Older dependent relatives

[vinny]

*Update New Appendix Adult Dependent Relative immigration rules

*Update: Call for evidence

Rules: Adult dependent relatives
Guidance: Adult dependent relatives
Application: Elderly dependent relatives

Out with the old.... > see also Lord Avebury's comment > Difficult - Adult dependent relatives: review

Parliament Committee Report on New Family Rules and Westminster Debate

Immigration Restrictions Condemn Elderly Parents to Lonely Twilight Years.

Care requirement.

Alternative?

JCWI Survey

Also, see the JCWI report on Adult Dependant Relatives visas

http://www.jcwi.org.uk/sites/default/fi ... report.pdf

Some cases:

HU075912015 [2018] UKAITUR HU075912015 (10 May 2018)
Article 8 and ADRs: The End of the Line? > Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611 (27 March 2018)
Court of Appeal dismisses Article 8 challenge to ADR rules > BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017)
Court of Appeal reaffirms position on adult dependent relatives > Butt v Secretary of State for the Home Department [2017] EWCA Civ 184 (28 March 2017).
High Court finds Adult Dependent Relative rule lawful but opens door to individual challenges > Britcits, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 956 (Admin) (20 April 2016)
Presidential guidance on errors of law and proportionality > Dasgupta (error of law - proportionality - correct approach) [2016] UKUT 28 (IAC) (11 December 2015)
PG (USA) v The Secretary of State for the Home Department [2015] EWCA Civ 118 (26 February 2015)
OA181182013 [2015] UKAITUR OA181182013 (12 February 2015)
IA126912014 [2015] UKAITUR IA126912014 (5 February 2015)
OA171922013 & OA171932013 [2015] UKAITUR OA171922013 (30 January 2015)
OA198902013 [2014] UKAITUR OA198902013 (3 December 2014) (successful)
OA197922013 [2014] UKAITUR OA197922013 (1 December 2014) (successful)
IA507072013 [2014] UKAITUR IA507072013 (11 November 2014) (317 transitional)
OA087142013 & OA087082013 [2014] UKAITUR OA087142013 (11 November 2014) (successful)
OA143442013 & OA143452013 [2014] UKAITUR OA143442013 (7 November 2014) (ex-Gurkha adult children successful)
OA160092013 [2014] UKAITUR OA160092013 (9 October 2014)
OA087952013 [2014] UKAITUR OA087952013 (8 October 2014)
OA156132013 [2014] UKAITUR OA156132013 (6 October 2014) (ex-Gurkha adult children successful)

Other dependent relatives > Mohamed v Secretary of State for the Home Department [2012] EWCA Civ 331 (20 March 2012)
AAO v Entry Clearance Officer [2011] EWCA Civ 840 (22 July 2011)
Patel, Modha & Odedra v Entry Clearance Officer (Mumbai) [2010] EWCA Civ 17 (25 January 2010
Older dependent relatives > ZB (Pakistan) v Secretary of State for the Home Department [2009] EWCA Civ 834 (30 July 2009)
MB (Somalia) v Entry Clearance Officer [2008] EWCA Civ 102 (20 February 2008)

[Day1n2]

Hi,

I am hoping to apply for dependant visa for my mother in the next few months time. She lives alone in india since my sister got married. My sister and I live with our respective spouses in the UK. My husband is a british citizen and i have now acquired the citizenship too. I am hoping that my mom can emigrate to the Uk and live with me (majority) and with my sister and her husband (for a couple of months in a year may be). My mother gets a decent pension and lives by herself. Even though i send her money ocassionaly she is not entirely financially dependant on me. I would now like her to move here and live with in the UK as there is nithing much there for her anymore. I am unsure if her visa will get approved as she is not financially dependant on us. But we miss her so much and she misses us too... Please advise if there is anything we can do to get a visa approved for her. Thanks

[Day1n2]

Thanks a lot of the detailed information. However having read that i am a little concerned by one of the points- the guidance sys that they would not accept joint sponsors - i ws hoping that my husband and i could both act as sponsors. My husbands earns a lot more than me and a lot of the assets ( proof of funds avlbl to us) are in his name. BUt I have been making funds transfer to my mom from my bank a/c( so proof of sending funds will be from me)... I understand that the HO is trying to rule out sponsorship by two or more relatives. So will the home office rule out even join sponsorship from me and my husband. Any guidance on this would be much appreciated. thank you.

