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Older dependent relatives

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MandeepD
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Re: Older dependent relatives

Post by MandeepD » Wed Mar 18, 2015 5:11 pm

workhard25 wrote:Hope someone can help and guide me as i need to know how can i apply for elderly-dependant-relatives from within UK.

Please let me know if someone has any info?

Regards,
M Asif][Contact me on 00000000000 and I can discuss it with you further"]I am British citizen and would like my parents to come and stay with me Permenantly

here are the details
(1)My dad is 65 and my mom is 60
(2) my mom not very well with her health, with her back , she is not good with her memories and i think she has got depression like not happy and ect maybe because of their son left them alone , my dad 65 now getting old they live in 5th floor in a flat not lift he doesn't feel right with his breath when he is walking all them stairs
(3)I have only one brother , My brother lives in same country but they don't speak to each other, he lives with his wife separate from my parents , and he is not bothered to take care of my parents.
(4) They both are financially dependent on me. They have no source of income and no assests other then an apartment which they live in.
(5)I am sending them money through a money gram every month for PAST 3 years
(7) they come as a visitor every year to stay with me for 2 month , i go and meet them once every
I am married and have not got children, I am renting a 2 bed house, which have enough space to accomodate my parents

My questions are
(1) Is it possible that they come and live with me permenantly. Do i have a strong case
(2) Will the embassy/home office will create a problem because my brother is living in the same city however he is not bothered to take care of my parents. As well even he is financially he has not got source of income and he cannot take care of my parents
(3) Should they show thier health conditions to the embassy. Will this be a positive point or will they view it as a burden on NHS
(4) Will you advice me to consult a lawyer
(5)People say when both parents are 65 or over will be more easer to bring in the uk is it right ?
(6) Any valuable advise

Hope some one will help

Many thanks

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Casa
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Re: Older dependent relatives

Post by Casa » Wed Mar 18, 2015 5:54 pm

MandeepD I don't understand why have you re-posted this twice when the OP has already been given an answer?
(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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michali
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Re: Older dependent relatives

Post by michali » Sat Apr 18, 2015 9:58 pm

Just to confirm that adult dependant visas are very difficult to get. A close friend of mine, over seventy years old, still grieving over the loss of her husband and with strong ties to the UK has been denied such a visa. It was not surprising as she did not meet the criteria but her son applied for her regardless. She is on her own, thousands of miles away from her children and with no other family member at all. It is sad. I know sometimes the response is why don't the children go back and live with the parent(s) but the children were born here and my friend is not in her original home country. The rules are obviously very strictly applied. It is unfortunate that the visa for retired persons of means was eliminated some years ago. My friend would have been a perfect candidate for that as she does have assets and would certainly not be a burden on the state.

sugar40
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Re: Older dependent relatives

Post by sugar40 » Fri May 08, 2015 2:35 pm

Hi please advise on getting my elderly inlaws to UK. Both of my husband parent resdies in India. They have 4 children , and all of them are in UK and have UK nationaility. My inlaws are over age 65 , maybe near to their 70. They are in good health except one of them have diabeties and blood pressure and general age issues. My father inlaw lives in his own house, recives pension . he has some savings both in UK and in Indian account.
As they are getting old, and feel alone in india. They like to join their children in UK on permanent basis.

I understand i can make an application for elderly dependent visa. But before i do , i just want understand the whole process and rate of success for application like this case.

Best Regards

RANA-ALI
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Re: Older dependent relatives

Post by RANA-ALI » Mon Nov 23, 2015 2:25 am

Need help please moderators , gurus , members
After numerous represenations and fresh applications for my mother's stay in uk, home office refused very last application with right of appeal , in refusal they have address most of the issues that we highlighted before and they still not satisfied that she should be grant leave to remain in uk
My question is
Becuase i have very little knowledge of appeal process can somone guide me the procedure of appeal ,
Our current solicitor is as incompetent and lazy
as the one we had before (who
Messed completly the grounds of application)and never explain properly and never act as smart with paper work for home office as he act smart with us
It will be great help if i know the procedure before hand
According to solicitor he has sent permision to appeal
Does any one know what would happen next what are the option left , somone told me about one of good barrister for case but is it right stage to contact them
Plz plz help me if any one has any idea about this appeal procedur ,
Also solicitor sent me grounds of appeal after chasing him up for a month now in one of the point he got mixed up and sent a wrong point ? Is it possible to amend that
I ll be really thankful for ur input
Kind regards

avjones
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Re: Older dependent relatives

Post by avjones » Wed Nov 25, 2015 10:28 pm

If you aren't happy with your solicitors, change them.

