How can I apply for my Mum's visa?

[extrovert]

Hi

I had a student visa from May 2004 to June 2007. I got married to British citizen and spouse visa was given for 2 years in Feburary 2007 which is valid till January 2009. Me and my wife are working full time and paying taxes. My mum is 68 and she has 5 years multiple UK visitor visa valid till 2011. The problem is that she has to go back within six month she enters in UK and this costs a lot of money in shape of flight fares and insurances. she is dependant on me being elderly.

I wonder if someone can tell how can we solve this problem and my mum can stay with us without any restrictions like to go back within 6 months.

Regards

[avjones]

Where is your mother from? Where does her income come from, is it all from you? What about other relatives, your brothers or sisters, etc?

[extrovert]

My mum is Pakistani National and she does not need my financial support from me as she is well off and have enough funds. I have one brother and he is studying.
If its not possible that she can stay here longer than six months as she has five years visitor visa can she go to any other country and come back to UK rather than going back to Pakistan.

Regards

[vinny]

See also Chapter 19 Retired persons of independent means

[extrovert]

Thanks very so much for your help. Your replies has been very helpfull in all my questions. My mum has an income of £12K per annum not £25K and she owns property worth of £150000. Is it worth applying for the visa you recomended for retired people or we can go for any other option.

Cheers

[avjones]

My mum is Pakistani National and she does not need my financial support from me as she is well off and have enough funds. I have one brother and he is studying.
If its not possible that she can stay here longer than six months as she has five years visitor visa can she go to any other country and come back to UK rather than going back to Pakistan.

Regards

Under the Immigration Rules, there are two possible routes. The first is Rule 317, elderly dependent relatives.:

Requirements for indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom

317. The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:

(i) is related to a person present and settled in the United Kingdom in one of the following ways:

(a) mother or grandmother who is a widow aged 65 years or over; or [rest of "ors" deleted as not relevant]


(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and

(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and

(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and

(v) has no other close relatives in his own country to whom he could turn for financial support; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

So she doesn't qualify under that, as she isn't financially dependent on you, and has another son in any event.

The other possibility is the retired persons of independent means:

Requirements for leave to enter the United Kingdom as a retired person of independent means

263. The requirements to be met by a person seeking leave to enter the United Kingdom as a retired person of independent means are that he:

(i) is at least 60 years old; and

(ii) has under his control and disposable in the United Kingdom an income of his own of not less than £25,000 per annum; and

(iii) is able and willing to maintain and accommodate himself and any dependants indefinitely in the United Kingdom from his own resources with no assistance from any other person and without taking employment or having recourse to public funds; and

(iv) can demonstrate a close connection with the United Kingdom; and

(v) intends to make the United Kingdom his main home; and

(vi) holds a valid United Kingdom entry clearance for entry in this capacity.


Does she have an income of not less than £25,000 per year?

As for your other question, as a visitor, she shouldn't be spending more than 6 months per calender year in the UK, as a general rule. Otherwise she isn't in any real sense a "visitor".

[INSIDER]

I think any application under RULE 317 would be bound to fail as Extrovert currently has only limited leave to remain and not settled status.

[avjones]

Yes, he needs to get his ILR in a year or so first.

[extrovert]

Can my mum come to UK and stay for more than six months in a year but not consecutively before I get the ILR?

Kind regards

[avjones]

Short answer - no.

[vinny]

Thanks very so much for your help. Your replies has been very helpfull in all my questions. My mum has an income of £12K per annum not £25K and she owns property worth of £150000. Is it worth applying for the visa you recomended for retired people or we can go for any other option.

Cheers

See also 19.4 - How income is defined. They may take her property's value into consideration. Can she also obtain any rental income from it while she is in the UK?