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PR holder inviting parents to the UK

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Rik 2
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PR holder inviting parents to the UK

Post by Rik 2 » Sun Apr 23, 2017 10:08 am

I retained my right of retention after divorce and went on to obtain a permanent residence. Am I under Eu law or Uk law?
Can I bring my parents to the Ukunder EU law?
Please help.

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CR001
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Re: PR holder inviting parents to the UK

Post by CR001 » Sun Apr 23, 2017 1:24 pm

If you are a non-EU citizen, then you are under the UK Immigration law NO the EU laws.

You would only have been able to bring your parents under EU Law if you were still married to your EU spouse.
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Casa
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Re: PR holder inviting parents to the UK

Post by Casa » Sun Apr 23, 2017 2:28 pm

When you say 'bring your parents', do you mean to settle or to visit :?:
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Rik 2
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Re: PR holder inviting parents to the UK

Post by Rik 2 » Sun Apr 23, 2017 3:08 pm

Thank you all for your swift replies . I would want her to visit me . However , I would want her to live here if there is a chance. Thank you.

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Casa
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Re: PR holder inviting parents to the UK

Post by Casa » Sun Apr 23, 2017 3:36 pm

Virtually impossible to obtain an elderly dependent visa since the change to the Immigration Rules in July 2012. In order to settle in the UK both of your parents would have to show that they required daily help in basic tasks such as dressing, bathing and preparing food etc. Also that care must either not be available in their home country or is unaffordable.

If they apply for an ADR visa and are refused, all visitor visa applications in the future will be refused due to their prior intention to settle in the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: PR holder inviting parents to the UK

Post by secret.simon » Mon Apr 24, 2017 12:03 pm

Rik 2 wrote:I retained my right of retention after divorce and went on to obtain a permanent residence. Am I under Eu law or Uk law?
Article 13 of the Directive 2004/38/EC specifically provides that a family member who retains right of residence after a divorce specifically does so on a purely personal basis only.

So, while your PR is issued under EU law, you can not sponsor any family members under EU law. Any application by your family members would have to be under UK law.

CR001 has already provided correct advice regarding the difficulty of obtaining Adult Dependent Relative visas for your parent to move to the UK. Visit visas are possible, but keep the visits short and sweet (4-6 weeks at the most). Otherwise future visit visas may be denied.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Casa
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Re: PR holder inviting parents to the UK

Post by Casa » Mon Apr 24, 2017 12:30 pm

secret.simon wrote:
Rik 2 wrote:I retained my right of retention after divorce and went on to obtain a permanent residence. Am I under Eu law or Uk law?
Article 13 of the Directive 2004/38/EC specifically provides that a family member who retains right of residence after a divorce specifically does so on a purely personal basis only.

So, while your PR is issued under EU law, you can not sponsor any family members under EU law. Any application by your family members would have to be under UK law.

CR001 has already provided correct advice regarding the difficulty of obtaining Adult Dependent Relative visas for your parent to move to the UK. Visit visas are possible, but keep the visits short and sweet (4-6 weeks at the most). Otherwise future visit visas may be denied. Casa, not CR001 :wink:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: PR holder inviting parents to the UK

Post by secret.simon » Mon Apr 24, 2017 1:33 pm

Casa wrote:Casa, not CR001 :D
Apologies. :oops: :oops:
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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CR001
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Re: PR holder inviting parents to the UK

Post by CR001 » Mon Apr 24, 2017 1:34 pm

secret.simon wrote:
Casa wrote:Casa, not CR001 :D
Apologies. :oops: :oops:
:lol: :lol:
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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