Visa application for Mother

[olideb]

I am a British Citizen married to a German National. My mother has a South African passport and is presently residing with my brother in USA. She applied for a visa to reside with us in the UK in 2008, this was declined with an explanation that if she was 65 years of age and totally dependent on us.

Will she be able to reapply as she is now 65 years of age and will be entirely be supported by us should she be given permission to live in the UK?

[Lucapooka]

No, not under the new rules. You are referring to old, redundant legislation. Now, even being over 65 and dependant would not qualify her for settlement as you can easily send her money, she is fit and healthy, and she lives with her brother. If she did not live with your brother and were sufficiently incapacitated that she needed assistance in her daily life, she could hire a home help with the money you send. It's really as simple as that.

To qualify she would need to be:

unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where she is living, because-
(a) it is not available and there is no person in that country who can reasonably provide it; or
(b) it is not affordable.

[olideb]

Is there anybody else who might have further details on my query?

[MPH80]

What else do you want to know - what Luca has written is the current advice.

[Lucapooka]

The immigration rules that I have cited were only introduced on July 9. There is no more information, hearsay or factual, at this time, as it's too soon to know what treatment is being given to new applications in light of these new conditions. If you want to apply and then tell us what happens, giving us the exact circumstances of your mother so we can use that as a benchmark, then your contribution would be gratefully received.