Post
by MPH80 » Tue Jul 01, 2014 5:12 pm
The requirement isn't really as described - nor would it be a requirement for you to go and live with them.
HOWEVER, the requirement IS that they have to be disabled or ill such that they require assistance performing everyday tasks such as washing and dressing - which means - they should already have help to do these tasks.
So you then have to prove: a) You can take care of them without recourse to public funds for 5 years, b) the help in their other country cannot continue - and no one else can take over - and c) you cannot afford to pay for new help.
The problem here is that a) and c) are mutually contradictory. If you can look after them in the UK - you can, in almost every other country in the world (save maybe the US/Japan/other really expensive countries), afford to pay for help.
Oh - and if you apply for the settlement visa - you rule out any future visitor visas (given you've declared an intention for them to settle in the UK). So if you fail, you'll have to travel to see them anyway.
Since you are on ILR rather than as a british citizen - the Surinder Singh route is not open to you. If you decided to become a BC - then you could consider relocating your life to a 3rd party European country - taking up work there and bringing them as your dependants. Once you'd lived there for a reasonable amount of time (6-12 months minimum) - you could return with them to the UK under EU rules. But you should be aware that this type of application is now scrutinised heavily for this kind of 'abuse' (as the home office see it).
So - no - I don't think there's a way out as it stands.
Anecdotally - we've been told there's only been one successful application since July 2012 in this category. While I find that number hard to believe - given the catch 22 type requirements - it wouldn't completely surprise me.
Other options:
1) Return to their country to look after them permanently
2) Bring them on visit visas for short visits.
3) Find a 3rd country which might be more accepting.
