Please Help Me Save My Parents The Agony of A Further Visa Application!

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Please Help Me Save My Parents The Agony of A Further Visa Application, Especially After The Judge Ruled That They Should Be Allowed To Live With Us In Peace For The Rest Of Their Days So We Can Look After Them, Just Like They Looked After Me As A Child!

When my parents came on holiday to the UK from South Africa, just like they have done many, many times before, they never ever thought that they were headed into the middle of a nightmare with no ways of getting out!  They came to visit and celebrate my daughter’s 21st birthday, her university graduation, and my son’s 16th birthday.  This was their first holiday since my father had had his stroke from which he was recovering nicely and was enjoying his newfound strength and mobility.  Unfortunately because my mother became seriously ill three months after they arrived, their holiday and my son’s birthday celebrations were a total failure.  My mother was diagnosed with a very serious heart condition along with a kidney disease and other ailments, and it was no wonder that my mother collapsed and needed immediate urgent medical treatment. 

All the hospital bills and doctors bills have been covered by ourselves privately, and because the doctors advised that my mother should not fly under any circumstances, I was left with no alternative but to make an application to the Home Office to allow them to stay with us in our home in order that we could look after them.  Because of this application, my mother lost her job as caretaker of a block of flats, together with the flat that they were living in, as this flat was to be utilised only by the caretaker.  This application had now rendered them jobless and homeless!

After a lot of agony, we made the application, and after 13 months of hearing nothing from the Home Office, they replied with a rejection letter giving my parents 14 days to appeal or face deportation!  These are two people in the mid to late 80’s!  Needless to say, my mother’s condition deteriorated even more, and my father’s wonderful progress with his stroke lapsed because of sheer shock and enormity of the matter, and his health is now such that he needs a full-time carer, as does my mother! 

We found an immigration Solicitor and after many tears, much aggravation, severe stress, untold expenditure, we appealed the Home Offices’ decision, and were allocated a Court date.  We had to hire a vehicle to transport us all, witnesses included, as we had to take and accompany my parents and all witnesses to an Immigration Court hearing in Wales.  This was one of the most intense, frightening and depressing things I have ever done, as I likened it to leading my parents to their slaughter!  After a very stressful day, one which nearly never went ahead because a Judge and a Court had not physically been allocated to us, (even though we were given a trial date and a time), my parents’ case was eventually heard many hours after our arrival at the Court!  After being questioned and cross questioned by the Judge, our Barrister, the Home Office Representing Officer again and again, and after much deliberating and many tears, the Judge ruled in our favour on the day.  He said that this case should “never have got this far” and that it was not fair that my parents had to be put through all the trauma and stress that they had endured.  He said that they should be allowed to live out their days with us, their only remaining family (my brother passed away from a brain tumour, and I therefore do not have any siblings to fall back on to help us), and that they should be left to live in peace with us.  Our Barrister confirmed to us that we had indeed won our case, and that the Home Office were not going to appeal the Judge’s decision.  I cannot explain to you how relieved and grateful we all were.  

HOWEVER, five days later we received my parents’ Visas from the Home Office, only granting my parents a two and a half year Visa, which means that we have to reapply for a Visa for my parents to continue to live with us in the UK!  I have written at length to the Home Office, but they say that because of the type of Visa that we had to apply for, we have only been granted a temporary Visa.  There was no other Visa that we could have applied for, as to apply to live in the UK my parents should have done this from outside the UK, but this was not something they intended to do as they only came on holiday.  With my mother becoming so ill, she could not travel back to South Africa to make any sort of application, as it is life-threatening for her to fly.  They didn’t bargain on what was going to happen to them whilst on holiday, and certainly didn’t budget on my poor mother getting so seriously ill whilst on holiday with us, and as a result of this nightmare, my mother losing her job and their living accommodation, which made them homeless should they have been deported or have to return to South Africa!  So - travelling back to South Africa to make application for an Indefinite Visa to Remain was out of the question.  Surely the Home Office can see this and can see that their health will not improve on an annual basis, and if anything their situation will be even more dire when it comes to re-applying like the Home Office are wanting!

The Home Office will not budge, but I feel that they are acting very unfairly and unreasonably and without looking at the individual merits of this case.  The Judge’s written Judgement stated clearly that they should be allowed to live with us for the rest of their lives.  God knows with my parents being of such a mature age and with such failing health that this is not going to be a hugely extended period of time.  Surely the Home Office have some common sense and even just a small bit of compassion and empathy towards the basic human rights aspects my parents have found themselves faced with, and can see that this is a very bizarre situation that has caused us so much grief and has put our lives on hold for so long now, not to mention the untold thousands of Pounds we have had to spend on this application and the sheer stress of it all.  Are they going to penalise my parents further and make them suffer more?  We cannot move on with our lives.  We are living in constant limbo, knowing that we are going to have to reapply next year, and are fearful about the outcome of that application and how much more this will cost us.  What will the outcome be then that they couldn’t grant now, or is it a matter of the Home Office making more money out of unnecessary application fees? 

Mom and Dad will be older and their health will have deteriorated even more when we next apply.  Please help me save them from this agony and the immense stress that these applications bring, especially after the Judge's Court ruling to keep them safe and allow them to live with my family and I.

Please, please help us overturn the Home Office’s decision to make my parents re-apply for a further and what should be construed as a completely unnecessary visa, thus wasting a lot of precious time from both parties, money, effort and stress.  Please allow them the right to live in peace with my family and I for the rest of their lives.

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Thank you so much for your help.