ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Can I apply depedent visa for my parent to stay with me inUK

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
settling14
Newly Registered
Posts: 14
Joined: Mon Apr 07, 2014 5:31 pm

Can I apply depedent visa for my parent to stay with me inUK

Post by settling14 » Sat Nov 08, 2014 10:24 am

Hi,

I got my ILR visa in September 2014.Now I am settled in UK. I am staying with my wife and one kid(baby girl ).My wife is eligible for ILR (currently having Tier 2 ICT visa). She is applying for ILR in Feb 2015.
My parents are now above 60year old.They got retired from their job a long back and staying in India. I want my parent to stay with us in their old age. I will bear their all expense.

Could you please suggest and guide me how can I apply for a dependent visa for my parent to stay with me longer period.

Thanks & Regards
settling14

User avatar
Casa
Moderator
Posts: 25686
Joined: Wed Jul 23, 2008 2:32 pm

Re: Can I apply depedent visa for my parent to stay with me

Post by Casa » Sat Nov 08, 2014 10:44 am

Under tougher rules it has become virtually impossible for elderly parents to be granted a dependent visa. Unless they need daily help with washing, dressing and feeding and the care is not available or affordable in their own country, then the application will not succeed. The other problem is that if a dependent visa is applied for and refused they will also risk being refused for visitor visas in the future.
(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.

settling14
Newly Registered
Posts: 14
Joined: Mon Apr 07, 2014 5:31 pm

Re: Can I apply depedent visa for my parent to stay with me

Post by settling14 » Sat Nov 08, 2014 11:48 am

Hi ,

My mother is having internal injury in her knees since long time and she is not able to walk for a short while. She also feels her legs inactive while walking so there is a chance of falling down. We have tried for her treatment with so many doctors but still there is no improvement. So I want to keep my parent with me for better care as now I am settled in UK

Could you please explain the rule in detail so that I can get the permission for my parent to stay in UK for longer period


Thanks & Regards
settling14

MPH80
Respected Guru
Posts: 2065
Joined: Sat Oct 11, 2008 10:56 pm
Location: UK

Re: Can I apply depedent visa for my parent to stay with me

Post by MPH80 » Sat Nov 08, 2014 12:09 pm

She needs to require help with daily tasks, such as washing, dressing and going out.

You then need to show that you can't afford to hire help nearby (the unwillingness to hire help isn't good enough) and then you need to show that you CAN afford to take care of her without recourse to public funds over 5 years.

That last bit is almost impossible to prove given the costs of care in India will be substantially lower than the costs of supporting an additional person in the UK.

M.

User avatar
Casa
Moderator
Posts: 25686
Joined: Wed Jul 23, 2008 2:32 pm

Re: Can I apply depedent visa for my parent to stay with me

Post by Casa » Sat Nov 08, 2014 12:11 pm

I have explained the basic requirements, but here's the exact wording on the new regulations:
"Coming to be cared for - you’re an adult dependent relative
You must be dependent on a parent, grandchild, brother, sister, son or daughter of someone living permanently in the UK.
You must prove that:
you need long-term care to do everyday personal and household tasks
the care you need is not available or affordable in the country you live in
the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years
you’re 18 or over"


The reason the majority of applications are being refused is due to the fact that in most countries (particularly Asia and Africa), the cost of care is lower than in the UK. Therefore if you are able to afford their care in the UK you would be able to afford to pay for it in their own country. Limited mobility wouldn't qualify for needing constant care for washing, dressing and feeding. Also, I assume that both of your parents don't need daily care. i.e your father would be able to assist your mother. I'm just explaining how the Entry Officer will view it. To my knowledge (certainly on the forum) there have only been a couple of successful applications since the rule change.
(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.

vinny
Moderator
Posts: 32802
Joined: Tue Sep 25, 2007 7:58 pm

Re: Can I apply depedent visa for my parent to stay with me

Post by vinny » Sat Nov 08, 2014 12:33 pm

Parliamentary inquiry into new family migration rules wrote:3.2. Adult dependents

The new immigration rules appear to have had a significant impact on applications under the adult dependent relatives visa route. Home Office statistics show that, in 2011, 1,892 entry clearance visas were issued in the ‘Family route: other (for settlement)’ category. In 2012, 1,590 visas were issued within this category35.

These statistics do not disaggregate the data relating to different groups of family migrants under this category, which includes adult dependent relatives as well as dependents under the refugee family reunion route. Management information from the UK Border Agency for the period between 9 July 2012 and 31 October 2012, however, shows that only one settlement visa was issued to an adult dependent relative during that period36.


------
35 Home Office (February 2013) Immigration Statistics October to December 2012 Vol 4: Table be.06.q.f: Entry clearance visas issued by category and country of nationality: Family. Available online at: https://www.gov.uk/government/publicati ... ember-2012
36 Letter from Lord Taylor of Holbeach CBE to Lord Avebury, 18 December 2012, quoted in ILPA submission
Adult Dependent Relative Visa Figures Revealed wrote:In response to a question from Lord Avebury, government minister Lord Taylor confirmed that in the period 9 July - 31 October 2012 just one visa was issued worldwide to an adult dependent relative.
Immigration Restrictions Condemn Elderly Parents to Lonely Twilight Years. wrote:Between October 2012 and September 2013, the Home Office issued just 34 visas for Adult Dependent relatives to come to join their families in the UK.
[url=http://www.jcwi.org.uk/sites/default/files/documets/adr%20report.pdf]ADR report[/url] (page 8) wrote:A Freedom of Information Request to the Home Office by JCWI has revealed that between 1 November 2012 and 30 September 2013, 34 settlement visas were issued to an Adult Dependent Relative under Appendix FM to the Immigration Rules. This includes grants on appeal. A senior Home Office official has informed us that six to ten visas have been granted by Entry Clearance Officers from July 2012 until the end of 20137. The numbers in this category have always been very low but now this visa category has almost been closed off. We echo Sarah Teather MP who stated in Parliament that the Rules are “a ban masquerading as a rule.”8

...
7 Personal Correspondence
8 Hansard 19 Jun 2013 : Column 261WH
User Guide to Home Office Immigration Statistics wrote:The Home Office does not record the statistics for adult dependent relatives based on which category of the rules the application was made under. The entry clearance endorsements used for adult dependent relative applications are also used to record applications under other routes, for example children applying for indefinite leave under part 8 of the Immigration Rules. It is therefore not possible to identify adult dependent relatives without the inspection of individual case records. The Home Office is reviewing the collection of data relating to adult dependent relative settlement visas.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

WBP
Newly Registered
Posts: 14
Joined: Fri Jan 10, 2014 2:58 pm

Re: Can I apply depedent visa for my parent to stay with me

Post by WBP » Mon Nov 10, 2014 10:20 am

I can understand your situation and your emotions to care for your mother living with her in UK. You need to be aware that this ADR visa if refused then she will find it almost impossible to get a visitor visa. so it is risky however, if you are confident your mother's condition is serious and she matches the ADR rules then you should be prepared for this to go to appeal process too if the entry clearance officer in your mother's country rejects the visa in the first place however incorrect/insensitive he may be(which they are in most cases).

Locked
cron