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Elderly Dependent visa - need clarifications

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humapak
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Elderly Dependent visa - need clarifications

Post by humapak » Tue Sep 18, 2012 7:35 pm

Hi,

just another question for my family member...

My dads brother (my uncle) is in Pakistan and he is over 70 years old. His wife (my aunt) has a british passport but she lives with him.

Due to there old age they can no longer look after themselves physically as in washing themselves, cooking for themselves, leaving in a clean environment etc (I think you get the imagine) they also have no children and no other family member as we are all settled in the UK.

I have sponsored my uncle in the past on numerous occasions and currently he has a 5 year visa with 3 years remaining my question is can I get a dependent visa for him?

He and his wife are living with me but I have read the statement of intent of family migration and that says in article 120, that I can not sponsor/convert his visa as I am not his son and only his brother (my father has passed away) and my uncles children can sponsor him but he doesnt not have any children.

article 121 says dependant relatives who are over the age of 65 can be sponsored? there fore I am a little confused. Can I or can I not sponsor them? I am like his child and I have always looked at him in a father figure role....

Also the statement of intent says that for dependent visas the papers must be submitted from the home country which in this case is pakistan. This causes problems as he can not look after himself and how would he do this? how would he look after himself for the time being while the case is reviewed? (I think you understand my situation)

1) could I as a nephew sponsor him?
2) can the case be submitted from the UK (makes it very easy)

Huma (Wakas)

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Post by geriatrix » Tue Sep 18, 2012 8:30 pm

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MPH80
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Post by MPH80 » Wed Sep 19, 2012 7:23 am

What type of 5 year visa does he have?

humapak
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Post by humapak » Sun Sep 23, 2012 6:08 pm

MPH80 wrote:What type of 5 year visa does he have?
sorry for the late reply it is a family visit/tourist visa

MPH80
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Post by MPH80 » Sun Sep 23, 2012 6:36 pm

humapak wrote:
MPH80 wrote:What type of 5 year visa does he have?
sorry for the late reply it is a family visit/tourist visa
Ok then - just checking - but he hasn't BEEN here for 2 years has he?

I'm assuming you know this - but a 5 year visa doesn't allow continuous residence for 5 years - it just allows unlimited 6 month in 12 visits over the period of 5 years.

I'm just particularly concerned by the 'living with me' statement.

If he had been here continuously for 2 years - he'd have overstayed by 18 months.

M.

humapak
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Post by humapak » Sun Sep 23, 2012 8:33 pm

MPH80 wrote:
humapak wrote:
MPH80 wrote:What type of 5 year visa does he have?
sorry for the late reply it is a family visit/tourist visa
Ok then - just checking - but he hasn't BEEN here for 2 years has he?

I'm assuming you know this - but a 5 year visa doesn't allow continuous residence for 5 years - it just allows unlimited 6 month in 12 visits over the period of 5 years.

I'm just particularly concerned by the 'living with me' statement.

If he had been here continuously for 2 years - he'd have overstayed by 18 months.

M.
Nonono hes been here for the last 4 months... but his illness has worsened considerably he would usually come for 6 months then go back for a year then come for 6 months... never more than 6 months

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Post by vinny » Wed Sep 26, 2012 2:11 am

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