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Can asset(house) and life-long pension be problem in ILR ??

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Can asset(house) and life-long pension be problem in ILR ??

Post by geriatrix » Tue Jun 12, 2007 2:22 pm

Hi,

My parents (both mother and father) receive pension - which they will continue to receive as long as they are alive, and live in a home that is in my father's name.

They are planning to visit UK to be with me and my wife. Should they mention income from pension and that my father owns a house in their tourist visa application ? I mean - is it a problem if they don't mention it ??

I and my wife are in UK on HSMP and once we get our ILRs, I plan to sponsor my parents' immigration as dependents (I am the only child and both my parents will be 70+ by the time I get my ILR).

I am worried that if they mention their income through pension and that they own assets in their tourist visa application, it could (pension and assets) be a problem when I sponsor their immigration application as dependents - under the arguement that they are capable of sustaining themselves in their home country, and are not financially dependent on me.

Am I worrying without a reason ??


regards

SYH
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Post by SYH » Tue Jun 12, 2007 2:26 pm

2 Separate applications with different critieria, what you say one regarding assets, in particular to pensions won't inpact the next application. But can you bring your parents over as dependents? Someone confirm this?

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Post by Wanderer » Tue Jun 12, 2007 4:46 pm

SYH wrote:But can you bring your parents over as dependents? Someone confirm this?
Not possible I don't think unless they are totally financially dependant on the OP.

geriatrix
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Post by geriatrix » Tue Jun 12, 2007 6:13 pm

SYH wrote:2 Separate applications with different critieria, what you say one regarding assets, in particular to pensions won't inpact the next application. But can you bring your parents over as dependents? Someone confirm this?
For sure not until I get my ILR/BC, I am aware of that !!

The rules regarding immigration of family members (parents) is described under paragraph 317 of the immigration rules, available here -
http://www.ind.homeoffice.gov.uk/lawand ... ules/part8

If certain conditions are met, parents can apply for indefinite leave to enter to join children with setlled status in UK. some key condition are (relevant to my case) :-
1. parents or grandparents travelling together of whom at least one is aged 65 or over; and
2. joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
3. financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and
4. can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and
5. can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and
6. has no other close relatives in his own country to whom he could turn for financial support; and
7. if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

I am worried about the condition 3 above. If they state in the tourist visa application now (and whenever they apply for one in future) that they have income from pension and own a house, they will never be able to satisfy this condition at the time of their immigration application which I intend to sponsor as soon as I have ILR.

Hope this clarifies the situation. And I have the same question - will this be a problem ??

regards

SYH
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Post by SYH » Tue Jun 12, 2007 9:08 pm

First good on you for taking care of your parents
but it says wholly or mainly, their pension doesn't make that mutually exclusive. Thus my first answer stands.

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Post by geriatrix » Wed Jun 13, 2007 11:09 am

Thanks SYH !


regards

Mini
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Post by Mini » Thu Jun 14, 2007 11:55 am

sushdmehta,
You do not need to mention their pension for their visit visa as you are sponsoring them. Your bank statement showing sufficient funds to sponsor their stay and travel should be enough. If your parents are called for an interview then they should maintain that you are completely sponsoring the visit.

Of course if they are specifically asked the question of pension then they should not lie. But chances of them being called for an interview are really slim if you file the application carefully. My in-laws have been here several times and we have only ever attached the sponsor's bank statement and they have never been called for an interview.
Mini

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Post by olisun » Thu Jun 14, 2007 1:09 pm

Mini wrote:sushdmehta,
You do not need to mention their pension for their visit visa as you are sponsoring them. Your bank statement showing sufficient funds to sponsor their stay and travel should be enough. If your parents are called for an interview then they should maintain that you are completely sponsoring the visit.

Of course if they are specifically asked the question of pension then they should not lie. But chances of them being called for an interview are really slim if you file the application carefully. My in-laws have been here several times and we have only ever attached the sponsor's bank statement and they have never been called for an interview.
Most of the first time applicants are called for interviews and are asked to submit proof that they intend to return back to their home country after the duration of the stay in UK.

The proof may be in the form of property documents, savings documents etc.

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Post by geriatrix » Fri Jun 15, 2007 10:11 am

Thanks Mini & Olisun,

My parents have been to UK before, so I am hoping that they will not be called for an interview.

I really don't want them to state their pension in the visa application since it is a life-long thing and could undermine my plans to someday try and prove that they are dependent on me. I would rather have them show significant savings (fixed term deposits etc.) as proof of "reason to return". I hope it works out !

Mini - If I may ask, do I need to send them original payslips and bank statements, or will photocopies do the work ?

This is what I am planning to send to them:-
1. Letter of support confirming accommodation and maintenance.
2. Copy of tenancy agreement.
3. Last 4 months' pay slips (photocopy / original ??)
4. Last 4 months' bank statements (photocopy / original ??)
5. Copy of employment contract.
6. Letter from employer (recently dated) confirming length of contract (5 years).

Will that be enough ?


regards

Mini
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Post by Mini » Fri Jun 15, 2007 12:56 pm

sushdmehta,
We've only ever sent faxes or scanned copies of these documents, so i guess photocopies are fine. Just make sure that all documents have visible information for authenticity checks e.g employer letter should clearly show the address, phone no, fax, email etc. your sponsorship letter should have all your contact details. Put mobile no as well so that you can be contacted at all times. Same for tenancy agreement etc. I am guessing they don't really need bank contact details as they are freely available in public domain.

Your list of docs seems to be fine.
Mini

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Post by geriatrix » Fri Jun 15, 2007 1:19 pm

Mini,

Thanks for the info.

regards

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