Query

[wittyguy]

Hi,
I have questions regarding my Dad's residency in the UK.

My mom is a British Citizen and she is around 64 years old. (British Passport holder) born in Port of Aden and living in the UK.

My Dad is born and brought up in India and is married since last 35 years. He holds the tourist visa in the UK. He is around 70 years of age.

However I need to check if my Dad can get permanant residency in the UK on account of my moms citizenship in the UK.

If so what visa he needs to apply for and what form he has to apply in and the documents he needs to submit.

Thanx in advance for your help.

Ravi

[vinny]

I think that he may apply for a spouse (13.5) visa. If successful, he may be granted ILE (13.16).

See also Chapter 8 - Family members and Chapter 8 - Family members annexes for this, and other options.

[wittyguy]

Hi Vinny,

Thanx for the reply. My mom and Dad were married in India 35 years before as per Indian Marriage Act. Most of their married life was in India. My mom has been holding British Passport since 2003 now. She lives with me and I tae care of her lodging boarding and all the other expenses. I am Indian Passport holder and on work permit in the UK. My mom's only source of income is the pension she receives from the Govt. However I am capable to sponsor my Dad and they would be living in my house.
My question here is that in the given scenario, are there any chances of rejection.

My Dad plans to apply for the Settlement visa and would attach the following documents:

-Settlement Visa application form
-Original Marriage Certificate of Mom & Dad
-My Moms Bank Statement in the UK (Sponsor)
-My Bank Statement in the UK (Sponsor)
-My sponsorship Letter
-Copy of my tenancy agreement where my parents would live with me
-Work Permit Copy of my self and British Passport copy of my mom which proves the settlement plans

Please guide if the same is enough and can he get entry for 2 years to start with.

Thanx in advance for your help

Cheers,
Ravi

[vinny]

I fear that they may refuse because you, and not your mother, are sponsoring your father.

Members of the couple’s families in the UK may offer to maintain the couple adequately until they can do so from their own resources. This is acceptable in the case of fiancé(e)s/proposed civil partners who are not permitted to work until the marriage/civil partnership. However, for spouses or civil partners, such an arrangement would not satisfy the Rules, which require the couple to maintain themselves. Nevertheless, it may be appropriate in certain circumstances to exercise discretion for a spouse or civil partner where it is clear that such an arrangement will be for a limited period and that the couple will be in a position to maintain themselves shortly after the applicant’s arrival in the UK.

The alternative may be to wait until you have ILR and apply under Chapter 15 Entry for settlement: parents, grandparents, other dependent relatives.