Older dependent relatives

RANA-ALI · Post by **RANA-ALI** » Tue Feb 04, 2014 11:16 am

avjones wrote:I imagine your mother's been refused under paragraph 317 (v), "has no other close relatives in his own country to whom he could turn"?

If so, it's so fact-specific, that you need particular advice on the prospect of success in this particular case. As to whether JR, appeals etc are a realistic option, again, you need specific advice.

Thanks for ur reply
Where can i get this advice, as i m fedup with so called good solicitor hence i turn to this forum to get as much information as i could get or hoping somone could direct me to the best solicitor which other people relied on or could highly recommend. Im not sure where to go feom here ... Can any one else be kind enough to help me
Regards
Ali

avjones · Post by **avjones** » Tue Feb 04, 2014 5:22 pm

I'd definitely go for someone recommended in person, rather than just choosing someone out of the yellow pages. Do you have any friends or relatives who have used immigration solicitors recently?

RANA-ALI · Post by **RANA-ALI** » Thu Feb 06, 2014 2:12 am

Hi, i have asked my friends but they suggest not to use thier solicitor as it is a complex case , which involve so many facts that a top solicitor could handle it,
I have spoken to few firms from one given me no hope as they said all the options are already tried and the mess made by previous two solicitors is hard to clear. And from some i was not convince about thier ability .
Not sure what to do as even thinking of sending mum back home is heart breaking... She is widow age 63 thinking about her age , medical condition and country situation is not ideal for someone at that age to live by thier selve makes every one worried here, its not possible / practical for any of us to move back . 3 years back my parent house was sold now she has no where to live. But h.o keep saying that she still could live with extended family or daughter back home who is already looking after her family and her in laws.
Not sure where to go from here , i was hopping to get directed towards any hope

avjones · Post by **avjones** » Thu Feb 06, 2014 7:48 am

Age 63? That makes it harder. The test under 63 under that rule isn't just the easy bits, but also "compelling compassionate circumstances".

naija99 · Post by **naija99** » Thu Feb 06, 2014 12:10 pm

I have a friend who is representing a client under this category. This is his message below:

The Rules have changed and now the parents can only come if they need longterm daily care for a medical reason and that care is not available in their own country. This is very difficult to satisfy.

I had a case recently where the parent is an 85 year old widow in Sri Lanka who has no family there. Fortunately she is in good health (although this means she cannot meet the Rule). She has 6 children here (4 of whom are refugees who could not go to live with her in Sri Lanka) 12 grandchildren and 6 great grand children. The family are doing well and could easily support their mother without any cost to the taxpayer. We have to rely on having a sympathetic Judge which is just plain wrong.

I want the law to change so that people can bring their parents provided they can ensure they can be supported here. To do that I have started a petition and want to try and get 100,000 signatories.

I enclose a link and would be grateful if you could sign it and encourage as many other people as possible to do the same.

Thanks

Dear Sir,

Your e-petition "Relax the Rules on sponsoring parents to settle in the UK" has now been published. You can view your e-petition at:http://epetitions.direct.gov.uk/petitions/59951

You can also share this URL to promote your e-petition or use the social network links available on your e-petition's page.

Thanks,

HM Government e-petitions

doc_S · Post by **doc_S** » Wed Feb 12, 2014 8:43 pm

I have signed petition above, please everyone sign it even if your case is now resolved. This petition need to be advertised properly to get maximum signatures. Can admin please help in advertising this petition and make a new sticky post for it please?

Post by **vinny** » Thu Apr 17, 2014 12:36 am

JCWI Survey.

hmalik · Post by **hmalik** » Fri Apr 25, 2014 5:04 pm

Hi
I'll be grateful if someone can give advice on the following scenario.

I have my 72 years old widower father living in Pakistan.

I was granted refugee status 2 and half years ago.
I am working full time for last 2 year earning £21212 per annum.
My working tax credit and child tax credit combines upto 9,000 per annum. My wife receives some child care and disability allowances as well.
I live with my wife and 2 children (both under 5).
I live in 2 bedroom house (excl. living room of approx. 100 sq. ft.).

I want to sponsor my father for elderly dependant category. He doesn't have much saving or any pension or property back home.

Are my above credentials sufficient to support his application.

Many thanks.

avjones · Post by **avjones** » Fri Apr 25, 2014 6:24 pm

It's not so much about your circumstances as yours and your father's considered together.

But it's very, very difficult at the moment, since the change in the rules.

What is your father's health like? Is he well, or disabled?

hmalik · Post by **hmalik** » Mon Apr 28, 2014 3:50 pm

Hi Amanda
Thank you for your kind reply.
As you can see he is 72 so we can't say that he is very healthy, obviously, getting very old, facing various health issues frequently but nothing major in terms of disability.
I forgot to mention earlier that I regularly send him money to sponsor his living and have got all the proofs.
Can you please share any links/references to the recent change in the rules?
Many thanks.