This is a very, very difficult visa to get. So it isn't possible to say what the chances are without detail.

What will happen once the notice of appeal is filed with the Tribunal is that you will get an acknowledgment of it and then a hearing notice. There might be a "CMR" listed, with is a Case Management Review. It's not that likely unless there are extra, complicated issues that you will need to attend this.

The full hearing will be at a Tribunal. You will need to serve a "bundle" in advance on the Home Office and the Tribunal, containing witness statements, any other evidence (such as medical, financial) relevant to your case, a chronology, and a skeleton argument.

Amanda
RANA-ALI wrote:Need help please moderators , gurus , members
After numerous represenations and fresh applications for my mother's stay in uk, home office refused very last application with right of appeal , in refusal they have address most of the issues that we highlighted before and they still not satisfied that she should be grant leave to remain in uk
My question is
Becuase i have very little knowledge of appeal process can somone guide me the procedure of appeal ,
Our current solicitor is as incompetent and lazy
as the one we had before (who
Messed completly the grounds of application)and never explain properly and never act as smart with paper work for home office as he act smart with us
It will be great help if i know the procedure before hand
According to solicitor he has sent permision to appeal
Does any one know what would happen next what are the option left , somone told me about one of good barrister for case but is it right stage to contact them
Plz plz help me if any one has any idea about this appeal procedur ,
Also solicitor sent me grounds of appeal after chasing him up for a month now in one of the point he got mixed up and sent a wrong point ? Is it possible to amend that
I ll be really thankful for ur input
Kind regards
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

xjhl
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Re: Older dependent relatives

Post by xjhl » Fri Nov 27, 2015 11:07 pm

Hello there,

It is so sad to see there are so many unsuccessful cases here, just wondering if there is any successful case we could share and learn?

I am a chinese mum with a permanent resident visa, my husband is british and we have two little girls. My mum 65 is recently ill with lunch cancer, which she might not have much time left. She is here in the UK at the moment with a family visiting visa. She is weak but she is fit to travel, it's still so heartbreaking to see she needs to go back to China soon. And she might never could make back to UK again. My 6 years daughter asked me today, why grandma could not stay with us?

Just wondering if there are any way we could extend her visitor visa or swap to a different visa, so she could stay here with us? I do believe being with us will help her so much fighting with cancer. We have enough funding to pay her medical privately here, but don't know how to keep her here.

Hope someone could give us some suggestions. We will be so so appreciated.

Many thanks to you all.

avjones
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Re: Older dependent relatives

Post by avjones » Sat Nov 28, 2015 3:17 am

Have a look a the Standard Visa for Private Medical Treatment:

https://www.gov.uk/standard-visitor-vis ... -your-visa
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

xjhl
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Re: Older dependent relatives

Post by xjhl » Sat Nov 28, 2015 9:31 am

avjones wrote:Have a look a the Standard Visa for Private Medical Treatment:

https://www.gov.uk/standard-visitor-vis ... -your-visa
Thanks for your kind reply, could she apply this in the uk swap from her family visitor visa to this private medical visa?

avjones
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Re: Older dependent relatives

Post by avjones » Sun Nov 29, 2015 10:14 am

She doesn't actually have a family visitor's visa, probably, unless it's an old, multiple-entry one. Nor is there such a thing any more as a Medical Treatment visa. They are both sub-divisions of the Standard Visitor's Visa, but you can stay for longer if the purpose is for private medical treatment. ANd yes, you can extend in-country.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

xjhl
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Joined: Fri Nov 27, 2015 10:10 pm

Re: Older dependent relatives

Post by xjhl » Sun Nov 29, 2015 12:54 pm

Thanks again for your information. My mum is having blood test every month and ct scan every three months to monitor the cancer movement. She has done all these in a local private hospital last few months while she is here, she is not having any hospital treatment at the moment part of some cancer tablets. I am wondering if home office will consider these regular blood tests and ct scans as a medical treatment and extend her visa. I just worried once we have apply a extension, if they refuse this application. She might not be able to come back again.

Many thanks again for your help.

avjones
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Re: Older dependent relatives

Post by avjones » Sun Nov 29, 2015 1:11 pm

You need to look at the Rules and the Guidance, and the exact position your mother's in, and see whether she fits within the category, really.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

RANA-ALI
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Re: Older dependent relatives

Post by RANA-ALI » Wed Dec 09, 2015 12:40 am

avjones wrote:If you aren't happy with your solicitors, change them.

This is a very, very difficult visa to get. So it isn't possible to say what the chances are without detail.

