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Calculating Adequate Maintenance 2015/16 - How To

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Calculating Adequate Maintenance 2015/16 - How To

Post by J0436977 » Sun Sep 04, 2016 8:13 pm

Kindly provide guidance on how much finances do I need to show for my parents (ADR). Appreciate in advance for you help.

FYI - I have scanned through the link below :
http://www.immigrationboards.com/immigr ... 87771.html

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Re: Calculating Adequate Maintenance 2015/16 - How To

Post by CR001 » Sun Sep 04, 2016 8:27 pm

You do realise the risk of refusal is virtually guaranteed? A refusal of ADR means no future visitor visas either.

It is the most expensive and difficult visa to obtain and virtually impossible to get a positive result.

How do you believe your parents qualify?

What are ages and circumstances?

What country national are they?

Suggest read NOT "scan through" through the link below to see the refusal, heartache and costs.

http://www.immigrationboards.com/immigr ... 0-280.html
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Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Casa » Sun Sep 04, 2016 8:50 pm

Also see this extract from the family migration inquiry - Point 5 http://www.appgmigration.org.uk/sites/d ... n-2013.pdf


According to the evidence received by the Committee, the entry route for adult dependent
relatives appears in effect to have been closed. The inquiry received written evidence from 15
British citizens and permanent residents, some of whom were medium and high earners in
medicine and law, who had been unable to bring an elderly relative to join them in the UK as a
result of the new rules. The Committee heard about a ‘catch 22’ situation, within which UK
sponsors who have the means to support an elderly relative in the UK are considered able to do
so overseas and therefore appear to fail to meet the rules. It also heard that elderly relatives are
required to be all but “vegetating” before they can be sponsored to come to the UK.
Evidence from the British Medical Association suggested that the National Health Service has
lost some skilled foreign doctors since July 2012 because they have had to return overseas in
order to care for elderly relatives, and warned of a longer-term deterrent effect on international
talent as a result.
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Re: Calculating Adequate Maintenance 2015/16 - How To

Post by J0436977 » Sun Sep 04, 2016 8:54 pm

Thank you for your feedback --> CR001

My parents have already applied for a ILR few years back i.e. after retirement at 65 when they were working in abroad). The application got rejected. Since then all their visits visa applications were refused as well.

My father is now 75 and mother in her late 60s. Due to old age and medical conditions (Father is a heart patient since 1993 and mother has severe arthritis) they cannot manage on their own.

Hence I am gathering all the information in order to submit a settlement application.

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Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Casa » Sun Sep 04, 2016 9:05 pm

Have you read through the information in Amber's thread to fully appreciate the level of daily care both of your parents need?

Are they unable to bathe and dress themselves, prepare food?

Is the care either not available in their home country or is unaffordable? i.e you are unable to cover the cost?
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Re: Calculating Adequate Maintenance 2015/16 - How To

Post by CR001 » Sun Sep 04, 2016 9:08 pm

If they applied previously pre July 2012 and we're refused they stand zero chance of succeeding now as the route has been made incredibly hard and impossible since the toughening of the ADR visas on 9the July 2012.
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Re: Calculating Adequate Maintenance 2015/16 - How To

Post by J0436977 » Sun Sep 04, 2016 9:18 pm

Dear CR001 and Casa,

Thank you - I have read your response. My parents due to old age are unable to look after themselves. There is no other means (either through relatives or arranged care at home) to be looked after for long period of time.

My wife is a doctor + we are all settled here and can provide all the necessary care independently of Govt/NHS.

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Re: Calculating Adequate Maintenance 2015/16 - How To

Post by Casa » Sun Sep 04, 2016 9:19 pm

Read through 3.1 -Assessing Adequate Maintenance
https://www.gov.uk/government/uploads/s ... x_1_7A.pdf

Also:
Paragraph 6 of the Immigration Rules sets out the definition of ‘adequate’ and ‘adequately’
that must be applied in all cases in relation to a maintenance and accommodation
requirement:
“adequate” and “adequately” in relation to a maintenance and accommodation requirement
shall mean that, after income tax, National Insurance contributions and housing costs have
been deducted, there must be available to the family the level of income that would be
available to them if the family was in receipt of Income Support.

The Immigration Rules do not specify the level of income or amount of funds sufficient for
‘adequate’ maintenance. This will be case specific and depend on the number of dependants
in the family unit. If dependants of the main applicant are going to accompany them to, or
remain with them in, the UK, then sufficient resources must be available for the whole family
unit to be adequately maintained, regardless of their nationality or immigration status.


Also note from link to the inquiry I posted earlier:
Evidence from the British Medical Association suggested that the National Health Service has
lost some skilled foreign doctors since July 2012 because they have had to return overseas in
order to care for elderly relatives, and warned of a longer-term deterrent effect on international
talent as a result.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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Re: Calculating Adequate Maintenance 2015/16 - How To

Post by CR001 » Mon Sep 05, 2016 6:14 am

CR001 wrote:How do you believe your parents qualify?

What are ages and circumstances?

What country national are they?
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