Parents permanent visa

[koshti26]

I have got my PR and exploring a possibility how i can bring my old parents to UK permanently. They are more than 65 year old and living alone in home town but they are getting pension in India so they are not financially dependent on me what are the option left and how can make my case. Please help with suggestions.

[Lucapooka]

They don't qualify for settlement in the UK. The qualifying conditions are:

You need long-term personal care to perform every day tasks, such as washing and cooking.
The care you need is not available in the country where you are living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.

http://www.ukba.homeoffice.gov.uk/visas ... dependent/

[kasturi75]

Have they removed that age limit over 65 years requirement?

You need long-term personal care to perform every day tasks, such as washing and cooking

Above is a tricky condition... if you try to prove this condition then they will ask that who looks after your parents currently? & why is that caring no longer exist?

[Lucapooka]

Even if they are incapacitated, rather than permit their settlement in the UK, they would expect you to hire a local maid or nurse to look after them. Something that costs peanuts in their location. Simple as that.

[kasturi75]

Issue is now at least they don't grant visitor visa as no enough evidance to prove that she has genuine interest going back to mother country. We are trapped now. Is there any way that we can win at least a visitor visa application??

thanks in advance.

[Lucapooka]

Yes, by showing their strong social and economic ties to their homeland.

[kasturi75]

Thanks Lucapooka, but we already have told them that no strong social and economic ties at homeland when we made the application for Dependent visa.

[Lucapooka]

If you had asked your questions before applying anyone would have told you that making an inappropriate settlement application for elderly parents, that has no merit, will effectively kill off any chance of a visit visa being issued to them in the future. You should have consulted a professional who would have told you pretty quickly whether or not to apply.

You'll have to visit them as the UKBA will not take a chance of issuing visit visas to two old people who have no ties and have stated they wish to settle in the UK.

[kasturi75]

Hi Lucapooka,
We will be having our BC ceremony in 2-3 months time. Can you see any chance of applying mum’s visitor visa targeting BC ceremony?

thanks

[deleted_user]

We will be having our BC ceremony in 2-3 months time. Can you see any chance of applying mum’s visitor visa targeting BC ceremony?

Makes no difference. The same rules apply to BC (if you were originally British you would not have non-EEA parents, he he, nice try, but govt. is smarter). Looks like you are a little late to the party and have missed all the exciting changes (http://www.immigrationboards.com/viewtopic.php?t=110182) Theresa May put in lately to meet the governments migration target.

Join the campaign, though don't expect the government to listen.

[CR001]

Hi Lucapooka,
We will be having our BC ceremony in 2-3 months time. Can you see any chance of applying mum’s visitor visa targeting BC ceremony?

thanks

As Lucapooka has already said, it is highly unlikely that your parents will be granted a visitors visa due to the refused settlement application submitted.

[kasturi75]

This is just to share my experience/info grabbed from an immigration consultant/lawyer who I visited y’day...

Only option is apply under visitor via.
Need a very comprehensive sponsor letter supported by list of supporting documents
Need to produce ‘change situation documents’ (from last application – 2009 - to date) to prove that my mum has reasonable ties in mother country to go back.
He presumes that Visitor application will be refused though all above supporting letters/docs
Next steps is to find a court case based on refusal & try to prove that she will go back home.

Cost for consultancy will be around 100 pound.
But if we need court case then cost will be over 2000.00

[deleted_user]

This is just to share my experience/info grabbed from an immigration consultant/lawyer who I visited y’day...

Only option is apply under visitor via.
Need a very comprehensive sponsor letter supported by list of supporting documents
Need to produce ‘change situation documents’ (from last application – 2009 - to date) to prove that my mum has reasonable ties in mother country to go back.
He presumes that Visitor application will be refused though all above supporting letters/docs
Next steps is to find a court case based on refusal & try to prove that she will go back home.

Cost for consultancy will be around 100 pound.
But if we need court case then cost will be over 2000.00

Have you explored the possibility of taking the UKBA to court for fraud, because the conditions of the current dependent ILR are such that no one can succeed, but still giving you the option to apply meaning you are sure to loose your visa application fee. http://www.cps.gov.uk/legal/d_to_g/fraud_act/

[kasturi75]

No I haven't heard that. Do you know anyone/case already used above noted fraud act?

[Lucapooka]

No, it's rubbish!

[kasturi75]

Hi Lucapooka,
Is Surindar Singh case applicable to parents & other family members category? If so, then I can work outside the UK for limited period & come back to UK with my mum... huge relief...

http://www.asherandtomar.co.uk/Pages/Su ... ermit.aspx

Thanks

[deleted_user]

Hi Lucapooka,
Is Surindar Singh case applicable to parents & other family members category? If so, then I can work outside the UK for limited period & come back to UK with my mum... huge relief...

http://www.asherandtomar.co.uk/Pages/Su ... ermit.aspx

Thanks

yes, good luck!

[doc_S]

Does Surinder Singh Judgment apply to elderly dependants? Is there a minimum period required to live and work in a member state before exercising this EEA treaty? Can someone work there on temporary basis (leaving rest of family in UK) but living there and get parents visa for that country and later EEA family permit for them? Which EEA country is best for that?

On the other hand current elderly dependant visa rules needs to be challenged by someone sooner or later. These inhumane rules can not survive.

[kasturi75]

Does Surinder Singh Judgment apply to elderly dependants? Is there a minimum period required to live and work in a member state before exercising this EEA treaty? Can someone work there on temporary basis (leaving rest of family in UK) but living there and get parents visa for that country and later EEA family permit for them? Which EEA country is best for that?

On the other hand current elderly dependant visa rules needs to be challenged by someone sooner or later. These inhumane rules can not survive.

Can someone answer above??

[doc_S]

[ALKB]

Does Surinder Singh Judgment apply to elderly dependants? Is there a minimum period required to live and work in a member state before exercising this EEA treaty? Can someone work there on temporary basis (leaving rest of family in UK) but living there and get parents visa for that country and later EEA family permit for them? Which EEA country is best for that?

On the other hand current elderly dependant visa rules needs to be challenged by someone sooner or later. These inhumane rules can not survive.

It does in general. Every country takes a little different stance on it, though.

The UK is adamant about financial dependency on the EU national, Germany accepts financial dependency as well as 'living in the same household as the EU national'.

Germany and Austria seem to be quickest about issuing the 5-year residence card, about three to four weeks after application, while Spain likes to take up to 6 months.

When you look at possible countries, also take the economic situation into account, as you will need to exercise treaty rights = work in that country.