What will happen once the notice of appeal is filed with the Tribunal is that you will get an acknowledgment of it and then a hearing notice. There might be a "CMR" listed, with is a Case Management Review. It's not that likely unless there are extra, complicated issues that you will need to attend this.

The full hearing will be at a Tribunal. You will need to serve a "bundle" in advance on the Home Office and the Tribunal, containing witness statements, any other evidence (such as medical, financial) relevant to your case, a chronology, and a skeleton argument.

Amanda
Thanks for ur reply
Do u know how long does it take to get acknowledement for appeal , according to solicitor they submit appeal more than month ago , after that cant get hold of the solicitor ,
Is there any way that we can check whether
he submitted appeal and if its on thier system now ?
Regarding changing solicitor we already change solicitor couple of year ago they all seems to be same , at beginning they give u high hopes but as time pass they start to act in same manners
dont know where to go from here, this case is already a mess and dont know how a new solicitor could do any thing different from the previous one, i know there is not much chance but we dont have any choice
Also as mention previously is it possible to amend ground of appeal as there is a mistake in the appeal grounds

avjones
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Re: Older dependent relatives

Post by avjones » Wed Dec 09, 2015 4:58 pm

Yes, you can amend the grounds of appeal up to and including the date of the hearing
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

iamhuman
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Re: Older dependent relatives

Post by iamhuman » Wed Jan 13, 2016 9:31 am

Hi All,

I am a UK naturalised citizen and wish for my mum to join be in the UK as she has several health conditions. Based on all the reading I've done, it seems the current legislation makes it near impossible to qualify under Adult Dependent Relative route and if one does apply, they risk losing the Visitor Visa route.

Is there anything in motion to bring about changes to these regulations? Are there cases of success stories?

Any info would be much appreciated.

iamhuman
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Re: Older dependent relatives

Post by iamhuman » Wed Jan 13, 2016 10:41 am

mkzp wrote:Hi Sanky,

Can you please pm me as i am interested in finding out more information regarding calling my mother to Ireland viaa eeu route
Hi both,

I am in similar situation and exploring the eea option as well. Can we please get in touch via PM?

Thanks

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Casa
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Re: Older dependent relatives

Post by Casa » Wed Jan 13, 2016 10:45 am

iamhuman wrote:
mkzp wrote:Hi Sanky,

Can you please pm me as i am interested in finding out more information regarding calling my mother to Ireland viaa eeu route
Hi both,

I am in similar situation and exploring the eea option as well. Can we please get in touch via PM?

Thanks
Members are unable to send or receive PMs until they have made 30 posts.
(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.

iamhuman
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Re: Older dependent relatives

Post by iamhuman » Thu Jan 14, 2016 2:31 pm

Thanks for letting me know Casa.

I've just come across some update on the Immigration Bill 2015, which went for 3rd reading in Dec 15 and will now go to House of Lords for consideration.

Does anyone know much about this?

secret.simon
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Re: Older dependent relatives

Post by secret.simon » Fri Jan 15, 2016 12:22 am

iamhuman wrote:I've just come across some update on the Immigration Bill 2015
My jaw dropped when you indicated that somebody is actually following the progress of the Immigration Bill.

Here is a link to the full text of the Immigration Bill 2015. The Immigration Bill 2015 focuses on making the lives of illegal migrants difficult, by making it a crime for anybody to rent them a house, give them a job and by making it easier to confiscate the money they earned from illegally working. It also has a range of new fees (see Clauses 55-59) that the government is likely to start charging when the law is passed.

Baroness Deech, a crossbench/non-party member, has written a very useful guide on how to lobby members of the House of Lords, if anybody reading this wishes to lobby them.

It does not have anything on Adult Dependent Relatives. That is a category under the Immigration Rules, which is secondary legislation (SI) made by the Home Office and is passed automatically (without debate) if neither House objects to it. Given that the Commons has a government majority and the Lords are very reluctant to oppose the Commons, that means that SIs automatically become law most of time without debate.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

iamhuman
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Re: Older dependent relatives

Post by iamhuman » Fri Jan 15, 2016 8:08 am

secret.simon wrote:
iamhuman wrote:I've just come across some update on the Immigration Bill 2015
My jaw dropped when you indicated that somebody is actually following the progress of the Immigration Bill.

Here is a link to the full text of the Immigration Bill 2015. The Immigration Bill 2015 focuses on making the lives of illegal migrants difficult, by making it a crime for anybody to rent them a house, give them a job and by making it easier to confiscate the money they earned from illegally working. It also has a range of new fees (see Clauses 55-59) that the government is likely to start charging when the law is passed.

