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British Citizenship - Elderly Parent

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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konipai
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British Citizenship - Elderly Parent

Post by konipai » Fri Nov 25, 2016 4:57 pm

Hi,

I got my British Citizenship in May 2016. I have my parents back in India and they are Indian Citizen.
Dad is 73 years old and mom is 70 years old.

Is there anyway i can bring them to UK on a permanent basis to live with us? I dont want to take Visitor Route.

Mom needs regular medical support as she is under dialysis. I saw visa category "Join family living permanently in the UK" but it also states "the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years"

Currently i'm not able to afford the medical expenses back in India. Hence here also will be a challenge.

What option i may have? Any suggestions pls.

Thanks
KP

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Casa
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Re: British Citizenship - Elderly Parent

Post by Casa » Fri Nov 25, 2016 5:12 pm

This route to settlement for adult dependent relatives has been virtually closed since July 2012. In order to stand any chance of success you would need to prove that they BOTH need daily care for simple tasks such as bathing, dressing and preparing food and that care is either not available in their home country or is unaffordable.

Even if the care was needed and unavailable, the issue would be that as the living costs are considerably lower in India, if you could afford care for them in the UK you would be able to afford to pay for care in their home country.

Also be aware that if they apply for the visa and it is refused, all visitor visa applications in the future will also be refused due to their prior intention to settle.

This article by Freemovement explains the situation well.
https://www.freemovement.org.uk/out-with-the-old/
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Re: British Citizenship - Elderly Parent

Post by Wanderer » Fri Nov 25, 2016 5:21 pm

konipai wrote:Hi,

I got my British Citizenship in May 2016. I have my parents back in India and they are Indian Citizen.
Dad is 73 years old and mom is 70 years old.

Is there anyway i can bring them to UK on a permanent basis to live with us? I dont want to take Visitor Route.

Mom needs regular medical support as she is under dialysis. I saw visa category "Join family living permanently in the UK" but it also states "the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years"

Currently i'm not able to afford the medical expenses back in India. Hence here also will be a challenge.

What option i may have? Any suggestions pls.

Thanks
KP
Move back home to support them? I know how important it is to support ones parents in the Sub Continent Culture so it's a no-brainer really.
An chéad stad eile Stáisiún Uí Chonghaile....

konipai
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Re: British Citizenship - Elderly Parent

Post by konipai » Fri Nov 25, 2016 5:25 pm

Thanks Casa. Yes she needs help for basic activities.

If at all the Visa is approved will we get any support from NHS for the Dialysis and other medications?

Day to day support activities is something we can manage ourselves.

konipai
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Re: British Citizenship - Elderly Parent

Post by konipai » Fri Nov 25, 2016 5:27 pm

Wanderer wrote:
konipai wrote:Hi,

I got my British Citizenship in May 2016. I have my parents back in India and they are Indian Citizen.
Dad is 73 years old and mom is 70 years old.

Is there anyway i can bring them to UK on a permanent basis to live with us? I dont want to take Visitor Route.

Mom needs regular medical support as she is under dialysis. I saw visa category "Join family living permanently in the UK" but it also states "the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years"

Currently i'm not able to afford the medical expenses back in India. Hence here also will be a challenge.

What option i may have? Any suggestions pls.

Thanks
KP
Move back home to support them? I know how important it is to support ones parents in the Sub Continent Culture so it's a no-brainer really.
Problem is i'm the only Bread Winner for the whole family (Mine + My parents) so i cannot quit my Job in UK. If i work in India then the Pay will not be sufficient to support my family + parent's medical expenses.

noajthan
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Re: British Citizenship - Elderly Parent

Post by noajthan » Fri Nov 25, 2016 5:30 pm

Something like 3 ADR visas (only) granted in last few years.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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Casa
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Re: British Citizenship - Elderly Parent

Post by Casa » Fri Nov 25, 2016 5:33 pm

Note that they BOTH need to require the daily care, not just your mother.

The Case Worker will also assess your ability to pay for care in India which would cost you less than covering the care in the UK. You would be responsible for their financial support for 5 years following their entry into the UK.

There have been very few approvals for adult dependent visas since the change in the rules in July 2012 and those have been after a lengthy a costly appeal.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Re: British Citizenship - Elderly Parent

Post by Wanderer » Fri Nov 25, 2016 5:34 pm

konipai wrote:
Wanderer wrote:
konipai wrote:Hi,

I got my British Citizenship in May 2016. I have my parents back in India and they are Indian Citizen.
Dad is 73 years old and mom is 70 years old.

Is there anyway i can bring them to UK on a permanent basis to live with us? I dont want to take Visitor Route.

Mom needs regular medical support as she is under dialysis. I saw visa category "Join family living permanently in the UK" but it also states "the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years"

Currently i'm not able to afford the medical expenses back in India. Hence here also will be a challenge.

What option i may have? Any suggestions pls.

Thanks
KP
Move back home to support them? I know how important it is to support ones parents in the Sub Continent Culture so it's a no-brainer really.
Problem is i'm the only Bread Winner for the whole family (Mine + My parents) so i cannot quit my Job in UK. If i work in India then the Pay will not be sufficient to support my family + parent's medical expenses.
It's a catch 23 situation, one has to make sacrifices somewhere, you could work another job or two to pay for treatment back home, try the EU route (means moving lock stock and smoking barrel to another EU state for a year or so and moving back), google that last one, it's been explained often, but bear in mind Brexit and the UK/Ireland not really see it as Cricket.

