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ccinuk
Newbie
Joined: 23 Dec 2011
Posts: 3
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 Posted: Fri Dec 23, 2011 7:54 pm Post subject: Re: Parents who are financially not dependant |
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| timmoo wrote: | I find it quite strange that the rules give provision for parents settlement only if parents are financially dependant upon children settled in UK.
In our case, we are 2 siblings: me and my sister. Both are settled in UK with our families and are professionals. Our parents are both retired in our native country and are financially sound - means they don't need us to support them financially as such. However, as we are their only 2 children, the financial dependence is not the only thing, rather there is an emotional relationship between parents and children and after their retirement now, they want to live with us in UK.
Is there any provision in any immigration category for them to settle with us in UK?
(Additional info: As they were both working before retiring, so for past about 10+ years, they had been visiting us in UK on holidays, about 2 months every year, on visit visa. And even now hold a 5 year visit visa) |
I agree - did anyone ever give you any advice in this matter. I want to bring my parents over too and they are not dependent on me (yet) and I want to have a normal family relationship, as in, have them near me!!! Anyone have advice??
SO if I understand correctly...there is no way for my parents to come and live in the UK from the US if they are not over 65 and dependent on me? Even though they do not need recourse to public funds, etc as in they can afford to buy a home and live and we will support them if/when necessary. SO basically I am being forced to choose to either sacrifice a normal close relationship with my family OR have my husband move to the US and sacrifice his family...this surely can't be right??? |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6958
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| Posted: Tue Dec 27, 2011 12:02 pm Post subject: Re: Older dependent relatives |
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..posted in wrong thread
Last edited by Greenie on Tue Dec 27, 2011 12:06 pm; edited 1 time in total |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6958
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| Posted: Tue Dec 27, 2011 12:04 pm Post subject: Re: Older dependent relatives |
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forzacitizens
Newbie
Joined: 06 Jul 2011
Posts: 5
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| Posted: Thu Jan 12, 2012 4:01 pm Post subject: settlement visa |
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hello everyone,
I have been searching the UK border agency website etc, and i am just wondering if anyone knows the process of uk settlement visa application for a dependent relative?
i.e i know the border agency rings the sponsor etc, but does anyone know the process in greater detail?
thank you |
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timmoo
Newbie
Joined: 07 Apr 2011
Posts: 2
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| Posted: Tue Feb 14, 2012 6:30 pm Post subject: Re: Parents who are financially not dependant |
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| ccinuk wrote: | | timmoo wrote: | | I find it ...... |
I agree - did anyone ever give you any advice in this matter. I want to bring my parents over too and they are not dependent on me (yet) and I want to have a normal family relationship, as in, have them near me!!! Anyone have advice??
SO if I understand correctly...there is no way for my parents to come and live in the UK from the US if they are not over 65 and dependent on me? Even though they do not need recourse to public funds, etc as in they can afford to buy a home and live and we will support them if/when necessary. SO basically I am being forced to choose to either sacrifice a normal close relationship with my family OR have my husband move to the US and sacrifice his family...this surely can't be right??? |
No. I have gone through UKBA website and have also asked many friends (who generally keep close eye on immigration matters) but have not received any advice. Currently, my parents take 5 years multiple entry visa and then stay few months in UK every year. But I would prefer to have a better solution. Please do let me know if you receive any advice/suggestion? |
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b52
Junior Member
Joined: 31 Dec 2008
Posts: 38
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| Posted: Mon May 14, 2012 1:20 am Post subject: dependent reletives |
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I have indefinite leave . I want to apply my parent's settlement visa they are over 65. My brother is in UK on tier 1 general. We are two brothers and two sis. One sister is married and lives in islambad- Pakistan. Other sister lives in sialkot-Pakistan with parents. Parents and sister are financially fully dependent on us. My parents are old and they need male presentation to take care of them. Can I sponsor my parents and my sister together on settlement visa.
Kind regards |
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sam2106
Member
Joined: 19 Apr 2012
Posts: 60
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| Posted: Thu May 31, 2012 8:44 am Post subject: ILR for Elder parents |
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When parents over 65 yrs old apply for indefinite leave on the basis of one of their child who is present and settled in UK..what sort of benefits the get on their ILR:
> is work for them allowed? * esp if one parent is equal to or more than 65 yrs old of age, the other parent is much younger.
