to the states to decide. I lived in California before moving to the UK and California passed its same sex 'marriage' law a month after I moved.

I agree that her assets, namely her house, will be difficult to argue the financial dependency criteria but that is set to change this year. As it stands she's in a care home for now getting rehabilitation. How long she's there depends on how well her rehab progresses but with any stroke this is uncertain. All of her doctors have advised that she can no longer live alone or without supervision, and like Vicky said, us relocating to the states is not possible with the same sex laws. If I had to move back my civil partnership would suffer and result in a dissolution which none of us want.

How dire does someone's financial circumstances have to be to qualify for financial dependency? Do I have to support her with the money I make here to meet that criteria? Wow this is challenging.

WebJ brings up another important point...do I have to have ILR to even attempt this? I've been wondering about that myself as the rules state to be settled in the UK which I don't think a FLR allows.

Because it would be an application made predominantly on Human Rights it is likely to be outwith the rules anyway, so your status in the UK is not relevant. 

For an example of how tough these rules can be, I have just been irritatingly unsuccessful with an elderly couple from Zimbabwe who want to joint their daughter in he UK - she is British and a former refugee.  Because they own their home they were deemed to not be wholly or mainly financially dependent.

Obviously we are appealling, but this is an example of how shitty these rules can be.

Vicky

Wow! That's harsh. It's good to know what I'm up against. I envision it like this: my mom's home is gone, all of her assets are wiped out, she might have to file for bankruptcy to wipe out her debt, her money that comes from her family's estate is passed on to me and I have her moved into a retirement community where I pay her bills basically. It's gotta be destitute really and she has to be dependent on me completely. Although my mom's had a stroke and isn't in any shape to live by herself I have to make sure she REALLY wants to progress because what I think has to happen with her house and everything is alot and there's no going back once its done. Whew.

It sucks being an only kid and the only family and living in another country when crap like this happens.

Wow! That's harsh. It's good to know what I'm up against. I envision it like this: my mom's home is gone, all of her assets are wiped out, she might have to file for bankruptcy to wipe out her debt, her money that comes from her family's estate is passed on to me and I have her moved into a retirement community where I pay her bills basically. It's gotta be destitute really and she has to be dependent on me completely. Although my mom's had a stroke and isn't in any shape to live by herself I have to make sure she REALLY wants to progress because what I think has to happen with her house and everything is alot and there's no going back once its done. Whew.

It sucks being an only kid and the only family and living in another country when crap like this happens.

Wow that's really tough. My thoughts are with you and hope everything works out for you.

Blue_laybird, I think you have a good case.  Let's chat on Tuesday.

Vicky

Sounds good. Thanks Vicky will be in touch Tuesday.

Vicky is one of the best in the business for this sort of thing, so you're in good hands.