In-Laws

[kjr1605]

Hello I have a few questions and I am hoping someone can help me out. I am a British citizen (I was born here) I had my Daughter in the USA so she has both an American and British passport. My step son and Husband both have an Indefinite leave to remain visa and we have been back in the UK for 9 years now.

My mother in law (who is an American citizen) who is here visiting for a couple of weeks asked me what she would have to do to move here? Is it possible she could? If so what Visa would she need? The other problem is My Mother in Law has a long term boyfriend (they are not married and he is not related to any of us apart from just being with my Mother-in-law for over 15 years) would he be able to apply for a visa? Both of them are elderly (My Mother-in-law is 61 and her boyfriend is 71)

Thanks in advance

[Casa]

The route to settlement for elderly dependent relatives has been virtually closed. In order to succeed your mother would have to show that she needs daily care with washing, dressing and feeding and that the care is either not available in her home country, or not affordable.
There is even less opportunity for her boyfriend to settle here.
Also bear in mind that if you should decide take a chance and pay the high ADR visa fee, if the application is refused your mother would lose the right to obtain visitor visas in the future, due to the desire to settle.

[secret.simon]

As Casa has pointed out, Adult Dependent Relative (ADR) visas are practically impossible to get.

In order to succeed your mother would have to show that she needs daily care with washing, dressing and feeding and that the care is either not available in her home country, or not affordable.

However, because of the cost of living and care (especially health and social care) in the US, it is easier to meet the second part of the requirement.

You may wish to look at the Surinder Singh route,which will involve uprooting your entire family to another EU country and moving the centre of your life there, but then your mother-in-law could come in to the UK and stay under EU law. That is one of the things that David Cameron is trying to negotiate away in the negotiations, so you may wish to hurry.

It is a stretch and I am not entirely certain, but your mother-in-law's long-term partner could also accompany her and you if you go through the Surinder Singh route. EU law places a higher premium on the sanctity of the family unit than UK law.

[kjr1605]

Thank you so much, I thought it would be difficult but I didnt realize how difficult. Thanks again

Kelly