Fighting to Stay with her caring son (in UK)

I, Shashi Garg, and my wife and children are British citizens. We are  raising funds to cover litigation costs for my mother, Ratna Garg who is 83, widowed, disabled and suffering from dementia and other major ill-health. She is fighting for leave to remain in the UK with us, her caring family, as there is no one willing or able to do so with the same dedicated care in India

All parents have the right to enjoy support from their children when they are retired and finding it difficult and lonely to cope with ageing  issues. Not allowing our parents to come to UK is to take away their rights to live with their children in their old age.

I live and work in Oxford with my family. I have a PhD and a Masters from the UK, and am married to Manvi who is also a stroke survivor of 19 years. My daughter Neha is married (living in London) and has just had a son 10 months ago, who has given my mother a new lease of life.

Litigation Process and Costs

I applied on behalf of my mother, and the Home Office denied her leave to remain in the UK with her family under exceptional circumstances with no attention to expert reports and overwhelming evidence of her needs for family care. She was given no right to appeal at all. We undertook a judicial review, and have now been granted permission.

I am now raising money to fund the litigation costs for either a full Judicial Review of the original refusal of her application or to conduct an appeal. So far I have funded the litigation costs out of my own pocket. However, with the estimate of increased costs of litigation for a long and expensive full Judicial review process ahead of us, this is getting more and more un-affordable.

I believe this case is important as it highlights the lack of rights and dignity given to elderly non British parents of British citizens and tax-payers who serve the UK. Winning this case will prove to be a landmark as to the family rights of elderly people with British children. Therefore, this case is important for not only my family but also for ensuring respect for the right to family life of our elders in the twilight of their lives after they have given us the best of upbringings and opportunities.  

It is poignant that as I write this a petition is before Parliament on this very issue: https://petition.parliament.uk/petitions/185283, and a research study a few days ago  showed three out of four elderly are lonely in silence.

About my Mother

My mother, Mrs Ratna Garg, has lived a wonderful life in India and abroad.  My father, a senior Eye Surgeon travelled to many countries. However, as is normally the case of elderly ladies in India, my mother never cared for any matters – financial or other. My father was a carer to her in India till he suddenly passed away in June 2015 due to a massive stroke. However, with the death of my father is 2015 her life came crashing down. I had always been the pillar to both my parents and was always supporting them financially and emotionally.

She is 83 years old and was completely without family support in India therefore I brought her to UK within 20 days of my father’s death. She suffers from dementia and arthritis, and has had heart surgery done in India. She suffered an Heart Attack while in The UK and had to be sent to India for coronary stenting as being on visit visa, she was not allowed free NHS treatment. She has arthritic condition with right hip needing replacement and suffers from advancing Dementia. She requires round the clock care that can only be provided by her family as she shuns the paid help and does not respond well to it. She needs to be reminded to eat, to go the loo and needs help to move around.

However, we are desperate for her to not end up in a nursing home as she has family here in Oxford that can give her what she needs. We are heartbroken at the thought of her a in nursing home in India, far from all her family with no one to visit her. Her condition has worsened after my father's death and while she can be given medical support in India, she requires emotional and mental care & support. Her family can only provide this to her. Here in Oxford, my wife and I take care of her. My wife's mother also lives with us so my mother has someone to keep her company. My daughter and her husband live in London and are able to visit often and provide help with her care and a break for me every now and then. My mother is able to meet her granddaughter and great grandson which gives her joy. She is now surrounded by love, affection and familial support in the UK. This is why we are fighting for her and others like her to be granted leave to remain in the UK. We have agreed to bear all her medical costs.

Seminal Case for Immigration Law + What Next?

Now that we have been granted the right to apply for Judicial Review for the original decision,  we will proceed to a Judicial Review  hearing. We are raising funds to help with this effort and so that our lawyer can put in as many hours as required ensuring we have a positive outcome. Depending on the fundraising we will be start to prepare for the judicial review (or appeal process) within a few weeks to a month. If this case has a positive outcome, it will be an extremely important case in being the vanguard for ensuring elderly parents live a motivating and dignified life alongside their loving children. This case can go a long way to ensure those rights are respected and fulfilled. Please donate as much as you able to help us make history in immigration case law for elderly parents.