Elderly Dependent Visa

[edinscot]

Hi, I am a settled person in UK from tier1 general to ILR. My mom is here with me in UK on visitor visa. Can I apply for her Visa under elderly dependent category from UK when she is here as visitor or need to go back to home country to apply for this visa. If she can't apply from UK could you please quote relevant section of immigration law which refrain from applying visa from UK. thanks in advance

[Wanderer]

Hi, I am a settled person in UK from tier1 general to ILR. My mom is here with me in UK on visitor visa. Can I apply for her Visa under elderly dependent category from UK when she is here as visitor or need to go back to home country to apply for this visa. If she can't apply from UK could you please quote relevant section of immigration law which refrain from applying visa from UK. thanks in advance

Has to apply from home, you should know that this visa has a 99.99% denial rate, and a denial will result in no further visit visas being issued.

It's not been possible to switch from visit visas in-country since 2004.

It's also a lot on money to throw away, £2000 for the visa and I think £2500 IHS surcharge.

You must be dependent on a parent, grandchild, brother, sister, son or daughter of someone living permanently in the UK.

You must prove that:

1. you need long-term care to do everyday personal and household tasks
2. the care you need is not available or affordable in the country you live in
3. 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
4. you’re 18 or over

[Casa]

No. Switching from a visitor visa to any other category from within the UK is not permitted. Also you should be aware that this route for elderly dependent relatives has been virtually closed. In order for an application to succeed your mother would have to show that she needs daily care for basic tasks such as dressing, bathing and feeding etc. Also that care must either not be available in her home country or is unaffordable. Unless she is from a country with a higher cost of living in the UK (such as the USA), it would be assumed that if you can afford to support her with care here, you would be able to do so in her home country.
Bear in mind that if you apply and the visa is refused, you will be closing the door for any future visitor visas due to the intention to settle. There have only been a handlful of successful applications for this category of visa since the rules were tightened in 2012, and the majority of these were after a lengthy appeal, or from a country where the cost of care is extremely high.

https://www.gov.uk/remain-in-uk-family/overview

http://www.jcwi.org.uk/policy/adult-dependent-relatives

Edit: +1 for advice from Wanderer

[edinscot]

Thanks very much Wanderrer and casa for prompt reply and also let me know repercussions. I will think over it and probably might take a chance. Thanks a lot again

[Casa]

Does your mother need daily care for basic tasks? If not, unfortunately your application stands zero chance of success. To be fair to her, you should let your mother know that if the ADR application fails, this is the last time she will be able to visit you in the UK.

[edinscot]

Does your mother need daily care for basic tasks? If not, unfortunately your application stands zero chance of success. To be fair to her, you should let your mother know that if the ADR application fails, this is the last time she will be able to visit you in the UK.

Thanks Casa, yes she need daily care and cost yes my wife is housewife and can look after her free so cheap from any where in the World and thinking about some other evidence from institution regarding her daily need as well as no one else can look after her keeping in mind that UKBA can reject those at once. Yes I already told her that chances are very less but can use other options to come back in UK if UK remained par of EU. I can only make efforts and lets see outcome. Thanks Casa.......

[Casa]

Fair enough, it's your choice. However, the ECO won't consider whether it's cheaper provide the care for your mother in the UK, but whether you can afford to do so in her own country.

[Wanderer]

Does your mother need daily care for basic tasks? If not, unfortunately your application stands zero chance of success. To be fair to her, you should let your mother know that if the ADR application fails, this is the last time she will be able to visit you in the UK.

Thanks Casa, yes she need daily care and cost yes my wife is housewife and can look after her free so cheap from any where in the World and thinking about some other evidence from institution regarding her daily need as well as no one else can look after her keeping in mind that UKBA can reject those at once. Yes I already told her that chances are very less but can use other options to come back in UK if UK remained par of EU. I can only make efforts and lets see outcome. Thanks Casa.......

Is there anyone back home who can look after her needs? Family, etc? Is she financially dependent on you now?

UKVI will argue that care can provided back home if by family by local care, so the question is redundant.