[vinny]

See also 3rd party support judgment - third party and joint sponsorship permitted.

[blueskyes]

Hello vinny

If possible can you please advise if my parents have a good chance of obtaining settlement visa from India as elderly dependants.

My father is 75 and my mother will be 65 in April 2010, I wish to apply before the fees go up.
My self and my brother are both settled in the UK. my brother is a UK citizen and I have ILR. My parents do not have any other children and live together in Mumbai, India. They both have siblings but they all live in other states of India and are not in close touch, due to their own family and work commitments.
My father owns the flat in which my parents live and he has a pension, but that isnt enough for the living cost, hence me and my brother both send money every month and we have the receipts to prove it.

My brother is self employed and I am in full time employment. We both own our houses and I will be the main sponsor as I am single and have no dependents. Hence accomodation and access to public fund should not be an issue as I will sign the sponsor declaration form. My income is almost 48K annual. And my house is a three bedroom bungalow specifically bought with keeping my parents in mind.

My only concern is that my father has a pension, but we can prove that it is is not sufficent and we have proof of money sent by me and my brother.

Are there any chances they will be approved?

Any feedback will be greatly appreciated.

Thanks

[imur69er]

Help needed!

I have recently got ILR (Indefinite Visa - Permenant Residence) and reside in UK.

My mother and my wife are applying for Settlement/Spouse Visa from Pakistan. PS Note my mother is a WIDOWED but less than 65 age.

Is there a possibility for my mother and wife to apply directly for a settlement visa or does it only has to be a spouse visa application?

My Mother and my wife recently got UK Visit Visa from Pakistan, my wife is with me in UK these days but my mother could not travel due to her existing sickness (her brother is taking care of her while my wife here).

Can this be a plus point for their application as they already has UK Visit Visa and their file/case would have been already in the UK High Commissions/Home Offices database?

As far as I think are the following documents sufficent?

1) My Bank Statement of last 1 year
2) My Pay slips for last 3 months
3) My employment letter from my company
4) Tenancy Agreement
5) My Visa and Passport copy (does it has to be certified by a solicitor? just the visa copy and the main details page or every single page of the passport - which doesnt seems to be sensible?)
6) Copies of my mother's and my wife's UK Visit visa
7) Their Individual Bank Statements

The only communication which we had were EMAILS and FEW PHONE CALLS (direct from the LYCA mobile - cant get bills as its pay as u go)

What other documents would be important to send?

Please response back at your earliest as replies to this would be realy helpful to other members like me.

[hamidhsn]

Hi Imu, I have same situation like you, am on ILR and would like to bring my parents from Pakistan. Have you applied for your spouse/dependent. Can you share your experience so far.

I have following queries and will appreciate if u ppl will help me out:
1- What is the fee of ILR dependent from Pakistan. Is this fee for each dependent (Father, Mother) or for both.
2- Appox how much time will it take to get visa
3- Does applying for dependent make any difference/problem in applying myself for citizenship which is due in Sept 2010.

Regards
Hassan

Help needed!

I have recently got ILR (Indefinite Visa - Permenant Residence) and reside in UK.

My mother and my wife are applying for Settlement/Spouse Visa from Pakistan. PS Note my mother is a WIDOWED but less than 65 age.

Is there a possibility for my mother and wife to apply directly for a settlement visa or does it only has to be a spouse visa application?

My Mother and my wife recently got UK Visit Visa from Pakistan, my wife is with me in UK these days but my mother could not travel due to her existing sickness (her brother is taking care of her while my wife here).

Can this be a plus point for their application as they already has UK Visit Visa and their file/case would have been already in the UK High Commissions/Home Offices database?

As far as I think are the following documents sufficent?

1) My Bank Statement of last 1 year
2) My Pay slips for last 3 months
3) My employment letter from my company
4) Tenancy Agreement
5) My Visa and Passport copy (does it has to be certified by a solicitor? just the visa copy and the main details page or every single page of the passport - which doesnt seems to be sensible?)
6) Copies of my mother's and my wife's UK Visit visa
7) Their Individual Bank Statements

The only communication which we had were EMAILS and FEW PHONE CALLS (direct from the LYCA mobile - cant get bills as its pay as u go)

What other documents would be important to send?

