Dependent ILR for Mother

[fly77]

Hi Guys

My introduction

I am in UK with my Husband from last 7 years and we are British citizens from last 1.5years. Both me and my husband are in good fulltime job and we are staying in our own 3 bed house.

My case

I would like to apply for dependent ILR for my Mother. She is 65 years old. My Mother is widow from last 25 years my father died when I was just 7 years old. She has raised myself and my younger brother on her only. I moved to UK with my husband after my marriage and my mother stayed with my brother in India.

My brother got married 3 years back and after his marriage he moved away from my mother(due to some difference's between my mother and his wife). From last 2.5 years my mother is living alone on her own(out of which she spend 1 year with us in UK on visitor visa. 6 months trip *2).


Currently my mother is back in UK and I would like to apply Dependent ILR for her so that I can take care of her in this old age.

Can somebody please let me know her chances of getting ILR if we apply from UK?

Thanks for reading. Your reply will be highly appreciated.

[Lucapooka]

She must provide evidence that:

she depends wholly or mainly on her settled relative for money;
she can and will be maintained and housed adequately, without needing public funds, in accommodation which her settled relative owns or occupies exclusively; and
she has no other close relatives in your own country who can support you financially.

[fly77]

She must provide evidence that:

she depends wholly or mainly on her settled relative for money;
she can and will be maintained and housed adequately, without needing public funds, in accommodation which her settled relative owns or occupies exclusively; and
she has no other close relatives in your own country who can support you financially.

Thanks Luvapooka
1)In last 3 years she has live with us in UK for 16 months on visitor Visa. As I did wanted her to live alone. We also have proofs for mother that we have send to her our UK account and copies of Cheque from India account.

2)We have our own 3 bed house and both me and my husband are on good jobs . We can take good care of her without public funds.

3)My brother is in India but he is not in talking terms with mom after his marriage and living separately. But I dont know what evidence is needed.?

[Lucapooka]

Take proper professional advice on what is the hardest immigration category to qualify for. If she applies and fails she will seriously damage her chances of further visits. The fact that you are wealthy and can support her is not the only consideration. She needs to have no income (pension or savings) of her own, of that these sums are very low and insufficient, and is therefore dependant on your financial remittances (with historical evidence of this). A low income or pension, compared to that of a similar income or pension in the UK, may not be sufficient to qualify for this visa if those sums are what people generally earn in that location.

good luck.

[fly77]

Take proper professional advice on what is the hardest immigration category to qualify for. If she applies and fails she will seriously damage her chances of further visits. The fact that you are wealthy and can support her is not the only consideration. She needs to have no income (pension or savings) of her own, of that these sums are very low and insufficient, and is therefore dependant on your financial remittances (with historical evidence of this). A low income or pension, compared to that of a similar income or pension in the UK, may not be sufficient to qualify for this visa if those sums are what people generally earn in that location.

good luck.

Thanks Lucapooka

She owns a house and rented some part of it. Her rental income is just around £50 and she just get old age pention which is just around £10 a month.

She is 65 years of age and I down want her live alone and whats to take proper care of her. Does age over 65 makes any difference.

Thanks in advance

[Lucapooka]

It's not possible to give you any definite indications. You need to give detailed information to a competent advisor, who will be able to judge her situation on the facts. If you did not want her to live alone then perhaps you should have considered this before relocating to the UK. The UK does not encourage the chain migration of non-nuclear family members merely for the purpose of family association. There has to be a real need and necessity on compassionate grounds. Good luck.

[avjones]

Several things you might want to consider:

1. What's been stated on the previous visitor applications? If your mother's put loads of stuff about how of course she'll return because of her roots in the community / family / property (whatever it might be) that will be considered against her.

2. £60 a month income - £50 from property, £10 from pensions - isn't that little in Indian terms, is it? Average GDP per capita is about £800 a year, and your mother's annual income is about £720. And she doesn't have housing costs, as she has somewhere to live anyway. So it's hard to see how she's wholly or mainly dependent on you.

3. Applying from within the UK when there's no real change of circumstances carries risks all of its own.

4. If she loses the application and any subsequent appeal, she can kiss goodbye to any real prospect of a visitor's visa again in a hurry. A major down side.

[fly77]

Several things you might want to consider:

1. What's been stated on the previous visitor applications? If your mother's put loads of stuff about how of course she'll return because of her roots in the community / family / property (whatever it might be) that will be considered against her.

2. £60 a month income - £50 from property, £10 from pensions - isn't that little in Indian terms, is it? Average GDP per capita is about £800 a year, and your mother's annual income is about £720. And she doesn't have housing costs, as she has somewhere to live anyway. So it's hard to see how she's wholly or mainly dependent on you.

3. Applying from within the UK when there's no real change of circumstances carries risks all of its own.

4. If she loses the application and any subsequent appeal, she can kiss goodbye to any real prospect of a visitor's visa again in a hurry. A major down side.

Thanks Avjones

1) My Mom got visa 3 time (6 -months , 2years and latest 3 months). Every time we have paid money for her trip along a gift certificate. My mother was living with my brother when she applied for 2 years visa. But in current visa apllication she mentioned that she lives alone.

2) My Mom has put some portion of house on rent after my brother left. She gets a income of £60 from rent. House is on her name and worth around £70k.

The main thing I want to stress in my application is that she is old(above 65) and alone. So we want her to live with us so that we can take good care of her. She starts feeling depressing when living alone (she spend 16months from last 3 years in UK with us on visitor visa).

[Greenie]

It's not enough that she is old and lonely, she has to be wholly or mainly financially dependent on you which does not appear to be the case.

[avjones]

The main thing I want to stress in my application is that she is old(above 65) and alone. So we want her to live with us so that we can take good care of her. She starts feeling depressing when living alone (she spend 16months from last 3 years in UK with us on visitor visa).

As Greenie says, the Immigration Rules aren't terribly bothered about that, sorry to say. It's about financial dependency, and your mother isn't.