Parent of person present and settled in the United Kingdom

[4uvak000]

Hi, everybody. I am asking on behalf of my friend. She recently received her PR in UK and will be applying for BC soon. She has a divorced mother living outside UK. Due to family problems her mother has been forced from her flat which than has been sold by her other two children, so now my friend's mother lives in rented flat. She is a pensioner though she is under 65. Her rent costs are more than her pension so my friend will start help her to pay the rent. My friend considers to bring her mother to the UK. The easiest way seems to be is to apply for visitors visa. But as to my understanding her mother would need to leave the UK every 6 months which will trigger additional expenses like return ticket £500 plus 3 months stay in hotel before she can come back to UK. Is there any chance for my friend's mother to get ILR or another type of visa which would not require her to leave UK every 6 months and stay outside the UK for 3 months to avoid all additional costs? Due to 317 (d) it says "parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances". Can anyone explain (or post a link to a similar case), what exactly the most exceptional compassionate circumstances are and how to prove them. I assume my friend will need to show that she sent money to support fer mother financially. What about proving that her mother lives alone? Should she present a letter from landlord? And what about the other 2 children - do they need to sign anything saying that they do not help her materially? I do not think they will sign anything as you might imagine in the described circumstances... Any help will be appreciated.

[Amber]

The 317(d) is no longer relevant as the rules changed last July.

It is now:

You can apply to join a settled person in the UK if:

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.

Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds.

Your sponsor will need to sign a sponsorship undertaking form to confirm that they will be responsible for your care without relying on public funds for a period of at least 5 years.

Very difficult to meet this criteria. You should consider the Surrinder Singh rule once the child is a British Citizen.

[4uvak000]

Thanks for quick reply, D4109125. I will study that route.

[4uvak000]

Ok. I studied the Surrinder Singh route. I have couple questions now. It does not say in regulations for how long is the British citizen and family member are required to live in the other member state. And what might be a proof of such live. Should a BC really live there or is it enough to be registered as self-employed there and show bank statements of local bank with income?

[Amber]

You need to really live there, 3-6 months.

[4uvak000]

You need to really live there, 3-6 months.

Thanks for mega quick response!

[4uvak000]

Would Schengen visa plus a stamp in passport on arrival to EEA country be enough for family member to prove her residence in EEA country? I also see in Surinder Singh discussion everybody says about their spouses only. Will this route be sufficient for non-EEA citizen mother of BC also? Can BC exercise treaty rights in Switzerland?

[Amber]

The dependent parent would have to reside with the child in the other EEA country.

[4uvak000]

Ok. Thanks. Can BC exercise treaty rights in Switzerland? It is a bit of confusion about this country as it is not a EEA country, but for immigration purposes it is treated as EEA country...

[4uvak000]

Could anyone clarify if Switzerland is the right country to exercise the Treaty rights? And also on a family visitor visa route. It says on UKBA website, that visitor cannot stay for longer than 6 months. In case if visa given for 1-2 years what visitor should do? Well, leave the country obviously, but for how long? And should the visitor go back to his country or can he stay in any other country and for how long? Thanks.

[Amber]

Perhaps this would be better placed in the EEA forum?

[4uvak000]

Yes, you are right. I will do it. If someone of interest on Family visitor route, here is information I found so far:
Long-term visit (up to 10 years) £737
If we grant you a long-term visit visa, you are allowed unlimited entry into the UK for the time that the visa is valid, but for a maximum of 6 months for each visit.
There is no restriction on the number of visits a person may make to the UK nor any requirement that a specified time must elapse between successive visits. However, the Immigration Rules state that the applicant must show that they do not intend to live in the UK for extended periods through frequent and successive visits. An ECO must consider the reason for a series of visits with only brief intervals outside the UK between each visit. The ECO must consider the purpose of the visit against the time elapsed between visits and the duration of previous visits to the UK.

There is no Rule that states a visitor can only remain in the UK for 6 out of any 12 months, but an ECO must examine the pattern and frequency of visits to see that it does not amount to de facto residence.