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Settlement visa for parent who has own property in UK

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Anna-anna
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Settlement visa for parent who has own property in UK

Post by Anna-anna » Sat Sep 22, 2018 6:41 am

Hello All,
First of all thank you so much for the most efficient and wonderful help you are providing!
And my question is - what kind of visa will be the best for my mother who will be 65 in a couple of months and she has bought her own property here in the UK in 2013 so basically she has her own flat to live in. I have my British citizenship long time ago and living with my daughter here in the UK, my mother has only me as my father has died in 2015. At the moment my mother has her 5 years visa visitor that is coming to an end soon and it made me to think what other options we have.. My mother is getting old and her health is not the same at all and specially after losing my dad so unexpectedly she is completely lonely away from us but financially she is independent. She is coming over here to stay for quite a long period of time but every 6 months she has to fly back and it all makes it so awkward. What way here will be the best to go? thank you so much in advance for all your kind replies :)

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Casa
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Re: Settlement visa for parent who has own property in UK

Post by Casa » Sat Sep 22, 2018 10:23 am

The route to settlement for Adult Dependent Relatives was virtually closed when the Immigration Rules were tightened on the 9th July 2012. There have been very few successful applications since then and most of these were after long and expensive appeals through the Courts, or were from a country where the medical costs were significantly higher than the UK, such as in the US.

In order to have any chance of success, your mother would have to submit documented evidence that she is unable to perform basic daily tasks such as bathing, dressing, preparing food etc AND that care is either not available in her home country or is not affordable. If you can afford to support her in the UK, it would be considered that you can easily afford the same care in her present country of residence.

The fact that she owns a property in the UK potentially risks her being refused entry as a genuine visitor, due to residing with frequent visits.

Crucially, you should be aware that if she applies for a settlement visa and is refused, it will close the door for entering as a visitor in the future, due to her prior intention to settle. :idea:

Read through the information in the link below and in particular Section 4

https://assets.publishing.service.gov.u ... _final.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Anna-anna
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Russia

Re: Settlement visa for parent who has own property in UK

Post by Anna-anna » Thu Oct 04, 2018 7:32 pm

Hello Casa,
Thank you so much for your kind reply.
I was sort of hoping because I am the only child of my mother and my father has died, she is completely lonely there and she does have a disability but obviously she can get care in Russia for it as most of countries do nowadays (she is invalid but not a very serious one). I thought the UK government will be happy with the fact she has her own home here and will not require any benefits. Do you still think it is completely useless to apply for the settlement visa and she has to go back to Russia all the time to extend her 5 years one? also a strange thing how the UK authorities can refuse her to visit her own property? but how to be when she will become too old to do it? thank you so much in advance for your reply!

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CR001
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Re: Settlement visa for parent who has own property in UK

Post by CR001 » Thu Oct 04, 2018 7:39 pm

It is unlikely she will get a settlement visa and if you apply and it is refused, she won't get a visitor visa again.

Owning a property in the UK does not give anyone the right to reside or a visa. Many people own properties here and never live in the UK.
Char (CR001 not Casa)
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Anna-anna
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Re: Settlement visa for parent who has own property in UK

Post by Anna-anna » Thu Feb 28, 2019 1:54 pm

Thank you for your reply CR001 it was very informative but my main stress was for the government to be calm my mother won’t be asking for benefits as she has her own flat.
In Germany they have something like – reunion of the family which makes sense but I cannot understand how is it possible to refuse in visa when lonely parent is completely alone there and even if she feels bad there is no one to check up on her that’s why I meant she is completely lonely there – all family members died, she has only me and my daughter. Are you completely sure it will be refused? And even if she is staying here according to the visa visitor maybe to apply from here I know sometimes people do it like that?

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