Indefinite Leave thru SET(F) for mum/dad

yaz_1973 · Post by **yaz_1973** » Sat Dec 20, 2008 4:58 pm

Hello,

I am a British citizen with non-British Parents based in Morocco

I would like to have them here in UK with me as settled residents

I have 3 questions:

1) can they apply from UK (as have currently a valid 05-year visitor visa-they visit me every year)

2)What constitutes documents showing that "wholly/mainly financially dependent on me"?? Not sure my parents keep bank statements in their village BUT I can certainly prove that I can support them easily in UK.

3) Medical condition: They have no medical condition but form SET(F) is unclear.. Should they still provide doctor's letter saying they have NO medical condition??

Thanks for reply,

Yazid

Wanderer · Post by **Wanderer** » Sat Dec 20, 2008 5:18 pm

They have to be over 65, wholly financial on you NOW not later and with no other family to support them.

Post by **Frontier Mole** » Sat Dec 20, 2008 9:40 pm

And they will get an automatic refusal if they apply in the UK.

Post by **vinny** » Sat Dec 20, 2008 10:02 pm

See also Will Visitor visa have negative impacts on residency appl

bototo · Post by **bototo** » Sun Dec 28, 2008 1:53 pm

And they will get an automatic refusal if they apply in the UK.

Why is that then? I'm sure there've been a lot of cases where parents have applied from within the UK and succeeded.

Post by **Frontier Mole** » Sun Dec 28, 2008 2:44 pm

Automatic refusal from a visitors visa. There is no upgrade route from a VV.

bototo · Post by **bototo** » Mon Dec 29, 2008 9:06 am

I've known several successful cases that have applied from within the UK while here on a VV.

They do have to prove that their circumstances changed after arrival here but... my solicitor informs me that it's very possible.

scorpiolady · Post by **scorpiolady** » Tue Dec 30, 2008 10:08 pm

try it then

Post by **Frontier Mole** » Tue Dec 30, 2008 11:07 pm

bototo wrote:I've known several successful cases that have applied from within the UK while here on a VV.

They do have to prove that their circumstances changed after arrival here but... my solicitor informs me that it's very possible.

Get your solicitor to show you the figures for successful applications against the unsuccessful in this type of case. I think you will find there is a balance in favour of the UKBA.

This is a difficult area to win in as the required proof of exceptional circumstances and dependency is rarely easily evidenced.

bototo · Post by **bototo** » Wed Dec 31, 2008 9:54 am

Ah, OK, I take it you retract the "automatic refusal" claim. There may be readers of this thread who are misled by that into not applying at all so I think it's important we clarify that point.

One solicitor's stats don't prove anything. However, from personal experience I know four different people in my community who applied while their parents were in the UK. One of them applied for both her parents. They all succeeded - that's a 100% success rate. But, like I said, small stats samples don't prove much. There may be thousands who've been turned down.

For the record let me point out that I beleive it is no easier from outside the UK than from inside provided the circumstances are right. If applying while on a VV there is a onus on you to show that the visitor didn't intend to apply on the VV when they arrived and that circumstances changed after arrival. Medical grounds are often accepted as sufficient cause but there are other valid reasons. If you are claiming changed circumstances the visitor needs to perform well at interview. Fumbling around when asked direct questions about their intentions on arrival won't do them any favours.

Dependency isn't impossible to prove. If you've been supporting your parent before they arrived, it's obvious you've been supporting them while they were here particularly if they are staying with you, the sponsor. Same dependency requirements apply and it isn't more onerous based on where the applicant is at time of applying.

Post by **Frontier Mole** » Wed Dec 31, 2008 10:15 pm

Sorry automatic refusal still stands for 99% of this type of case. Why? - Because of the immigration rules and the case law. It is not geared for grant from within the UK when entry on VV.

There is a far better chance of winning at appeal. Individual circumstances can be explored much better in a court hearing. I lost one a few months back - not sorry to tell you the truth - the case was pretty bad. Remember I work for the other side! So a loss is good for the appellant!

Had a long chat with the Immigration Judge after the case was heard - thrashed the merits, pros & cons about for about 10 minutes. I do believe the IJ made the right decision in the end.

bototo · Post by **bototo** » Thu Jan 01, 2009 10:32 am

You may well be right about the 99%, I have no way of checking it but...

- Because of the immigration rules and the case law.

Do you have any links that show that point? Bear in mind that we're talking dependant parent.

genioglossus · Post by **genioglossus** » Fri Jan 02, 2009 1:24 am

I have written a private message to frontier mole for changing his behaviour,i have noticed by reading some of his emails,his behaviour is so rude and challanging,I think he should understand that bullying some one and being dearly beloved to some one is showing his rotten interior.People like him/her should be banned from these forums.

Wanderer · Post by **Wanderer** » Fri Jan 02, 2009 1:36 am

genioglossus wrote:I have written a private message to frontier mole for changing his behaviour,i have noticed by reading some of his emails,his behaviour is so rude and challanging,I think he should understand that bullying some one and being dearly beloved to some one is showing his rotten interior.People like him/her should be banned from these forums.

I like FM, he tells it like it is not sugar-coated, Mr three-posts.

Why hide behind a PM, post it here....

Post by **Frontier Mole** » Fri Jan 02, 2009 1:57 am

genioglossus wrote:I have seen some of your mails and I am happy that you are one of the black sheep who cant hide their beloved. You should be ashamed of your attitude, people are coming on these forums to get guidance ,not to be bullied by people like you, Make yourself useful and help someone ,and if you cant then join some dearly beloved party.I pray God to give you guidance and understanding that there is no difference in humans ,the difference is only in governaments,so treat everyone as a human.

This is the private post from our newbie friend.

You have some supporters - mostly those that are immigration abusers and do not like being told so. As for being worried about them - I enjoy removing them from the UK - better still as a criminal deport after they have had a spell in prison for immigration offences.

If you do not like what you see go to another forum.

bototo · Post by **bototo** » Sat Jan 03, 2009 1:22 pm

To drag this back on topic....

What constitutes documents showing that "wholly/mainly financially dependent on me"??

That's not an easy one as there is no strict guideline. If they've been dependant on you then you likely have proof of regular bank remittances to their account.

If, OTOH, they have considerable savings, regular pension or other income then it would difficult to show that they are mainly dependent on you. The UKBA would likely want to see their bank statements etc.

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

Indefinite Leave thru SET(F) for mum/dad

Indefinite Leave thru SET(F) for mum/dad

frontier mole,change your behaviour,you are so dearly beloved.

Re: frontier mole,change your behaviour,you are so dearly beloved.