ILR Application for my parents

[SKA20]

Hi,
I would like to request for your advice on applying ILR for my parents.I have become a British Citizen couple of years back but originally from Nepal. Could you please suggest the best route to apply ILR for my parents, please?
Some people are suggesting to bring them to the UK in visit VISA and apply ILR from within the country. Is that really possible? or is it better to apply from Nepal?

[srsw]

It's not easy to get parents on long term basis apart from visitor visa. Only in exceptional cases it may be possible to bring parents long term, i.e. they don't have any other relationships, links with home country, no assets and/or threat to their life in their home country kind of scenarios.

So in general, if your parents need to visit the UK regularly over a longer period, you can apply for a long-term Standard Visitor visa that lasts 2, 5 or 10 years. They can stay for a maximum of 6 months on each visit.

[Casa]

The route to settlement for adult dependent relatives has been virtually closed since the Immigration Rules were tightened for chain migration in July 2012.

In order to stand any chance of success in obtaining a settlement visa, your parents would have to submit documented evidence that they BOTH require help with daily tasks such as bathing, dressing, preparing food etc.

Also, this care cannot be available in the home country, or is not affordable. The cost of care in Nepal is almost certainly less than in the UK. The case worker is likely to consider that if you can afford to pay for their care in the UK, you would be able to afford the care fees in Nepal.

If you apply for this visa and it is refused, the door will be shut for visitor visas in the future due to their prior intention to settle. They are unable to apply for settlement from within the UK while here as visitors.

There have been very few successful applications for this visa since the rules changed and those that have been granted settlement are from countries where the care costs are higher (such as the USA) or after lengthy and expensive court appeals.

The article published in Nov 2017 by Freemovement in the link below explains it all clearly.

https://www.freemovement.org.uk/out-with-the-old/

[SKA20]

Many thanks @Casa and @srsw for your suggestions. I clearly see your point and I certainly can't afford the door being shut for them even as visitor visas in the future. I've detailed a bit more about my situation and really appreciate your time on reading the below and sharing your thoughts.

I got my citizenship from Tier 2 and then ILR route since I am always in a shortage skillset for the country.
My dad has his pension income and has some property (home/lands) in Nepal. I have my own house in the UK. The intention to bring my parents here in the UK is to take care of them, be present for them as their only son rather than being able to pay for their care in Nepal.

My dad (nearly 80) is now developing hearing problem. He had his open heart surgery done about 15 years ago and goes to regular check ups but now started to become less mobile. My mom (nearly 70) has mobility difficulties due to her knee problem in addition to having type 2 diabetes. My sister lives in other country and married. Normally taking care of parents is son's duty - it is not written anywhere but more sort of standard in Nepal. Yes, we do have other relatives but not in a way to help them in their daily need. Me and my wife are both working in the UK so it won't be a problem to show that I can afford the care. Again this could be tricky since HO may argue why can't I afford the same in Nepal.

I can now summarise as
1. Their long-term health condition for which they need some help in their daily task. I can pay for the care in Nepal which is cheaper but I need to be present with them their only son.

2. Since I am in a shortage skillset profession and in a senior position, this means I can develop a lot more people in the field for future.

How do you see the above? Do you see that if I stand any chance, if yes what should I do?

[CR001]

No chance really as they have income and you can pay for care and they have family in Nepal. Your skillset is irrelevant to this. Any emotion and "sons duty" is also irrelevant.

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immigration-for-family-members/older-de ... 42420.html

[SKA20]

Your reply is much appreciated.

As stated in the previous posts by srsw, applying under a long-term Standard Visitor visa that lasts for 5 or 10 years seems to be the only option. Correct? In long-term Standard Visitor visa, they can stay for a maximum of 6 months on each visit. Is there a certain cooling period for them to re-inter the UK once they leave after each visit of 5/6 months?

[CR001]

As stated in the previous posts by srsw, applying under a long-term Standard Visitor visa that lasts for 5 or 10 years seems to be the only option. Correct? In long-term Standard Visitor visa, they can stay for a maximum of 6 months on each visit. Is there a certain cooling period for them to re-inter the UK once they leave after each visit of 5/6 months?

The visitor visa rules remain the same. They cannot be seen to be using a visitor visa for successive long visits effectively using the visa to reside in the UK and cannot be spending more time in the UK that in their home country in a 12 month rolling period.

[srsw]

Your reply is much appreciated.

As stated in the previous posts by srsw, applying under a long-term Standard Visitor visa that lasts for 5 or 10 years seems to be the only option. Correct? In long-term Standard Visitor visa, they can stay for a maximum of 6 months on each visit. Is there a certain cooling period for them to re-inter the UK once they leave after each visit of 5/6 months?

Not really sure about the success rate for long-term visitor visa and how strong the case needs to be. Probably worth searching the forum.

One idea perhaps is to go for one time standard visitor visa for their first visit (assuming they haven't visited UK yet). Repeat the same the following year, and then apply for long-term visitor visa.

This way you build a case that they are visiting you every year for 3 to 5 months, so the chances of approval for long-term visitor visa increases.

[SKA20]

Thanks a million to all of you replying to my post. This has been really helpful.
@CR001: it seems like the application form itself is a trap for refusal. I am totally confused since I am not a lawyer.
Looking at the application form, the HO asks sponser to be able to pay for the elderly care for 5 years without any recourse to public funds and if anyone ticks that YES, then HO is going to refuse the application on the basis that the sponser can provide care to elderly parents in their home country. I assume ticking a NO is an easy refusal.
Re income: how can a living person not have any income in any country? The person must be broke or begger to have no income at all.
Re relatives: I'd believe everyone will have relatives but that does not mean they must have the same bond with relatives as they'll have with their children. This is evident from the rule that one cannot apply to sponser any other relatives, for eg uncle/aunt, other than close relatives (parents, child). But I cannot understand the HO assumption that having other relatives gives sufficient ground to assume elderly parents must be cared by relatives.

Lastly, I am quite frustrated that this seems impossible other than visit visa for my parents. Any thoughts or ideas please share.