Please response back at your earliest as replies to this would be realy helpful to other members like me.

[kamalin10]

Can anybody clarify if parent can apply from within the UK while on family visit visa? And if not, what visa would they have to be on to be able to do that?

UKBA site says:
“If you are already in the UK and you want to apply to settle here as a settled person's elderly dependent relative, you should complete application form SET(F).â€

[vinny]

They may refuse under 322(7) because of 41(i) & (ii), unless there was a relevant change of circumstances.

[kamalin10]

Thanks vinny
I guess it will be pointless argue with HO that getting family reunion visa while on family visit visa does actually make sense
Anyway, what type of visa would they have to be on to apply from inside the UK?

[vika1979]

hi, when i get myILR in a year and I would like to bring my 73 year old mother as a dependant. the problem there will be that she has 2 other children living in russia . they do not support her and as a understand i will have to prove that . can you please advise me what sort of supporting documents i can start preparing for the successful application. also, what sort of things i need to do to show that she is my dependant. i pay for her stays with me when she comes to visit me, i open a joint bank account where my salary is paid. so what else can help to prove that she is totally dependant on me? thanks

[lamaha]

Hello! My situation is a little different... I find it strange that they specify that the older relative must be widowed!
I've read this over and over again and they even underline the bit about being widowed. This is very strange. What if the mother was never married, or is divorced?

My mother, who is now 93, is not widowed. She is divorced. She and my dad divorced when I was 3 -- I am assuming that counts as widowed!

My mother has no other children, and no other relatives at all in Guyana. She has lived alone all her life, and until recently has taken very good care of herself -- he mind is as sharp as anything! We have not seen each other for about 4 years.
Today I got a letter from a friend which made me very anxious. My mother is no longer doing well. She says she does not want to die in Guyana; I'm thinking she just wants to be among family, that's me and my two adult children.

The problem is, I have not been supporting her in the past. She has a house which she rents out, and just manages to live from the rent. She lives in her own home. I am willing to support her when she comes to the UK.

So the problem is not so much financial support, but support in daily living. My mother has not had a sick day in her life but it's not right that an old woman should live alone, far from her only relatives, and have strangers look after her. That's the reason I want her here.

Do you think she will have problems getting the visa?

[karsaai]

Hi,
I'm a Permanent resident and would like to bring my parents to live in UK. My parents are dependent on me and I send them money through Western Union. Kindly let me know what documents needs to be submitted along with application form.

Thanks.

[vinny]

Hello! My situation is a little different... I find it strange that they specify that the older relative must be widowed!
I've read this over and over again and they even underline the bit about being widowed. This is very strange. What if the mother was never married, or is divorced?

My mother, who is now 93, is not widowed. She is divorced. She and my dad divorced when I was 3 -- I am assuming that counts as widowed!

See also MB (Somalia) v Entry Clearance Officer [2008] EWCA Civ 102 (20 February 2008).

[ferrarilondon]

do the parents need to take LIUK or ESOL? if they are below 65

[ferrarilondon]

any answers to my questions please, basically my cousion applied ILR for his mum below 65. they sent it few days ago without LIUK. now some one told him that Life in UK was must>?

[bluewater]

wonder if someone can help..I am thinking of applying settlement visa for my parents as i am a UK national. One of them is above 65yrs and they are financially dependant on me since years which I have proof of.

Can anyone tell me what form I need to use and the application fee of £1814 applies for both of them or its separate for each of them?

Thanks

[roobs]

hi

i was hoping you could advise. we are currently preparing to apply for settlement for my spouse from Pakistan to the Uk. On the relevant set of forms a section asks if there are any dependants. his sister depends on us in fact we were hoping to apply for her at the same time because parents have passed away and she relies on us for financial help and from siblings in the UK. do we apply for her at the same time or do we wait to see if my hubby gets his visa then apply? as i understand it would only be then that we could say she is totally alone?? please help. thanks

[vinny]

wonder if someone can help..I am thinking of applying settlement visa for my parents as i am a UK national. One of them is above 65yrs and they are financially dependant on me since years which I have proof of.

