Does your father need to be really ill to settle here?

[Jayia]

Hi all,

May I ask for your advice? I have lived in the UK for 12 years and got the UK passport. Now I want to apply for the settlement for my father.

My mother has passed away, so my father lives alone. At present he is 63. As I understand, I can only apply once my father is 65.

However, I was also told that the UK authorities will reject your application immediately if your parent is healthy and have a comfortable material life. Apparently you will have to prove that your parent is very ill and poor back in your home country.

Is it true or is it a myth?

Thank you

[MPH80]

Sort of true.

The actual requirement is that they require care with day to day task such as washing/dressing/cooking - and that this care cannot be provided or is unaffordable in the home country.

[Jayia]

Thank you for your kind reply. It is very sad to know this. I would love to hear advice on how you can pass this rule.

[Obie]

Also see Adult Dependant Relatives

[Jayia]

Thanks. On the UK Border Agency, they list three requirements, one of which is:

"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."

Does it mean your parent needs to have a serious illness like cancer in order to come here?

[MPH80]

No - it means exactly what it says - the person requires care.

That doesn't mean an illness - it could be a disability - it could just be old age.

But the real catch is the line about it being unaffordable. This turns it into a catch 22. If it's unaffordable - it's unlikely you've got enough money to support them here. If it's affordable - they can stay where they are.

The only scenarios I can see are where the person is coming from an already expensive country - e.g. somewhere in the western world - where it's expensive to pay for care like that.

M.

[Jayia]

Thank you for your kind explanation.

[kuruvi]

While they made the rule harder, it is still subject to interpretation of the words.

I agree that the person needs to prove that he/she needs personal care.

"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."

Looking at the above requirement, my understanding is, that it is either one of that like it is not affordable

It is not affordable to the person who is applying for the visa. It no where says it is not affordable by the SPONSOR.

Therefore, if a person needs a care, he/she has to prove that they don't any money to pay for the care.

Please the senior member advise on this.

[MPH80]

The evidence required is:

35. Evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:

(a) a central or local health authority;
(b) a local authority; or
(c) a doctor or other health professional.

and ...

37. If the applicant's required level of care is not, or is no longer, affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment and an explanation of why that payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.

So - specifically - they call out the sponsor providing financial help as a possibility to make it affordable.

[Jayia]

Hi kuruvi, my father is retired and can prove he has to rely on my financial support.

However, in that case I think the Home Office would say 'you just send money back so that your father can have personal care. He doesn't need to come to the UK'.

Is that true?

[MPH80]

Hi kuruvi, my father is retired and can prove he has to rely on my financial support.

However, in that case I think the Home Office would say 'you just send money back so that your father can have personal care. He doesn't need to come to the UK'.

Is that true?

Exactly.

As in my post above - you'd have to prove as to why that wasn't sufficient to be able to provide the care needed - and THEN go on to prove how it would be sufficient to support him in the UK.

Catch 22.

[Jayia]

Hi MPH80,

Do you think hiring a lawyer for the application would make a difference?

[MPH80]

You can try - but my personal belief is that it's all but impossible to get these visas now.

I'd suggest it'd be money down the drain.

[Jayia]

Thanks, MPH80. If you say it is impossible, then perhaps it is true.

[MPH80]

I'm going to be exceptionally clear - I am not an immigration lawyer. I am someone who has gone through the family visa route for a wife (my posts are easy to find) and has spent a lot of time reading the new rules.

What I have posted is my personal interpretation of those rules.

The general consensus here is that these visas are very hard to get. I personally believe the rules make it nigh on impossible for people coming from places like India/Pakistan etc.

M.

[kuruvi]

The evidence required is:

35. Evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living should be from:

(a) a central or local health authority;
(b) a local authority; or
(c) a doctor or other health professional.

and ...

37. If the applicant's required level of care is not, or is no longer, affordable because payment previously made for arranging this care is no longer being made, the applicant must provide records of that payment and an explanation of why that payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the applicant must provide an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided.

So - specifically - they call out the sponsor providing financial help as a possibility to make it affordable.

MPH80, thanks for the clear explanation. I can understand it better now. It looks impossible.