Need Advice - Spouse Visa

[SiiiiD]

Good Day guys

I need a advice on my family situation. My mum is British Citizen by birth was born in UK in 1968 and she moved back to India in 1973 on her mother's passport and never traveled back to UK and now she have just recently got her British passport. And through her I (her son) have also applied for my British Passport through decent.

But the question here is that how can I get my Dad to come to UK, as my mum is housewife and father is retired and we don't have that 63k into our saving. And they won't be able to work now because of their age.

Which visa should I apply for my dad ? confused about the 10 year route ? whats the requirement or eligibility for spouse or adult dependent ?

Any advice would be really appreciated.

Cheers

[CR001]

Without savings or your mum meeting the £18,600pa financial requirements a spouse visa is unlikely to be successful.

Adult dependent visa isn't relevant to your father either.

Many people in the UK work well into their late 60s early 70s. Your mum isn't that old yet if born in 1968 so she can still work.

The 10 year route is also unlikely to be successful as they have lived in India for decades and there wouldn't be any breach of human rights for example.

[SiiiiD]

Thanks a lot for your advice.

Can he apply for standard visitor visa and then further extend into some other sort of visa.

[Zerubbabel]

Thanks a lot for your advice.

Can he apply for standard visitor visa and then further extend into some other sort of visa.

The visitor visa doesn't offer new options.

Actually he is unlikely to get it if he is married to British.

[AmazonianX]

Thanks a lot for your advice.

Can he apply for standard visitor visa and then further extend into some other sort of visa.

You can not change into any sort of other visas in UK while on a visit visa. Note that the situation of you Mom haven just obtained her UK passport and Dad applying for visitor visa can raise flag.

[SiiiiD]

Thanks guys

Is there any other way around as he have a heart problem and couple of years back had a heart attack, so my mom can not sort of left him back home and start working in UK.

Can we apply under any humanitarian grounds ?

Cheers

[Zerubbabel]

There are many British people living in places in the world with their other half just because they don't fulfil the conditions to bring their family to the UK.

Your mum has been British since 1968. She could've come back decades ago when things were easier It's hard to justify living out of a country for 50 odd years then suddenly it's a human right case to come back.

For the UK, I don't see an option. However, there is an alternative option: for a few months, your mum can still go to any EEA country. She can go to Spain, Sweden, Germany... and settle there and bring your father under EEA regulations which are consistently easier than national laws.

There won't be the option to go back to the UK.

[SiiiiD]

There are many British people living in places in the world with their other half just because they don't fulfil the conditions to bring their family to the UK.

Your mum has been British since 1968. She could've come back decades ago when things were easier It's hard to justify living out of a country for 50 odd years then suddenly it's a human right case to come back.

For the UK, I don't see an option. However, there is an alternative option: for a few months, your mum can still go to any EEA country. She can go to Spain, Sweden, Germany... and settle there and bring your father under EEA regulations which are consistently easier than national laws.

There won't be the option to go back to the UK.

Thanks Zerubbabel

Pretty interested.

Do you mind can you please elaborate whats the process of getting a partner of British Citizen to such EU country and settle there ? is it right and then move to UK ?

Also can you please share a link so I can further look into it.

Thanks a lot

[Zerubbabel]

I am not thinking about the UK at this stage as the road seems closed.

Your mother, with her British password, has until the end of this year (31/12/2020) to go to any EEA country she likes and starts living there. The transition period allows her to be seen as an EEA national until then.

The specifics depends on the country she picks up but the law is more or less the same as we are talking about countries under EEA regulations. So the form she would fill may look slightly different between France, Germany or Spain, but eventually, the same regulations apply.

She needs to play quick. The clock is ticking. You may shortlist a few countries during the next 10 days. See where you have family if any, where you can learn the language, feel good, have the budget... whatever, these are your criteria. Then, early September, she goes to the country she picks up, rent a place and immediately apply for a residence under the Withdrawal Agreement. By December she would have a 5-year card in Europe and seen as European for the purpose of immigration.

From that point, she may then sponsor her husband. Under EEA rules, there is no £18600 or similar. It's just a form and couple of photos that's it.

They won't be able to go to the UK. As by then the UK would be totally a third party country without easy options but, at least, your parents would be living in Europe. I know it's not optimal, but it's middle solution.

But time is of the essence here. If they don't move now, this option will soon be out of the table.

[SiiiiD]

I am not thinking about the UK at this stage as the road seems closed.

Your mother, with her British password, has until the end of this year (31/12/2020) to go to any EEA country she likes and starts living there. The transition period allows her to be seen as an EEA national until then.

The specifics depends on the country she picks up but the law is more or less the same as we are talking about countries under EEA regulations. So the form she would fill may look slightly different between France, Germany or Spain, but eventually, the same regulations apply.

She needs to play quick. The clock is ticking. You may shortlist a few countries during the next 10 days. See where you have family if any, where you can learn the language, feel good, have the budget... whatever, these are your criteria. Then, early September, she goes to the country she picks up, rent a place and immediately apply for a residence under the Withdrawal Agreement. By December she would have a 5-year card in Europe and seen as European for the purpose of immigration.

From that point, she may then sponsor her husband. Under EEA rules, there is no £18600 or similar. It's just a form and couple of photos that's it.

They won't be able to go to the UK. As by then the UK would be totally a third party country without easy options but, at least, your parents would be living in Europe. I know it's not optimal, but it's middle solution.

But time is of the essence here. If they don't move now, this option will soon be out of the table.

Thanks for the detailed reply.

Considering my passport have not been printed yet as it have been on hold for interview as HMPO have suspended the interviews for an uncertain time. My mum won't be able to move by herself into a new country neither we have any family/relative residing in EU.

So the last hope for us is through the saving route. We are trying to sell the property but no interested buyer yet as of Corona Virus. I think we just have to wait.

Well really really appreciate for your advice and precious time.

Thanks a lot.

[Zerubbabel]

You are welcome and all the best!