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Applying for parents from HK to stay in UK

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tdang
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Posts: 1
Joined: Sat Mar 24, 2018 5:31 pm
United Kingdom

Applying for parents from HK to stay in UK

Post by tdang » Sun Mar 25, 2018 10:49 am

Hi,

My parents are from Hong Kong and they can visit the UK for 6 months at a time. I would like them to stay with me for 2 or 3 years to help raise my newborn. My wife and I are both British Citizens and have been here for 10 and 20 years respectively.

They are both retired, over 65 and will live with me.

They could just leave the UK and re-enter but immigration will not like that and may probably refuse entry as they will consider that they are using the UK as their home.

Can anyone advise what visa I can apply for?

Regards
Tony

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Casa
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Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Applying for parents from HK to stay in UK

Post by Casa » Sun Mar 25, 2018 11:11 am

The route to settlement for Adult Dependent Relatives has been virtually closed since the Immigration Rules were tightened in July 2012. In order for your parents to obtain a visa enabling them to stay for 2-3 years, they would BOTH need to prove that they need daily care for simple tasks such as bathing, dressing, preparing food etc. Also that care must either not be available in their home country, or be unaffordable.

There is no visitor visa which would enable them to stay long-term and as visitors they would not be permitted to provide free child-care as this is considered to be working, even if unpaid and for family.

If they apply for an ADR visa and are refused, this would close the door for all future visitor visas in the future. Also bear in mind that they are unable to spend more time on a visitor visa than they are spending in their home country, in a 12 month rolling period and frequent visits to the UK may be considered as 'residing', not visiting.

I'm assuming they don't qualify for any of the categories of Points Based visas (work/study).

These links explain the situation well.

https://www.gov.uk/government/uploads/s ... _final.pdf

https://www.gov.uk/government/uploads/s ... review.pdf

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.

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