Settle widowed mom with us in UK (I have ILR)

Hello everyone,

I have a genuine predicament and am hoping the collective experience of this forum can help me understand the best course of action.

I am in the UK since the last 6 years and am applying for naturalization in the UK this September for me and my wife (Completed 5 years as Tier 1 Migrant + 1 Year with Permanent Residency). My daughter is already a UK citizen on account of birth in this country.
My mom was widowed in 2010 and wants to come live with me in the UK. She is 55 years of age. Financially she is not dependent on me as she gets my father’s pension and also has some property in India. After my father passing away she has been in depression and had medication for the same issued at various points of time.
She has brothers and sisters in India (also her mother is still there) and she also tried to live in my grandfather’s house (where other relatives also live) and also tried teaching at a local school to pass the time as charity work.
Her health continues to deteriorate as she is also diabetic and family politics and issues do not enable her to live peacefully in my grandfather’s house. Her latest results show her organs are adversely being affected by the sugar levels and things can only get worse.
She is currently residing with my sister in the US for 6 months (my sister went there for just 1 year for work and is in the process of returning back). My sister is married and since we are the only 2 children she has no-where else to turn. She is coming to live with me for 5.5 months starting October. As I understand it we have 2 options:
1. Apply for remaining in the UK as dependent parent citing her deteriorating health and depression prescriptions. The Indian doctor once recommended that she live with me – I might be able to get that in writing. This application would be made while she is in the UK (she will be on a Family Visitor visa).
2. Apply as an entrepreneur able to invest £200K. This would entail her selling all the property in India and might take a couple of years at the very least. I was thinking she can invest in my business (I have a limited company set up in the uk) but I have been advised that this route is not easy as she will have to prove her entrepreneurial acumen etc.
Please advise what might be the best way open for us.
Regards
Vinay

Based on what you've written - she won't be able to come as your dependant - the requirements are:

E- ECDR.2.4. The applicant or, if the applicant and their partner are the sponsor’s
parents or grandparents, the applicant’s partner, must as a result of age, illness or
disability require long-term personal care to perform everyday tasks.

E- ECDR.2.5. The applicant, or if the applicant and their partner are the sponsor’s
parents or grandparents, the applicant’s partner, must be unable, even with the
practical and financial help of the sponsor, to obtain the required level of care in the
country where they are living, because-
(a) it is not available and there is no person in that country who can reasonably
provide it; or;
(b) it is not affordable

Since she isn't your financial dependant - they can argue that she can afford to hire in the help herself and even if she can't - you could chip in and help.

On the other option - the problem for you won't be the initial investment (https://www.gov.uk/tier-1-entrepreneur/ ... ment-funds) - it's the extension (https://www.gov.uk/tier-1-entrepreneur/extend-your-visa). Although you should note she'll have to meet english language requirements.

She'll need to prove she's registered as a director or self employed (so she'd have to become a director of your company and be active in it's running) AND she'll have to show you've employed two more people as a result of her investment.

It's also important to note that there are certain businesses that are excluded - such as property development.

Guidance notes are here: https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Hello MPH80,

Thanks for your response and that does make things clearer.

In terms of the investor route I can provide employment to 2 people as a result of her investment for 12 months, that will not be a problem and my mother can become a director in my business that's no problem either. The question is will she be grilled on if she has experience with the current line of work (we are into licensed garment & general gifting items) or will it be easy if she can invest £200K and become a director in my business.

Also regarding the elderly dependent route the key point here is she is under depression and the doctor has recommended that its best if she stay with hey son. This is not something anyone else can give her. If I can get this in writing from her doctor - do we have a case?

Appreciate all your help.

A letter from your mother's doctor about her depression won't build a case. Unless she is unable to wash and dress herself and needs round the clock care...and this care isn't available or affordable in her home country then she won't qualify.

On the other point ... See page 25 of the guidance I posted.