Can anyone tell me what form I need to use and the application fee of £1814 applies for both of them or its separate for each of them?

Thanks

Form depends on applicant's location.

[vinny]

hi

i was hoping you could advise. we are currently preparing to apply for settlement for my spouse from Pakistan to the Uk. On the relevant set of forms a section asks if there are any dependants. his sister depends on us in fact we were hoping to apply for her at the same time because parents have passed away and she relies on us for financial help and from siblings in the UK. do we apply for her at the same time or do we wait to see if my hubby gets his visa then apply? as i understand it would only be then that we could say she is totally alone?? please help. thanks

Husband requires ILR.

[lamaha]

Hi Vinny,
thanks for replying and sorry it took so long; I did not know that anyone had replied.

I tried to read the link you posted, but unfortunately I am not very good at interpreting "legalese". Am I to understand that "widowed" can include "divorced" or even "never married"?

My mother is 93. The main reason for bringing her over is actually "exceptional compassionate circumstances". There are no adequate care homes in my country and she needs her family. She has no other relatives in the world except us, her daughter and grandchildren, all EU citizens permanently settled in the UK.

Thanks again!
lamaha

Hello! My situation is a little different... I find it strange that they specify that the older relative must be widowed!
I've read this over and over again and they even underline the bit about being widowed. This is very strange. What if the mother was never married, or is divorced?

My mother, who is now 93, is not widowed. She is divorced. She and my dad divorced when I was 3 -- I am assuming that counts as widowed!

See also MB (Somalia) v Entry Clearance Officer [2008] EWCA Civ 102 (20 February 2008).

[lamaha]

Regarding my question re "divorced mother" I dug a little deeper thanks to the the article posted by Vinny, and found the following; which is quoted in the article:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

DEPENDENT RELATIVES
PARENTS AND GRANDPARENTS
1. INTRODUCTION
The requirements of paragraphs 317 - 319 must be met in all cases including the maintenance and accommodation requirements. For further guidance see IDI chapter 8, Section 1 Annex F - maintenance and accommodation. In addition to the normal requirements applicants seeking leave to enter or remain under the provisions of paragraph 317(i) (e) and 319V (i) (e) must additionally be living alone in the most exceptional compassionate circumstances.
Widowed, single, separated or divorced parents of any age may also be considered under paragraph 317 and and 319V also parents travelling together who are both under 65.

[lamaha]

Today, I called this immigration website http://www.ukvisaandimmigration.co.uk/what-we-do.php
and spoke to an advisor, describing my case in detail. She said that as I am a EU citizen I would only have to pay £800 for my mother to come over, whereas as a British citizen it would be £1800. ANyone know anything about this ruling? I have never heard of it before! I was about to apply for British Citizenship now specifically because I thought it would stregthen my case to bring my mother to this country.

[lamaha]

Today, I called this immigration website http://www.ukvisaandimmigration.co.uk/what-we-do.php
and spoke to an advisor, describing my case in detail. She said that as I am a EU citizen I would only have to pay £800 for my mother to come over, whereas as a British citizen it would be £1800. ANyone know anything about this ruling? I have never heard of it before! I was about to apply for British Citizenship now specifically because I thought it would stregthen my case to bring my mother to this country.

Correction: that £800 is actually the soliciotr's fee charged by that website. In fact, my mother would not have to pay for a visa at all! It is all in the following document. I find it strange that it is far easier to bring her here as a non-British EU citizen, than if I were British!

[Alvyn]

I am in a precarious situation and would appreciate if anyone can help me. My mother has been suffering from her leg over the past years. Last week, she fell over and was taken to hospital. The doctor has now advised that she need permanent assistance as she is now partly disabled with one leg. My mother lives on her own and there is no one to look after her there. My sisters are married and lives in India and due to their financial and personal circumstances, moving with them are not an option for my mum. My mum is under 65 years old and has no knowledge of English. I previously made a visitor visa application which was refused on the basis that she does not have enough ties in India.


It is quite unsettling that I am not able to help my mum in this situation and would like to bring my mum as a dependant here (I am British Citizen). However, I would like to know the chances of such application and would like to seek professional advice to help me with this application. Can anyone please help and advice on my chances and appropriate professional immigration advisers to speak to?