> do they have access to a GP like us and free hospital treatment and other NHS prescription charges for medicines will apply the same?
> can they have recourse to public funds like us? e.g job seekers allowance, income support, etc etc
What is exactly allowed and what are exactly excluded for their special ILR?
thanks. |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6958
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| Posted: Thu May 31, 2012 12:21 pm Post subject: Re: ILR for Elder parents |
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| sam2106 wrote: | When parents over 65 yrs old apply for indefinite leave on the basis of one of their child who is present and settled in UK..what sort of benefits the get on their ILR:
> is work for them allowed? * esp if one parent is equal to or more than 65 yrs old of age, the other parent is much younger.
> do they have access to a GP like us and free hospital treatment and other NHS prescription charges for medicines will apply the same?
> can they have recourse to public funds like us? e.g job seekers allowance, income support, etc etc
What is exactly allowed and what are exactly excluded for their special ILR?
thanks. |
Yes work is allowed however reliance on the ability of the relative to work in the UK in order to meet the maintenance requiremenets would not be advisable given that the point is that the relative is wholly or mainly financially dependent on the sponsor
Yes they would have access to the NHS
They do not have access to most benefits as the sponsor is required to sign a maintenance undertaking saying they will be responsible for the family member's maintenance and accomodation whilst they are in the UK. If the relative does claim disallowed benefits then these can be recovered from the sponsor. It is only once the relative been in the UK for 5 years/5 years after the undertaking was signed that full access to benefits is allowed.
See Public funds page 23 and undertakings |
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sam2106
Member
Joined: 19 Apr 2012
Posts: 60
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| Posted: Thu May 31, 2012 11:17 pm Post subject: Re: ILR for Elder parents |
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| Greenie wrote: | | sam2106 wrote: | When parents over 65 yrs old apply for indefinite leave on the basis of one of their child who is present and settled in UK..what sort of benefits the get on their ILR:
> is work for them allowed? * esp if one parent is equal to or more than 65 yrs old of age, the other parent is much younger.
> do they have access to a GP like us and free hospital treatment and other NHS prescription charges for medicines will apply the same?
> can they have recourse to public funds like us? e.g job seekers allowance, income support, etc etc
What is exactly allowed and what are exactly excluded for their special ILR?
thanks. |
Yes work is allowed however reliance on the ability of the relative to work in the UK in order to meet the maintenance requiremenets would not be advisable given that the point is that the relative is wholly or mainly financially dependent on the sponsor
Yes they would have access to the NHS
They do not have access to most benefits as the sponsor is required to sign a maintenance undertaking saying they will be responsible for the family member's maintenance and accomodation whilst they are in the UK. If the relative does claim disallowed benefits then these can be recovered from the sponsor. It is only once the relative been in the UK for 5 years/5 years after the undertaking was signed that full access to benefits is allowed.
See Public funds page 23 and undertakings |
Thanks a lot for your answer greenie..
Thats fair enough. Yes I understand sponsor should maintain for their accomodation and living expenses as per the rule for how this sort of ILR application is granted, however it's good to know that they are free to work at their own will, e.g they are not legally prevented from taking employment..e.g a being on a student visa for example, some student are restricted to 20 hours, others 10 hours of employment, etc etc or a tier 2 ( general ) is not free to change employer without doing a a new tier 2 application etc etc..they wont have these sorts of restrictions on their ILR
I now see that NHS is not classed under public funds thanks for that...therefore it's good to know that they will have access to a GP and medicine the same price that I pay and I would not have to buy at exhorbitant private prescription prices or see expensive private doctors in the event they fall ill etc...
Any specific reference you have seen that those public funds restrictions are waived after a period of 5 years? are they not allowed to apply for naturalisation and citizenship after being on their ILR for a period of 1 year like us? thanks
Also,are there any special application form to apply for such ILR for them or is it done on form SET(O)..i am thinking SET(O) is not applicable as they would have to apply at British High Comission back home, also any idea how much this app cost for 2 parents?
