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Parents permanent visa

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koshti26
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Parents permanent visa

Post by koshti26 » Thu Sep 27, 2012 8:10 pm

I have got my PR and exploring a possibility how i can bring my old parents to UK permanently. They are more than 65 year old and living alone in home town but they are getting pension in India so they are not financially dependent on me what are the option left and how can make my case. Please help with suggestions.

Lucapooka
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Post by Lucapooka » Thu Sep 27, 2012 8:42 pm

They don't qualify for settlement in the UK. The qualifying conditions are:

You need long-term personal care to perform every day tasks, such as washing and cooking.
The care you need is not available in the country where you are living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.


http://www.ukba.homeoffice.gov.uk/visas ... dependent/

kasturi75
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Post by kasturi75 » Fri Sep 28, 2012 1:53 pm

Have they removed that age limit over 65 years requirement?

You need long-term personal care to perform every day tasks, such as washing and cooking

Above is a tricky condition... if you try to prove this condition then they will ask that who looks after your parents currently? & why is that caring no longer exist?

Lucapooka
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Post by Lucapooka » Fri Sep 28, 2012 4:35 pm

Even if they are incapacitated, rather than permit their settlement in the UK, they would expect you to hire a local maid or nurse to look after them. Something that costs peanuts in their location. Simple as that.

kasturi75
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Post by kasturi75 » Fri Feb 22, 2013 12:30 pm

Issue is now at least they don't grant visitor visa as no enough evidance to prove that she has genuine interest going back to mother country. We are trapped now. Is there any way that we can win at least a visitor visa application??

thanks in advance.

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Post by Lucapooka » Fri Feb 22, 2013 12:55 pm

Yes, by showing their strong social and economic ties to their homeland.

kasturi75
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Post by kasturi75 » Fri Feb 22, 2013 1:58 pm

Thanks Lucapooka, but we already have told them that no strong social and economic ties at homeland when we made the application for Dependent visa.

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Post by Lucapooka » Fri Feb 22, 2013 3:24 pm

If you had asked your questions before applying anyone would have told you that making an inappropriate settlement application for elderly parents, that has no merit, will effectively kill off any chance of a visit visa being issued to them in the future. You should have consulted a professional who would have told you pretty quickly whether or not to apply.

You'll have to visit them as the UKBA will not take a chance of issuing visit visas to two old people who have no ties and have stated they wish to settle in the UK.

kasturi75
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Post by kasturi75 » Fri Apr 05, 2013 1:23 pm

Hi Lucapooka,
We will be having our BC ceremony in 2-3 months time. Can you see any chance of applying mum’s visitor visa targeting BC ceremony?

thanks

deleted_user

Post by deleted_user » Fri Apr 05, 2013 2:43 pm

kasturi75 wrote:We will be having our BC ceremony in 2-3 months time. Can you see any chance of applying mum’s visitor visa targeting BC ceremony?
Makes no difference. The same rules apply to BC (if you were originally British you would not have non-EEA parents, he he, nice try, but govt. is smarter). Looks like you are a little late to the party and have missed all the exciting changes (http://www.immigrationboards.com/viewtopic.php?t=110182) Theresa May put in lately to meet the governments migration target.

Join the campaign, though don't expect the government to listen.

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Post by CR001 » Fri Apr 05, 2013 9:57 pm

kasturi75 wrote:Hi Lucapooka,
We will be having our BC ceremony in 2-3 months time. Can you see any chance of applying mum’s visitor visa targeting BC ceremony?

thanks
As Lucapooka has already said, it is highly unlikely that your parents will be granted a visitors visa due to the refused settlement application submitted.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

kasturi75
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Post by kasturi75 » Tue Apr 23, 2013 12:48 pm

This is just to share my experience/info grabbed from an immigration consultant/lawyer who I visited y’day...

Only option is apply under visitor via.
Need a very comprehensive sponsor letter supported by list of supporting documents
Need to produce ‘change situation documents’ (from last application – 2009 - to date) to prove that my mum has reasonable ties in mother country to go back.
He presumes that Visitor application will be refused though all above supporting letters/docs
Next steps is to find a court case based on refusal & try to prove that she will go back home.

