Immigration as family member

[Saadia]

Hi,
My parents have ILR (their nationality is due in 2016) and I am living in UK as Tier 4 students. Both of my parents are above 65, they are suffering multiple illnesses and both are registered disabled.

I look after them on daily basis. Can I submit FLR as a family member. Thanks.

[Wanderer]

Hi,
My parents have ILR (their nationality is due in 2016) and I am living in UK as Tier 4 students. Both of my parents are above 65, they are suffering multiple illnesses and both are registered disabled.

I look after them on daily basis. Can I submit FLR as a family member. Thanks.

No.

[secret.simon]

You might be able to apply for a derivative residence card.

To apply, you would have to prove that you are a primary carer for

a British dependent adult who’d have to leave the EEA if you left the UK

So, you would have to prove that your parents would have to leave the UK if you had to leave.

Also, the website includes the rather cryptic statement;

You can’t get a derivative residence card if you have permission to reside in the UK for another reason

Does that mean that you can not switch from being a student to being a carer? Yet, you can only apply for this card if you are already in the UK.

This seems to be a card under EU law and so costs only £65. I would suggest that you apply for it and keep us posted about whether you get it or not.

I have no experience of applying for this card and am advising based on information on the gov.uk website.

[secret.simon]

My parents have ILR (their nationality is due in 2016)

On what basis did they get their ILR and their citizenship?

Once they are British citizens, they could get you into the UK on the Surinder Singh route (where they move to another EU country for about 3-6 months to exercise treaty rights and invite you over).

[Wanderer]

You might be able to apply for a derivative residence card.

To apply, you would have to prove that you are a primary carer for

a British dependent adult who’d have to leave the EEA if you left the UK

So, you would have to prove that your parents would have to leave the UK if you had to leave.

Also, the website includes the rather cryptic statement;

You can’t get a derivative residence card if you have permission to reside in the UK for another reason

Does that mean that you can not switch from being a student to being a carer? Yet, you can only apply for this card if you are already in the UK.

This seems to be a card under EU law and so costs only £65. I would suggest that you apply for it and keep us posted about whether you get it or not.

I have no experience of applying for this card and am advising based on information on the gov.uk website.

I didn't know about that one lol!!

[secret.simon]

I have no experience of applying for this card and am advising based on information on the gov.uk website.

I didn't know about that one lol!!

GIYF really. That is why the disclaimer about not knowing about it in depth. Just starting a conversation about it.

[Casa]

Without wanting to be the one to be the bearer of bad news, as your parents are over 65, and are suffering multiple illnesses and registered disabled, even once (and if) they obtain British citizenship the Surinder Singh route wouldn't be suitable. This is due to the fact that they would have to be your sponsors and show that they had 'moved the centre of their lives' to the EU state by showing employment, amongst other conditions. .

[Saadia]

Thanks everyone for the kind responses.

I intend to apply discretionary leave (FLR(O)). I am here for 5 years, passed postgraduate degree and have strong family connection.