If by the time of application , one parent is 65yrs old, the other is 55 years, only 2 children, 1 son in uk, 1 married daughter in Canada, no other close relatives who can financially and emotionally support them, they are totally realiable on me, do you think this situation satisfies all the requirements of rule 317, 318 and 319?
please let me know your thoughts
thanks a lot |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6958
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| Posted: Sat Jun 02, 2012 9:35 pm Post subject: |
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The form for in country applications is set(f ) but if they are applying from outside the UK it is vaf4a as you will see if you follow the links to the various guidance documents and pages on the first page of this thread.
The 5 year limit is explained in the public funds document i provided a link to in my previous thread.
Unless married to a British citizen 5 years residence in the UK with one year being free from immigration time restrictions is required. They can't just apply for citizenship after one year in the UK.
This category is very difficult and it is not possible to comment on whether your family members would meet the requirements on the basis of the information given alone. You should seek advice from a competent immigration solicitor or advisor as making a failed settlement application of this type can put a stop to any future visit visa applications. |
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sam2106
Member
Joined: 19 Apr 2012
Posts: 60
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| Posted: Sun Jun 03, 2012 9:59 am Post subject: |
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| Greenie wrote: | The form for in country applications is set(f ) but if they are applying from outside the UK it is vaf4a as you will see if you follow the links to the various guidance documents and pages on the first page of this thread.
The 5 year limit is explained in the public funds document i provided a link to in my previous thread.
Unless married to a British citizen 5 years residence in the UK with one year being free from immigration time restrictions is required. They can't just apply for citizenship after one year in the UK.
This category is very difficult and it is not possible to comment on whether your family members would meet the requirements on the basis of the information given alone. You should seek advice from a competent immigration solicitor or advisor as making a failed settlement application of this type can put a stop to any future visit visa applications. |
Thanks a lot Greenie.
yes i found the mention for the 5 years limit and which benefits they can claim during the five years, which ones they cannot, e.g the remaining one which they can only claim after 5 years.
Wow this application cost £1850 per elderly parent..£3700 for 2 parents...plus no guarantee of success...thats a lot to risk
how much a solicitor will take on top? any recommendations?
> Unless married to a British citizen 5 years residence in the UK with one year being free from immigration time restrictions is required.They can't just apply for citizenship after one year in the UK.
What do you mean by the above please? Are you referring to this paragraph which i found in AN guidance booklet:
"To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. And the total number of days absence for the whole 5 year period should not exceed 450. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3 year period should not exceed 270."
thanks a lot! |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6958
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| Posted: Sun Jun 03, 2012 10:35 am Post subject: |
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I was referring to the standard requirements for citizenship which require 5 years residence not just one year of ilr.
Yes it is expensive and risky. |
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vinny
Moderator
Joined: 25 Sep 2007
Posts: 12433
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| Posted: Sun Jun 03, 2012 12:24 pm Post subject: |
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See also Any good law firm recommendation?
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We do not inherit the Earth from our ancestors, we borrow it from our children. |
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sam2106
Member
Joined: 19 Apr 2012
Posts: 60
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| Posted: Sun Jun 03, 2012 1:04 pm Post subject: |
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Thanks a lot Greenie and Vinny for the link.
I'll have to research a good OISC or Solicitor firm with good records success of ILR for elderly parents.
thanks enjoy your long weekend. |
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rajgri
Newbie
Joined: 03 Jun 2012
Posts: 1
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| Posted: Sun Jun 03, 2012 3:39 pm Post subject: Elderly dependent visa |
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Dear members, i am looking for advice with regards to the ILR application, I wish to file for my parents. My situation is that I am a british citizen although my parents are indian citizens and they live in india. my dad, age 67 yrs, was diagnosed with a terminal illness in early Jan 2012 and I have not been able to return to the UK since Jan 2012 as am in india with my dad and mum [age 68 yrs) as he requires care -both nursing and medical. Me being a doctor myself has proved vital in indian system to get/coordinate/ preempt medical help and so-on. I have one sister who is married, lives in another city with her husband/inlaws and son and its only every few months when she is able to visit parents on day visits and she is unable to look after my parents [which she is happy to confirm in writing]. Prior to my fathers illness, I had been supporting them financially at times but since december 2012, I had firstly started seding money via bank transfer then used my indian bank account to fund treatments [like chemo/hospital admissions and medications] . Their pensions are only able to fund perhaps 40-50 of their expenses now. I am now running out of options, my father needs me both for physical/financial dependence and now emotional dependence and I also need to start working again for which I need to return back to UK. If I returned to UK [with my dad], me and my wife [ who along with my 2 year old son is still in the UK for all these months, as she is working too... our family life is clearly being adversely affected too] can look after my dad and we can also employ carers too. Do I have a fair chance of success if I apply for ILR for my parents. They had visited me twice on visit visa in the past. I am very grateful for advice from members here.