Post by **MPH80** » Mon Apr 28, 2014 4:14 pm

The basic criteria to meet is here:

https://www.gov.uk/join-family-in-uk/eligibility

Coming to be cared for - you’re an adult dependent relative
You must be dependent on a parent, grandchild, brother, sister, son or daughter of someone living permanently in the UK.

You must prove that:

you need long-term care to do everyday personal and household tasks
the care you need is not available or affordable in the country you live in
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
you’re 18 or over

Since you've said he is ok - but just old - he doesn't meet the first point in that criteria. So he won't be eligible to join you in the UK.

Alternatives:

1) Go to be with him
2) Relocate to the EU for a period (6 months+) - moving the centre of your life there - e.g. no returning back to the UK every weekend and your family would be expected to go with you - and then have him join you on a family permit before returning to the UK.

M.

avjones · Post by **avjones** » Wed Apr 30, 2014 1:41 am

The relevant part of the Immigration Rules is Appendix FM for applications after July 2012, p.39 onwards:

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

smaash · Post by **smaash** » Sun May 11, 2014 1:26 pm

https://www.gov.uk/join-family-in-uk/extend-your-visa

Does this mean that parents of settled UK people who are on visit visa can now apply to extend their visa for 30 months from UK? and then reapply for further extensions?????

-------------------------------------------
7. Extend your visa

You can apply to extend your visa towards the end of your stay.

You must apply before your visa expires.

When you’re eligible, you can apply to settle. Settlement means you can stay in the UK without time limits.

Your initial stay will be:
33 months if you applied as a partner (27 months if you applied before 9 July 2012)
6 months if you applied as an engaged partner or proposed civil partner
as long as your parent’s stay if you applied as a dependent child or to join a parent with sole responsibility for you
without time limits if you applied to join 2 British or settled parents
30 months if you applied as a parent
-----------------------------------------

Post by **MPH80** » Sun May 11, 2014 2:55 pm

No, you can only extend a settlement visa.

Visit visas can only be extended by extreme exception.

RickyBalboa · Post by **RickyBalboa** » Tue May 13, 2014 11:46 pm

Hi. I would be grateful for some advice to point me in the right direction.

Myself & my wife are full UK citizens, living in the UK.

We need to find out if it is possible for my wife to call her mother into the UK to live with us.

Her mother lives in Pakistan. She is 68 years old. Widowed. She has 3 other daughters all in Pakistan, all 3 are married. Her 1 son is estranged from her & no longer living in Pakistan although he does send her money .

She does not have any property or land or any income other than what her son sends her. Up until now she has lived with her eldest daughter & her family in their home, with her youngest daughter, who has now married and has moved out.

She has had no ties with her deceased husbands family (her in-laws etc) since he passed away over 20 years ago.

Culturally, she feels no longer able to live with any of her daughters in Pakistan now that they are all married.

She does have a British Overseas Citizen passport & she has visited us several times over the years. I have been told that it may be possible for her to join us if we agree/offer to look after her.

Sorry for the long-winded post.

Are there any applications that can be made? Many thanks

Post by **MPH80** » Wed May 14, 2014 7:44 am

Please read my post 4 posts above yours for the qualifying criteria for a standard adult dependant relative.

RickyBalboa · Post by **RickyBalboa** » Wed May 14, 2014 2:32 pm

MPH80 wrote:Please read my post 4 posts above yours for the qualifying criteria for a standard adult dependant relative.

Many thanks. I was reading this:- "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"

Hypothetically, once the Home Office approve an application, what's to stop someone claiming public funds?

Post by **MPH80** » Wed May 14, 2014 3:02 pm

a) in theory the DWP would pick it up
and if they didn't then b) when you applied for the ILR at 5 years - it'd be spotted and your ILR application refused.

But do not focus on that - rather focus on the top two - they are almost impossible to get around:

you need long-term care to do everyday personal and household tasks
the care you need is not available or affordable in the country you live in

The presence of ANY family or ANY paid help will pretty much nullify the application.

M.

RickyBalboa · Post by **RickyBalboa** » Wed May 14, 2014 5:17 pm

MPH80 wrote:a) in theory the DWP would pick it up
and if they didn't then b) when you applied for the ILR at 5 years - it'd be spotted and your ILR application refused.

But do not focus on that - rather focus on the top two - they are almost impossible to get around:

you need long-term care to do everyday personal and household tasks
the care you need is not available or affordable in the country you live in
The presence of ANY family or ANY paid help will pretty much nullify the application.

M.

Thanks! Really helpful info. So the fact that she is a British Oversea Citizen Passport holder since birth, holds no value really?

Post by **MPH80** » Wed May 14, 2014 6:08 pm

Not in my understanding. She either has to qualify in her own right (which practically means a work or student visa) or as your dependant.

Zainjan22 · Post by **Zainjan22** » Wed May 14, 2014 7:40 pm

roobs wrote:hi

i was hoping you could advise. we are currently preparing to apply for settlement for my spouse from Pakistan to the Uk. On the relevant set of forms a section asks if there are any dependants. his sister depends on us in fact we were hoping to apply for her at the same time because parents have passed away and she relies on us for financial help and from siblings in the UK. do we apply for her at the same time or do we wait to see if my hubby gets his visa then apply? as i understand it would only be then that we could say she is totally alone?? please help. thanks

Shiftingsands · Post by **Shiftingsands** » Fri Jul 25, 2014 10:39 pm

Friends, can someone please advice if we have a chance of getting an ILR for my 69yo widow mother.