The Adult Dep. visa is effectively closed though, and will cost you £2.5k for each person, perhaps better spent on health care in india, surely that would buy a lot?
An chéad stad eile Stáisiún Uí Chonghaile....

konipai
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Re: British Citizenship - Elderly Parent

Post by konipai » Fri Nov 25, 2016 5:49 pm

try the EU route (means moving lock stock and smoking barrel to another EU state for a year or so and moving back), google that last one
Thanks. Sorry i couldn't understand above statement. Can you please explain?

Wanderer
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Re: British Citizenship - Elderly Parent

Post by Wanderer » Fri Nov 25, 2016 5:55 pm

konipai wrote:
try the EU route (means moving lock stock and smoking barrel to another EU state for a year or so and moving back), google that last one
Thanks. Sorry i couldn't understand above statement. Can you please explain?
Google Surinder Singh, or search the site for it, or read the EEA forums on the site, it's all there.

It's not a universal panacae for your issue, door is still open, but Brexit and the UK/Eire (Eire is the place most pepole try it from as it's English speaking apart from Gaelic). I'm not one of the supporters of it, I think it's tantamount to circumventing the UK immigration rules so best wait for others.
An chéad stad eile Stáisiún Uí Chonghaile....

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Casa
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Re: British Citizenship - Elderly Parent

Post by Casa » Fri Nov 25, 2016 6:15 pm

Regarding Surinder Singh, depending on the available level of free medical care in the EU state, you may find that this isn't sufficient for your mother's needs.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Wanderer
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Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: British Citizenship - Elderly Parent

Post by Wanderer » Fri Nov 25, 2016 6:58 pm

Casa wrote:Regarding Surinder Singh, depending on the available level of free medical care in the EU state, you may find that this isn't sufficient for your mother's needs.
That's true actually, the hoops I had to jump through to get into the health system here in Denmark, and I'm a Brit. the EHIC is not enough which baffles me as to why it's accepted as CSI - it plainly isn't, it's just an emergency treatment intra-EU-chargeback system for EU folks caught ill whilst in other in EU states. Plain as a Pikestaff.

As we say in Lancashire, 'Tha'll ne'er get owt fer nowt'....
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
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Re: British Citizenship - Elderly Parent

Post by secret.simon » Fri Nov 25, 2016 8:27 pm

As others have mentioned, it is practically impossible to get your parents to the UK under the UK Immigration Rules. As an aside, if you bring your parents in under the UK Immigration Rules, you will have to sign an undertaking confirming that they will not make any demands on the health, welfare and social care systems for five years after arriving in the country. In effect, you will be expected to have private health insurance for them, which, given their age, may be quite expensive.

New EEA Regulations have also made the EEA Surinder Singh route harder, ironically from tonight.

For the SS Route to work, you will need to move the center of your life to another EEA country and exercise treaty rights there. That means that your entire nuclear family in the UK will need to move to another EEA Country and you will need to demonstrate that you are integrating with the local community there before you are eligible to return under the EEA Regulations.

You will therefore need to factor in the impact of moving to a other country would have on other members of your nuclear family,such as your wife and/or children. If you have children and they are of school age, you will need to factor in the impact that moving to another country will have on their future schooling.

You will also need to demonstrate that your parents are dependent on you, but I presume that proving the dependency would be straightforward of you have been transferring funds on a regular basis.

You will also need to factor in that the whole Brexit situation is quite fluid and that you would want to return within two years.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Wanderer
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Re: British Citizenship - Elderly Parent

Post by Wanderer » Fri Nov 25, 2016 8:35 pm

secret.simon wrote:As others have mentioned, it is practically impossible to get your parents to the UK under the UK Immigration Rules. As an aside, if you bring your parents in under the UK Immigration Rules, you will have to sign an undertaking confirming that they will not make any demands on the health, welfare and social care systems for five years after arriving in the country. In effect, you will be expected to have private health insurance for them, which, given their age, may be quite expensive.

New EEA Regulations have also made the EEA Surinder Singh route harder, ironically from tonight.

For the SS Route to work, you will need to move the center of your life to another EEA country and exercise treaty rights there. That means that your entire nuclear family in the UK will need to move to another EEA Country and you will need to demonstrate that you are integrating with the local community there before you are eligible to return under the EEA Regulations.

You will therefore need to factor in the impact of moving to a other country would have on other members of your nuclear family,such as your wife and/or children. If you have children and they are of school age, you will need to factor in the impact that moving to another country will have on their future schooling.

You will also need to demonstrate that your parents are dependent on you, but I presume that proving the dependency would be straightforward of you have been transferring funds on a regular basis.

You will also need to factor in that the whole Brexit situation is quite fluid and that you would want to return within two years.
Which to be fair is why it was facilitated. For folks that had legitimately relocated for work, marraige, family whatever, as a definate principal, not like a quick hop out, hop back like it's become recently before the tightening up because UK rules didn't work.

While it's a rule to exploited fair enough, but don't blame the powers that be for clamping it closed. General comment not a critique of your post SS which is spot on as usual.
An chéad stad eile Stáisiún Uí Chonghaile....

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