Joining a Parent in UK > Tier 1 / Tier 2

[mayursha]

Hi Guys,

I am in a strange situation here. I am currently in the UK since Apr 2010 as a Tier 1 (General) to be extended in Sep 2015 (possible ILR). I am currently staying here in the UK with my spouse who is a Tier 1 (Depedent).

My Mother is currently in India and dependent to my younger brother who has been in India all the time as well. I had invited my Widowed Mother last year as a Visitor in the UK and she stayed for a month with us.

Now, my brother has been offered to move here as a Tier 2 (Company Sponsored) Visa and he will be moving with his spouse and child in coming months. This leaves my mother all alone in India and I see no visa category that would allow her to either move here to stay with me or my brother for the time we are here.

Can anyone suggest what could be done here?
I heard that General Visitor Visa (2 years) can not have more than 180 days visit within 1 year. This means that She will have to stay in the UK for 6 months and return back to India for another 6 months? This is going to be a huge problem.

My Brother is intended to stay here for atleast 1-2 years. I might be staying for the same duration or possible more. I want my mother to be around with us for this period as she may not be able to stay alone in India. Another issue is that my current house in India (Where my Mother, Bro and Family stays) would be going into revedelopment in April, so there will be no home to return back for my mother unless my Brother returns back and rents a place there.

Just to Summarsize here:

> I am on Tier 1 with my Spouse here.
> My Brother expected to come as a Tier 2 with his family (Spouse and Child).
> My Mother who is currently a dependent on my Brother is now left alone in India and we need to find a way for her to come here either to join me or my Brother for the time we are here. Visitor Visa 6 months limit is also a part of discussion.

[Greenie]

there is no visa option to suit your requirements as there is no category for elderly dependent relatives of Tier 1/2 migrants and as you have already identified, the visit visa route would only allow her to stay here for 6 months per year.

[mayursha]

Thanks Greenie,

What if she comes here for 6 months and returns back in 1-2 months providing a genuine reason (Both Sons in UK). Is there any specific section in the rule which clearly mentions the 1 year ?

[Greenie]

http://www.ukba.homeoffice.gov.uk/polic ... 1/#header5

Should your mother stay here for 6 months, return home and then apply to come back 1/2 months later for another 6 months, giving the reason that her son and daughter are living in the UK then they are highly like to refuse her on the grounds that she is not a genuine visitor.

[mayursha]

Oh okay, so basically there is no such rule - however if I can provide a genuine reason of her visiting again, it is possible that it can be accepted.

[Greenie]

There is no hard and fast rule, but a person in your mother's circumstances is highly likely to be refused as she will be considered to be using the visit route to take up de facto residence in the UK. If you are saying that your mother is unable to live on her own in India then you / your brother need to think carefully about your plans as there is absolutely no guarantee that she will be allowed to visit you for any length of time.

[mayursha]

Okay. In that case it makes sense to apply for a visitor visa only menioning my situation here and considering she intends to visit only me. Will need to re-look at the situation after she moves back after 5-6 months.

In that case, she could be eligible for a 2 year visa for now right?

[Wanderer]

I agree with Greenie, indeed there is no hard and fact rule but I/O's pounce on those effectively living here on visit visas, even six months in twelve cannot honestly be considered 'a visit'. Best to stick to 2/3 months a year.

Also 2 yr visit visa isn't for two years at once - just has a validity of two years, sure you knew that!

[mayursha]

Wanderer,

Thanks for your reply, Yes but the 2 years would be a multiple visit visa right?
I am not sure how we will go ahead with this considering my mother is dependent on either me or my brother and will be difficult for her to stay all alone in India.

[Greenie]

A 2 year multiple entry visit visa is valid for 2 years but only for visits of up to 6 months at a time. It saves the user from having to apply for a visa each time they wish to visit. However the fact that it is valid for 2 years does not guarantee the holder entry each time he or she wishes to use it during that two year period for the reasons explained above.

[Wanderer]

Wanderer,

Thanks for your reply, Yes but the 2 years would be a multiple visit visa right?
I am not sure how we will go ahead with this considering my mother is dependent on either me or my brother and will be difficult for her to stay all alone in India.

Well I know it's a bit harsh but did you not consider your mother's position when moving to UK? Could one not stay behind?

Sometimes you can't have everything.....

[mayursha]

[quote="Wanderer"]
Well I know it's a bit harsh but did you not consider your mother's position when moving to UK? Could one not stay behind?
Sometimes you can't have everything.....[/quote]

Well I moved here 4 years back when my dad was alive as well and Brother has been around in India all the time with them. It is just now after 4 years that he has been offered a role here in UK and he is moving here. This situation was not expected at all long back. During this time, I lost my dad and hence my Mom's been a dependent on Brother all the time.