1) My wife and I are UK citizens and have lived in the UK since 2007. We pay taxes in the UK and donot claim any benefits.
2) My mother has been a house wife all her life and a widow since 1996 and has always lived with us while we were in India. Since we moved to UK, she spends around 6 months every year here and has a 5 years family visitor visa.
3) I have two younger married sisters who live in a different town with their in-laws' families, husband and children. They are also not very well off.
4) My mother lives in a house owned by me. She has no income or savings and is completely supported by me.
5) For the past 4 years, she has developed arthritis in her legs and is unable to walk even a few steps. We had recently had her assessed by the experts at Apollo Hospitals, who have recommended both knee replacements. However, due to her diabetes and hyper tension along with issues with her being overweight, the doctors prognosis is that the knee replacement may reduce the pain but will not make her walk much better.
6) She is claustrophobic and cannot use the lift to climb to our 2nd floor apartment in Delhi. Infact she has never used a lift.Therefore, climbing up the stairs is extremely painful given her medical condition. Due to this fact she is unable to go out to fetch the gorceries etc, nor is she able to get out of the apartment for a stroll or a sit on the park bench.
6) Above all, she lives alone and as is the norm in large cities, struggles to find good, reliable and long term help or support viz maids, au pairs etc.
7) With our financial situation now changing as also the fact that we intend to live all our lives in the UK, we would like to sell our house in Delhi to pay off the mortgage of our house in the UK. This would leave my mother without a roof over her head.
8 ) Points 5 and 6 above make it obvious that she needs long term care for her daily needs such as cooking, bathing, medicines, genaral care etc
9) We have a 4 bedroom comfortable house in the UK, with her own bedroom and en-suite bathroom on the ground floor.We donot require any state assistance. She will require medicines for diabetes and Hyper tension and we are willing to pay for them. We also intend to pay for the GP and other support services.

Do you think we stand a chance?

Many thanks in advance
S.

mkzp · Post by **mkzp** » Tue Aug 12, 2014 4:33 pm

I am in the same predicament for my mother who is also a widow and is 60 years old

Any help will be appreciated

sanky_001 · Post by **sanky_001** » Wed Aug 13, 2014 6:02 pm

Shiftingsands wrote:Friends, can someone please advice if we have a chance of getting an ILR for my 69yo widow mother.

1) My wife and I are UK citizens and have lived in the UK since 2007. We pay taxes in the UK and donot claim any benefits.
2) My mother has been a house wife all her life and a widow since 1996 and has always lived with us while we were in India. Since we moved to UK, she spends around 6 months every year here and has a 5 years family visitor visa.
3) I have two younger married sisters who live in a different town with their in-laws' families, husband and children. They are also not very well off.
4) My mother lives in a house owned by me. She has no income or savings and is completely supported by me.
5) For the past 4 years, she has developed arthritis in her legs and is unable to walk even a few steps. We had recently had her assessed by the experts at Apollo Hospitals, who have recommended both knee replacements. However, due to her diabetes and hyper tension along with issues with her being overweight, the doctors prognosis is that the knee replacement may reduce the pain but will not make her walk much better.
6) She is claustrophobic and cannot use the lift to climb to our 2nd floor apartment in Delhi. Infact she has never used a lift.Therefore, climbing up the stairs is extremely painful given her medical condition. Due to this fact she is unable to go out to fetch the gorceries etc, nor is she able to get out of the apartment for a stroll or a sit on the park bench.
6) Above all, she lives alone and as is the norm in large cities, struggles to find good, reliable and long term help or support viz maids, au pairs etc.
7) With our financial situation now changing as also the fact that we intend to live all our lives in the UK, we would like to sell our house in Delhi to pay off the mortgage of our house in the UK. This would leave my mother without a roof over her head.
8 ) Points 5 and 6 above make it obvious that she needs long term care for her daily needs such as cooking, bathing, medicines, genaral care etc
9) We have a 4 bedroom comfortable house in the UK, with her own bedroom and en-suite bathroom on the ground floor.We donot require any state assistance. She will require medicines for diabetes and Hyper tension and we are willing to pay for them. We also intend to pay for the GP and other support services.

Do you think we stand a chance?

Many thanks in advance
S.

hi Shiftingsands,

I have an elderly mom and in a similiar situation.

it is very diffficult to meet criteria for the new rules

if her settlement visa is refused, her existing visa will be cancelled and it will ruin her future visit

the best option is move to Ireland or any EU country, and bring her thru EEA Permit, this is my plan next year.

PM if u want further info..

good luck

mkzp · Post by **mkzp** » Thu Aug 14, 2014 1:55 pm

Hi Sanky,

Can you please pm me as i am interested in finding out more information regarding calling my mother to Ireland viaa eeu route

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