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PeterFig's questions about mother's visitor visa

PeterFig's questions about mother's visitor visa

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Old Jun 28th 2021, 4:27 pm
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Question PeterFig's questions about mother's visitor visa

I am Chinese so my mother lives in China now. She came to visited us in the UK in 2014 after my father passed away. Before that, my mum visited us in the UK once for 3 months in 2012. My hubby and I have worked in the UK since 2007 and settled well here. At my mother's last entry to the UK in Oct 2014, I bought her a flu jab a few weeks after landing, but unfortunately my mother did not respond to the jab very well. She had consistent symptoms afterwards and eventually went into hospital. She was diagnosed of hyperthyroid problem and given medication to recover at home. We paid the full treatment fee shortly afterwards. Because it was not a quick recover and I was vulnerable as we both were grieving of losing my father, I consulted the solicitor and she advised to apply for dependent visa so I can look after her. I was lack of experience in this area and took the advice. However, HO accused my mother of using deception to enter the UK for free NHS treament. This is completely untrue and so unexpected. So we appealed and the court took 13 month to arrange us a court hearing. The judge decided that the deception should not be established but my mother should leave the UK. So my mother left volunteerly immediately after we received the decision in Jan 2017. Since then, all visitor visia applications were refused. The HO initially refused her using the same deception reason, then I challenged via our local MP, then HO admitted it was wrong reason to refuse, but they don't think my mother's visit intention will be geniune due to her previous medical conditions, her previous dependet application and our mother and daughter tie.

Basic information about my mother here, she has very decent pension amounts at £800 per month, she used to live in the old flat, but then she moved into a better flat I purchased in 2019 (the flat is not expensive in my hometown and my mother also shared the cost). She also has the medical insurance as part of her pension. Furthermore, she has recovered from the thyroid problem even before seeing the judge in the court. I think it was our initial dependent visa applciatoin exposed my will of looking after my mother, then HO has constantly quoting that to believe that my mother needs care and seeking care from me. That was not true, but that is what HO thinks, no matter how I tried to explain the application material, they just do not want to believe. We have never lied about my mother's pension, medical care, housing and her other siblings, etc. Judge thinks there is no exceptional circumstance here so she should leave, then HO thinks my mother will be seeking long term illegal stay of visitor visa is granted. Both myself and my husband are working professionals who never committed any wrong doing. My mother left immediately once she was told to leave. We will not keep her as illegal stayer, and we know her life in china is way better if trapped in the UK.

During these years, my mother have also found her current partner and they moved together. We visited them twice since she left us, but only during summer holidays.Hope these clarify the situation. So after 5 years of battling with UK HO, I have lost the faith in the government here, so here comes the idea of going to Canada.

Now, an opportunity from my husband's company has surfaced, should I take it and will my mother be able to visit us there?

Last edited by christmasoompa; Jun 28th 2021 at 4:56 pm. Reason: Making question clearer.
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Old Jun 28th 2021, 4:29 pm
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Question PeterFig's questions about mother's visitor visa

Hello Chris, as I am a new comer, not being very familiar with the system, could you send me a link to immigration page where I can post this?
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Old Jun 28th 2021, 4:55 pm
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Question PeterFig's questions about mother's visitor visa

Originally Posted by PeterFig
Hello Chris, as I am a new comer, not being very familiar with the system, could you send me a link to immigration page where I can post this?
I'll move it for you, but for future ref it's just under the Canada forum, as a sub forum.

(My name's not Chris btw - first part of the username is just 'Christmas'!)

Unfortunately, your mother is never going to be guaranteed entry to Canada, unless of course she was a citizen. Beijing isn't one of the visa offices with a very high rate of visitor visa refusals, but there's still no guarantee. You'd have to make sure you had plenty of proof of her ties to China to show she'll be returning, and evidence of things like her travel/medical insurance. She will be asked about visa refusals for other countries as part of application unfortunately, so she'll have to declare her visa refusals in the UK. But all you can do is try and hope she's granted the visa to travel to Canada.


Last edited by christmasoompa; Jun 28th 2021 at 5:03 pm.
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Old Jun 28th 2021, 5:19 pm
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Default Re: PeterFig's questions about mother's visitor visa

The uncomfortable facts about if your mother applies for a visa to visit Canada.

She was asked to leave the UK which she did voluntarily rather than being forced to by the UK authorities.
She has been refused visas to visit the UK since she left.
Without knowing about her background what ties does she have in China such as husband, children, owning property, employment etc

If she does apply for a visa which she must as Chinese citizens require a visa she will have to declare the visa refusals and and in particular the question about ever been asked to leave a country even if voluntarily.
Now the question about what her chances are then nobody can give you a definitive answer and the only way she will find out is by submitting the application for a visa when and if required.

Don't bother with what if questions as they cant be answered so the only way to find out is by submitting an application. This will apply to a regular visitor visa or if eligible the parent/grandparent super visa.
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