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Benefits for parents in settlement vis

Questions and discussions about claiming benefits while living and working in the UK

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ush
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Posts: 2
Joined: Thu Feb 02, 2012 2:07 pm

Benefits for parents in settlement vis

Post by ush » Thu Feb 02, 2012 2:46 pm

Hello there,

I am trying to apply settlement visa for my mother . She is visiting UK. She is widowed and we financially support her though she gets the pension. Is this the appropriate visa category? I would be grateful if somebody could tell me whether she would be able to claim any benefits in future ? If not what would be the best option.

Any advice?

Thanks

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Thu Feb 02, 2012 3:12 pm

What has changed dramatically about her circumstances since she entered the UK? It's the appropriate category but you should take legal advise before applying as in the event of it being refused it will kill any chances of her getting any further visit visas.

ush
Newly Registered
Posts: 2
Joined: Thu Feb 02, 2012 2:07 pm

Settlement visa

Post by ush » Thu Feb 02, 2012 5:30 pm

Thank you for your response. Actuallly nothing has changed. My father passed away . But this was before her travel . Would this be an issue. We thought a visiting visa wouldbe quicker so we applied for it first,

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Feb 02, 2012 6:27 pm

See older dependent relatives. Your mother applied for a visa as a visitor thus stating she was going to return home at the end of her visit. Applying for settlement doesn't really fit with that declaration, although it is possible to switch from a visitor visa to indefinite leave to remain under para 317 , the application could run into problems because nothing has changed since she applied for her visit visa.

In order to suceed you will need to show (amongst other things) that you have sufficient resourses to support your mother without having to claim additional public funds. If she is granted ILR, this will be subject to a maintenance undertaking by you, and she generally won't be able to claim most benefits for 5 years. See public funds for more information, particularly page 22 and 23.

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