Baroness Deech, a crossbench/non-party member, has written a very useful guide on how to lobby members of the House of Lords, if anybody reading this wishes to lobby them.

It does not have anything on Adult Dependent Relatives. That is a category under the Immigration Rules, which is secondary legislation (SI) made by the Home Office and is passed automatically (without debate) if neither House objects to it. Given that the Commons has a government majority and the Lords are very reluctant to oppose the Commons, that means that SIs automatically become law most of time without debate.

Hi secret.simon

I've been doing a fair bit of research and eventually stumbled across the recent immigration bill. I have to say I was looking at the Joint Council for the Welfare of Immigrants, when I read about the immigration bill, which gave me a bit of hope. There is a a specific section within the amendments NC14 and NC15 which refers to Partners and Adult Dependent Relatives.

I tried to get my head round whether its part of the bill tabled or is it just an amendment put forward by some MPs and the discretion lies with the Secretary of State to include it.

Going by the reading it sounded like it will be changed.

Below is the text;

Mr Alistair Carmichael
NC15
 To move the following Clause—
“Adult dependant relative visas
(1) The Secretary of State shall within six months after this Act receives Royal
Assent amend the Immigration Rules regarding Entry Clearance in respect of an
adult dependant relative of a person who is—
(a) a British Citizen; or,
12 Consideration of Bill (Report Stage): 27 November 2015
Immigration Bill, continued
(b) a person settled in the UK; or
(c) in the UK with refugee leave or humanitarian protection
to make provision as set out in this section.
(2) The Immigration Rules for persons specified in subsection (a) must not require as
condition for entry that in the country where they are living—
(a) the required level of care is not available;
(b) there is no person in that country who can reasonably provide the
required level of care;
(c) the required level of care is not affordable.
(3) The applicant shall be adequately maintained, accommodated and cared for in the
UK by the sponsor without recourse to public funds for five years.”

avjones
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Re: Older dependent relatives

Post by avjones » Fri Jan 15, 2016 9:27 am

That's a Scottish Liberal Democrat MP - so unlikely to be an actual change
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

iamhuman
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Re: Older dependent relatives

Post by iamhuman » Fri Jan 15, 2016 9:50 am

Yes indeed, thanks for the reply Amanda.

secret.simon
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Re: Older dependent relatives

Post by secret.simon » Thu Jan 21, 2016 9:32 am

The link that I provided is of the bill as introduced into the Lords, after the Commons had passed it with any amendments. As it does not contain the text you have highlighted, the amendment was not approved. Indeed, it is very likely that the amendment was not even debated in the Commons. A lot of the procedure in the Commons is about political visibility, to be seen to do something.

The Lords is where the real action of amendments takes place. At least four days of Committee stage debate have been put down for this bill, with two days having gone (Monday and yesterday) and two further days two weeks from now (1st and 3rd February). But no amendments will take place at this stage, though many will have been put down. They are debated and that gives the government an idea of what will be accepted and what won't and then the government can come forward with their own amendments, which would be acceptable to both it and the opposition in the Lords. The Lords work in a much more consensual manner, as compared to the confrontation of the Commons.

The real amendments will take place at Report stage, following the Committee stage. That would likely take place on or after 22nd February.

That should give us sufficient time to lobby members of the House of Lords, particularly the cross-bench/party independent members, to put down suitable amendments.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

iamhuman
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Re: Older dependent relatives

Post by iamhuman » Fri Jan 22, 2016 4:33 pm

I see, its all very complicated, to follow where the amendment actually is. I very much doubt, they will even look at this bit.

I did see in the latest udpated draft bill, that they have included text regarding financial requirement for a partner but nothing for ADR.

iamhuman
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Re: Older dependent relatives

Post by iamhuman » Mon Feb 01, 2016 10:18 am

I've just seen below in the latest amendment to the immigration bill;

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Third Marshalled List]

After Clause 38
BARONESS HAMWEE
LORD PADDICK

234AA*
Insert the following new Clause—
“Family visas
(1) The Secretary of State must, within six months of this Act coming into force,
amend the immigration rules regarding the entry clearance of adult
dependent relatives of—

(a) British citizens in the United Kingdom;

(b) persons settled in the United Kingdom; or

(c) persons in the United Kingdom with refugee leave or humanitarian
protection,

to make provision for sponsorship of an applicant provided that the
conditions set out in subsection (2) are met.

(2) The condition is that the applicant, and if the applicant and his or her
partner are the sponsor’s parents or grandparents, the applicant’s partner,
will be adequately maintained, accommodated and cared for in the United
Kingdom by the sponsor and without recourse to public funds.”

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