[edinscot]

Fair enough, it's your choice. However, the ECO won't consider whether it's cheaper provide the care for your mother in the UK, but whether you can afford to do so in her own country.

I d understand what you mean and don't want to argue but to let you know is possible as per my understanding. If you think its not the case then could you please explain me if you like. The below is example from UKBA from Appendix FM section FM 6.0 point g


A husband and wife (both aged 70) live in Pakistan. Their daughter lives in
the UK. The wife requires long-term personal care owing to ill health and
cannot perform everyday tasks for herself. The husband is in good health,
but cannot provide his wife with the level of care she needs. They both want
to come and live in the UK. The daughter can care for her mother full time in
her home as she does not work whilst her husband provides the family with
an income from his employment. Her sister in the UK will also help with care
of the mother. The applicant provides the ECO with the planned care
arrangements in the UK. This could meet the criteria if the applicant can
demonstrate that they are unable even with the practical and financial
help of the sponsor to obtain the required level of care in the country
where they are living because it not available and there is no person in
that country who can reasonably provide it or it is not affordable and
other relevant criteria are met.

[Casa]

"This could meet the criteria if the applicant can
demonstrate that they are unable even with the practical and financial
help of the sponsor to obtain the required level of care in the country
where they are living because it not available and there is no person in
that country who can reasonably provide it or it is not affordable and
other relevant criteria are met."

How will your mother demonstrate this?

[Wanderer]

Fair enough, it's your choice. However, the ECO won't consider whether it's cheaper provide the care for your mother in the UK, but whether you can afford to do so in her own country.

I d understand what you mean and don't want to argue but to let you know is possible as per my understanding. If you think its not the case then could you please explain me if you like. The below is example from UKBA from Appendix FM section FM 6.0 point g


A husband and wife (both aged 70) live in Pakistan. Their daughter lives in
the UK. The wife requires long-term personal care owing to ill health and
cannot perform everyday tasks for herself. The husband is in good health,
but cannot provide his wife with the level of care she needs. They both want
to come and live in the UK. The daughter can care for her mother full time in
her home as she does not work whilst her husband provides the family with
an income from his employment. Her sister in the UK will also help with care
of the mother. The applicant provides the ECO with the planned care
arrangements in the UK. This could meet the criteria if the applicant can
demonstrate that they are unable even with the practical and financial
help of the sponsor to obtain the required level of care in the country
where they are living because it not available and there is no person in
that country who can reasonably provide it or it is not affordable and
other relevant criteria are met.

That's from 2012, the rules have been considerably tightened up since then, you can count the number of these visa granted on one hand, and they are for citizens of countries where health and care costs are higher than in the UK.

But if you want to spunk £4500 on a lost cause go for it....

[Casa]

Well spotted Wanderer. I'd missed the out of date guidance.

[Casa]

You may want to read through the PDF in the JCWI report.

http://www.jcwi.org.uk/sites/default/fi ... 202014.pdf

In particular the Conclusion:
79% of lawyers we contacted informed us they are advising clients not to make applications
because they do stand a chance of meeting the very restrictive criteria of the Rules, most
of these client would have been granted settlement under the old criteria. The application
process is very costly and the family risk being able to enjoy any form of family life in the UK
however temporary, by being refused a visitor’s visa. This is because once a person applies for
settlement and is refused, it becomes almost impossible for them to demonstrate that they
do not intend to settle in the UK and will return home after their visit. The right to appeal this
decision has also been simultaneously taken away. This is a double jeopardy for families.

[avjones]

I've done one appeal on this type of visa that was successful. Through colleagues I've heard of a couple of others, and that's it. It's almost impossible to get.

And it's not possible to switch from visitor's visa to elderly relative. That's a 0% chance. It's not possible.

So in-country the only way to do it is under Article 8, right to private and family life, outside the Immigration Rules. Not technically impossible, so it's not a 0% chance. Slightly higher. Say 0.1% chance (depending on the facts). Because it's outside the Rules the cost to the NHS of your mother being here will be counted against her, as will the fact she came as a visitor. If she doesn't speak English, that's counted against her, too.