Dependent relatives - under the rules or outside the rules

[saminkhan]

Hi

I am on ILR with Nationality appliation already due. My parents and a brother are here in the UK on a visit visa. My dad is 73 and mum 65, both have health issues with mum having severe mobility issues as a result of arithritus. I send them money regularly and can financially support and accomodate them without any problem.

I have a brother who is 35 years old with Downs syndrome who is in care of my parents and it is really difficult for them now to take care of him because of their age and health especially my mum who has arithritus. He is also visiting me at the moment.

I havent seen my brother for a while and found out when he arrived that his health is really down as my parents are no loner in a condition to take care of him well and the country we are from there is nothing provided by the Govt. The area they live in we cant even get the support privately.

Now, I dont want them espcially my brother to go back and apply for all of them from back home and wait for ages before they could get a visa. I can take care of them all as i have other siblings here. At the same time they cant apply after 8 July as the rules will not allow them to apply under the rules. So the only solution is to apply now.

Although my parents qualify for the application under 317, my brother doesnt as he hasnt been living in his country 'alone' as the rules say. Secondly, they also have a chance of rejection due to in country application and as they have some current leave left, they may not get the right of appeal.

They wont be able to apply under discretionary leave after 8 july as mentioned in the transitional arrangements as well. Do you guys think that i should apply for my parents under 317 and my brother for discretionary leave or apply for all of them for discretionary leave?

Your comments will be highly appreciated.

Thanks

[Greenie]

When you say your brother hasn't been living alone do you mean because he has been living with your parents?

[saminkhan]

Yes, which is required as per the wording in rule 317

[Greenie]

Yes, which is required as per the wording in rule 317

this is addressed in the following case, (see para 11)

http://www.bailii.org/ew/cases/EWCA/Civ/2012/331.html


although a slightly different point, essentially you would argue that the decision maker would have to consider the case as if your brother currently was in your country of origin AND your parents have been granted leave to remain in the UK (essentially his application can only suceed if theirs do) and therefore he was living alone outside the UK.

[saminkhan]

Thanks Greenie. It means they can apply within the rules but can also add a bit about discretionary leave as well in the application.

As their visit visa remaining for another few months, is it 100% that they wont get an appeal if the application is not successful?

[Greenie]

I didn't say anything about discretionary leave. If they still have leave when the decision is made they won't get a right of appeal.

[geriatrix]

Hi

I am planning to apply for my parents and disabled brother under old rules for elderly dependant relatives. My family includes myself, my wife and a young daughter. Can you please check the income requirement for me;

111.45 My family income support rate
17.40 Family premium
64.99 Child element
111.45 My parents income support rate
106.45 Family premium for pensioners (My parents)
71.00 Single person income support rate
-----------------------------------------------------------
482.74

My parents are currently living in my house back home and have a pension as well. If they live with me we will have rental income for the property back home as well as they pension. Can i include both of these amounts to meet the above costs.

Finally, does child benefit of £80 fit anywhere above.

Thanks

My parents are currently living in my house back home and have a pension as well.

Have you looked at the requirements for this category or had a professional comment on the merit of these applications? At 1850 pounds per application, you could be wasting a lot of money here.

[saminkhan]

My parents have a pension income of equivalent to £200 and my house back home can be rented at around £100 per month. I have got a letter from the local letting agency confirming the expected letting value. If my parents are living me here, the house will be available for let.

Can i include any of these amounts in the income calculations.

Any comments on the income support level income required will be appreciated.

Thanks