Cost for consultancy will be around 100 pound.
But if we need court case then cost will be over 2000.00

deleted_user

Post by deleted_user » Tue Apr 23, 2013 1:24 pm

kasturi75 wrote:This is just to share my experience/info grabbed from an immigration consultant/lawyer who I visited y’day...

Only option is apply under visitor via.
Need a very comprehensive sponsor letter supported by list of supporting documents
Need to produce ‘change situation documents’ (from last application – 2009 - to date) to prove that my mum has reasonable ties in mother country to go back.
He presumes that Visitor application will be refused though all above supporting letters/docs
Next steps is to find a court case based on refusal & try to prove that she will go back home.

Cost for consultancy will be around 100 pound.
But if we need court case then cost will be over 2000.00
Have you explored the possibility of taking the UKBA to court for fraud, because the conditions of the current dependent ILR are such that no one can succeed, but still giving you the option to apply meaning you are sure to loose your visa application fee. http://www.cps.gov.uk/legal/d_to_g/fraud_act/

kasturi75
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Post by kasturi75 » Wed Apr 24, 2013 12:17 pm

No I haven't heard that. Do you know anyone/case already used above noted fraud act?

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Post by Lucapooka » Wed Apr 24, 2013 3:19 pm

No, it's rubbish!

kasturi75
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Post by kasturi75 » Wed Jun 26, 2013 12:44 pm

Hi Lucapooka,
Is Surindar Singh case applicable to parents & other family members category? If so, then I can work outside the UK for limited period & come back to UK with my mum... huge relief...

http://www.asherandtomar.co.uk/Pages/Su ... ermit.aspx

Thanks

deleted_user

Post by deleted_user » Wed Jun 26, 2013 1:59 pm

kasturi75 wrote:Hi Lucapooka,
Is Surindar Singh case applicable to parents & other family members category? If so, then I can work outside the UK for limited period & come back to UK with my mum... huge relief...

http://www.asherandtomar.co.uk/Pages/Su ... ermit.aspx

Thanks
yes, good luck!

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Post by doc_S » Wed Jun 26, 2013 6:33 pm

Does Surinder Singh Judgment apply to elderly dependants? Is there a minimum period required to live and work in a member state before exercising this EEA treaty? Can someone work there on temporary basis (leaving rest of family in UK) but living there and get parents visa for that country and later EEA family permit for them? Which EEA country is best for that?

On the other hand current elderly dependant visa rules needs to be challenged by someone sooner or later. These inhumane rules can not survive.

kasturi75
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Post by kasturi75 » Thu Jun 27, 2013 10:09 am

doc_S wrote:Does Surinder Singh Judgment apply to elderly dependants? Is there a minimum period required to live and work in a member state before exercising this EEA treaty? Can someone work there on temporary basis (leaving rest of family in UK) but living there and get parents visa for that country and later EEA family permit for them? Which EEA country is best for that?

On the other hand current elderly dependant visa rules needs to be challenged by someone sooner or later. These inhumane rules can not survive.
Can someone answer above??

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Post by doc_S » Sat Jun 29, 2013 5:25 am

:?:

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ALKB
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Post by ALKB » Sat Jun 29, 2013 9:12 am

doc_S wrote:Does Surinder Singh Judgment apply to elderly dependants? Is there a minimum period required to live and work in a member state before exercising this EEA treaty? Can someone work there on temporary basis (leaving rest of family in UK) but living there and get parents visa for that country and later EEA family permit for them? Which EEA country is best for that?

On the other hand current elderly dependant visa rules needs to be challenged by someone sooner or later. These inhumane rules can not survive.
It does in general. Every country takes a little different stance on it, though.

The UK is adamant about financial dependency on the EU national, Germany accepts financial dependency as well as 'living in the same household as the EU national'.

Germany and Austria seem to be quickest about issuing the 5-year residence card, about three to four weeks after application, while Spain likes to take up to 6 months.

When you look at possible countries, also take the economic situation into account, as you will need to exercise treaty rights = work in that country.

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