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Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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User2014
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Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by User2014 » Tue Jul 10, 2018 9:21 pm

Hi everyone, I need some advise what route should I go for to apply for my parent’s visa, I am British national & My mom and dad are Pakistani National and their age is 58 & 60 respectively, they currently hold 2 years uk visit visa due to expire end of this year and they regularly visit us, I have 5 years old boy (British National) who have very severe Autism and it is becoming challenging day by day. So I want my parents to have a visa with no restrictions so that they can stay here longer to support me in difficult times, Also my sister and her husband are in UK as well exercising treaty rights and she is hopefully to Receive EU passport within few months time

Option 1- (based on my son disability)
Someone mentioned that they can apply while they are in UK through family protection route and they will get 2.5 years visa. Which application form to use and what documents required ?

Option 2- (based on my sister EU nationality)
Proof of my sister supporting my parents can be accepted even if she is not the only one who supports them?
And which application form to use and what supporting documents needed ?

Please advise what is the best way to make an application and what will be the difference in between both options in terms of timescales, visa fee, duration of visa granted, likeliness of visa success, right to appeal in case of refusal, nhs health surcharge fee, can both applications be made while they are in UK ?

Please advise what route is best option for them and if anyone has succeeded in option 1 route? I will appreciate your help
Experience members, moderators please advise

User2014
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Posts: 38
Joined: Tue Feb 14, 2017 11:52 pm

Re: Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by User2014 » Wed Jul 11, 2018 11:20 am

Moderators please advise, Casa, Amber, Zimba, vinny, Obie

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CR001
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Re: Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by CR001 » Wed Jul 11, 2018 11:45 am

The EU route will be the easiest.

Provide a link to this 'family protection route' you refer to??
Char (CR001 not Casa)
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User2014
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Re: Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by User2014 » Wed Jul 11, 2018 12:19 pm

CR001 wrote:
Wed Jul 11, 2018 11:45 am
The EU route will be the easiest.

Provide a link to this 'family protection route' you refer to??
Thank you for reply
I called an immigration solicitor and he mentioned that we can apply on family protection route and my parents can get 2.5 years visa and HO fee will be £1533 per person including nhs fee

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CR001
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Re: Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by CR001 » Wed Jul 11, 2018 12:40 pm

Yes, but what application form did he say you must use that costs '£1533'??

You should note that people in the UK on a visitor visa cannot switch to any other visa category under the UK immigration rules to stay in the UK, particularly if the sole purpose appears to be child care.

I highly doubt your parents are eligible for, what I guess your 'solicitor' says, is the FLR(FP) Private Life visa. Family protection route is refugee applications, which I doubt they qualify for if they are Pakistani.

Your parents do not qualify, based on what you have stated, for the Adult Dependent Relative visa either.
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Casa
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Re: Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by Casa » Wed Jul 11, 2018 1:21 pm

In addition to CR001's advice, if your parents submit an application to remain in the UK and it is refused, you will be closing the door for visits in the future, due to their prior intention to settle here. :idea:
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User2014
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Posts: 38
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Re: Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by User2014 » Wed Jul 11, 2018 3:54 pm

CR001 wrote:
Wed Jul 11, 2018 12:40 pm
Yes, but what application form did he say you must use that costs '£1533'??

You should note that people in the UK on a visitor visa cannot switch to any other visa category under the UK immigration rules to stay in the UK, particularly if the sole purpose appears to be child care.

I highly doubt your parents are eligible for, what I guess your 'solicitor' says, is the FLR(FP) Private Life visa. Family protection route is refugee applications, which I doubt they qualify for if they are Pakistani.

Your parents do not qualify, based on what you have stated, for the Adult Dependent Relative visa either.
Solicitor didn’t mention the form but he asked me book an appointment for proper advise and he said he will get us the visa,
What about EU route based on my sister EU nationality ? She is getting EU passport in few months time so what we should do now to plan in advance ? Like keep the record of money she is sending to them and what other documents needed ?
Many Thanks

User2014
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Posts: 38
Joined: Tue Feb 14, 2017 11:52 pm

Re: Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by User2014 » Wed Jul 11, 2018 3:56 pm

Casa wrote:
Wed Jul 11, 2018 1:21 pm
In addition to CR001's advice, if your parents submit an application to remain in the UK and it is refused, you will be closing the door for visits in the future, due to their prior intention to settle here. :idea:
Thanks for reply
That’s what I thought, their 2 years visit visa ending end of this year and we are hoping to apply 5 years visit after this if we are unable to get any other option,

User2014
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Posts: 38
Joined: Tue Feb 14, 2017 11:52 pm

Re: Can I Apply for my parents settlement visa while they are on visit in uk based on my son disability?

Post by User2014 » Thu Jul 12, 2018 6:09 pm

Casa, CR001 plz advise about EU dependant route for my parents if they are partially dependant on my sister who is getting EU passport in few months time ? What I should plan In advance and what documents required and which application form to use etc
Many thanks

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