Settlement visa for widowed mother-in-law over 65 yrs

[neerajagarwal72]

Hi,

I live in the UK with my wife and two children. My visa status is ILR. My father-in-law passed away about a month ago in India. We now would like to bring my mother-in-law(MIL) to stay with us as she is all alone. My wife does not have any siblings. My MIL is over 65 years of age, has a house (which was in my FIL's name but would now legally belong to her and my wife) and draws a pension but does not have anyone else to look after her. The pension of course would not be enough to get by, so we've now started sending her some money starting this month. She will be applying for the visa in June as she is planning to join us in August. I would be grateful if someone could answer the following queries:

1. Since my wife is not working at the moment, is there some way I can support the application or be a joint sponsor?

2. Could the fact that she is getting a pension be in any way a deterrent in trying to prove that she is financially dependent on us? She is getting a pension of Rs.10,000 (~£130) per month. Does it suffice for me to send £200 or should I send more to prove that she is mainly dependent on us for money? Also would it be acceptable that we would have sent her the money for only 3 months by the time she applies for the visa? (of course she didn't need it until my FIL was alive)

3. Is this a straight forward case or are there other issues that I need to consider while making the application?

Thanks in advance for your help.

[Lucapooka]

You say that you have ILR but what is the status of your wife (the actual mother and sponsor)?

It appears from the very little information you have provided that she does not qualify for settlement. Speak to an immigration lawyer, giving the full details of her situation (rather than the few snippets you have mentioned here). A good professional should be able to tell you immediately if her situation has any merit with regard to a settlement application.

[neerajagarwal72]

Lucapooka,

Thanks for your response. My wife has an ILR too.

What in your opinion would be the main reason for my MIL not qualifying for settlement?

We have adequate accommodation and the means to support her once she joins us. Also my MIL does not have any other close relative back in India who could take care of her. So, where exactly could be the problem? Is it because she is drawing a pension and has a house, or could there be other reasons?

[Lucapooka]

What in your opinion would be the main reason for my MIL not qualifying for settlement?

Well because she's a low-consuming pensioner with her own house and has a monthly income that is equal to a local staff nurse salary (and in addition to this she also has your generous remittances from the UK). Just because her income is considered low by UK standards does not mean that she has to move to the UK. That's what people live on in that part of the world. 65 is not very old (most people work well beyond this age in India) and you make no mention of her being frail or ill. This is the kind of argument that the UKBA will throw at you so please don't think I personally am trying to put hurdles in your path.

Take proper advice with this because an application that has no merit may kill off any chances of her getting a visit visa.

[geriatrix]

My 68 years old widowed mother-in-law is applying for a settlement visa to the UK under the elderly dependent relative of persons settled in the UK category. As my wife, i.e. the applicant's daughter is currently unemployed, can I be the main sponsor? Please advise.

[geriatrix]

Yes as you have previously stated that your wife has ILR.