kind regards |
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sam2106
Member
Joined: 19 Apr 2012
Posts: 60
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| Posted: Sun Jun 03, 2012 5:34 pm Post subject: Re: Elderly dependent visa |
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| rajgri wrote: | Dear members, i am looking for advice with regards to the ILR application, I wish to file for my parents. My situation is that I am a british citizen although my parents are indian citizens and they live in india. my dad, age 67 yrs, was diagnosed with a terminal illness in early Jan 2012 and I have not been able to return to the UK since Jan 2012 as am in india with my dad and mum [age 68 yrs) as he requires care -both nursing and medical. Me being a doctor myself has proved vital in indian system to get/coordinate/ preempt medical help and so-on. I have one sister who is married, lives in another city with her husband/inlaws and son and its only every few months when she is able to visit parents on day visits and she is unable to look after my parents [which she is happy to confirm in writing]. Prior to my fathers illness, I had been supporting them financially at times but since december 2012, I had firstly started seding money via bank transfer then used my indian bank account to fund treatments [like chemo/hospital admissions and medications] . Their pensions are only able to fund perhaps 40-50 of their expenses now. I am now running out of options, my father needs me both for physical/financial dependence and now emotional dependence and I also need to start working again for which I need to return back to UK. If I returned to UK [with my dad], me and my wife [ who along with my 2 year old son is still in the UK for all these months, as she is working too... our family life is clearly being adversely affected too] can look after my dad and we can also employ carers too. Do I have a fair chance of success if I apply for ILR for my parents. They had visited me twice on visit visa in the past. I am very grateful for advice from members here.
kind regards |
As experienced moderators has acknowledged here, its a tricky area of law too apply for ILR for your elderly parents. I second their opinion that professional advice needs to be sought after. |
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sushdmehta
Moderator
Joined: 17 Mar 2006
Posts: 21252
Location: does it matter?
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| Posted: Mon Jun 11, 2012 11:45 pm Post subject: |
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Significant changes are being introduced from 09-Jul-12 to the immigration rules for elderly dependant relatives.
Please read clauses 118-125 of this document.
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Life isn't fair, but you can be! |
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sam2106
Member
Joined: 19 Apr 2012
Posts: 60
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| Posted: Tue Jun 12, 2012 1:19 pm Post subject: |
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| sushdmehta wrote: | Significant changes are being introduced from 09-Jul-12 to the immigration rules for elderly dependant relatives.
Please read clauses 118-125 of this document. |
This means whatever we have discussed will not apply now?
As of now, only one of the two parents need to be 65 without this exceptional circumstances imposition..if both parents under 65, then this exceptional circumstances, which is rather impossible, apply.
and now with the new rule both has to be under this same impossible exceptional circumstances be them 65 or under!!
It's a slap on the face! They should simply say this route is closed and not allowed anymore! |
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sam2106
Member
Joined: 19 Apr 2012
Posts: 60
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| Posted: Mon Jul 09, 2012 9:55 am Post subject: hi |
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any update on this please? we are now the 9th and part 8 family members have not yet changed in the rules and regulations
| sushdmehta wrote: | Significant changes are being introduced from 09-Jul-12 to the immigration rules for elderly dependant relatives.
Please read clauses 118-125 of this document. |
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Greenie
Guru
Joined: 21 Aug 2008
Posts: 6958
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| Posted: Sat Jul 28, 2012 3:41 pm Post subject: Re: hi |
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| sam2106 wrote: | any update on this please? we are now the 9th and part 8 family members have not yet changed in the rules and regulations
| sushdmehta wrote: | Significant changes are being introduced from 09-Jul-12 to the immigration rules for elderly dependant relatives.
Please read clauses 118-125 of this document. |
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the new rules for adult dependent relatives are set out in the relevant section of appendix FM and apply to applications made on or after 9th July. The old rules remain in place for applications that fall within the transitional arrangements. |
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