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Visa for dependant parents urgent

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Rishika
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Joined: Sat Feb 11, 2012 10:49 pm

Visa for dependant parents urgent

Post by Rishika » Tue May 14, 2013 12:10 pm

Hi I have just received approval letter of my British citizenship...I need advice as want to apply for dependant visa for parents on medical ground


- father is a heart patient and is diabetic. needs medicines for the pandit ions. age 59
- mother has high blood pressure and uses Cpap.for sleeping during the night. Age 56
-sister is married but suffers from kidney /renal failure undergoes dialysis 3times a week.


I want to apply for the visa...can someone advise on the following

-is it possible to apply for parents if they are under 65
- what docs would i need as not thinking of using agent for application as application fee per person is very expensive 1960 Gbp :(
- can I apply for my sister ..I pay for her medical bills
- what kind of case indeed to built on ...my parents are financial dendanthave to transfer money for their maintenance generally every alternate month I send around little more than 500gbp for their maintenance
- any free solicitors who can help me free of cost in India ..Sawant to apply this nov so theycancome by Jan
-will my parents get Nhs after the visa gets approved
- what kind of sponsorship I need to have within the application for them.

I appreciate advise at the earliest... Thanks in advance.

Regards
Rishika

MPH80
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Post by MPH80 » Tue May 14, 2013 12:47 pm

Two questions:

1) Is it possible to hire care in India to look after them and if not, why not?

and 2) do they need assistance with every day tasks such as dressing/cooking?

Unless the answers are No (with a good reason) and Yes respectively, then they do not qualify for a dependant visa.

M.

Rishika
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Joined: Sat Feb 11, 2012 10:49 pm

Post by Rishika » Tue May 14, 2013 1:05 pm

My parents have domestic support to cook food and cleaning recently ..earlier my sister use to take care of then now she herself struggles..my brother in law takes care of them currently. My parents are mobile but need help to do daily chores...

There are old age homes which provide cares in India but I don't want to put them there if they can come and live with mr..is I can take care of them. Please advice how do I prove this to home office..

MPH80
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Location: UK

Post by MPH80 » Tue May 14, 2013 1:35 pm

There are old age homes which provide cares in India but I don't want to put them there if they can come and live with mr..is I can take care of them.
I understand completely - but UKBA don't think like that - and the rule is:
You can apply to join a settled person in the UK if:

You need long-term personal care to perform every day tasks, such as washing and cooking.

The care you need is not available in the country where you are living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.

Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds. Your sponsor will need to sign a sponsorship undertaking form to confirm that they will be responsible for your care without relying on public funds for a period of at least 5 years.
So - you've already admitted that they have support already.

You've also admitted that it's available in India.

So the question you have to show is how you can afford to maintain your parents in the UK without managing to afford the care in India.

So, in order to show that, you're going to have to show why your B-I-L can no longer look after them, then get pricing for the care in India and show it costs more than the cost of looking after them here, and THEN show that you can't afford that additional cost.

If you can show the same thing for your sister - she can apply - but assuming the B-I-L you refer to is her husband - you're going to struggle to answer why he can't take care of her.

The new rules make adult dependant relative visas almost impossible to get.

Rishika
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Post by Rishika » Tue May 14, 2013 1:50 pm

Thks so much it's really frustrating its like for tier based visa u should be earning decent and then to serve your parents one has to show that they cannot afford additional cost back home inspite of earning foreign currency.....I am really disappointed ...dependant husbands are allowed who are young but dependant parents are not ....

Is there a way out ..I came under hemp rule o 2 yrs and then 3yrs tier 1....these changes are recent not in place when I applied for hemp. Can I argue that old rules should apply and not new. Also honestly there are ways to bend rules create papers which shows then heavily dependant ..I guess it's just lies survive with uk border and not genuine need of the family care.

Pls advise if there is any other way out...any other dependant visa to help get some help for my family

MPH80
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Post by MPH80 » Tue May 14, 2013 2:09 pm

You can't argue that the rules have changed and therefore you can expect to operate under the old rules.

Even under the old rules - the rule was 'exceptional and compassionate circumstances' for an under 65 - and it's hard to see how your situation qualifies as plenty of older people are unwell.

The UK has not had a family reunion visa for some time (ever?) and thus it's impossible to argue that you came here with the expectation that your parents would be able to join you. So the 'old rules' principle is out.

The other options are:

1) Follow the EU route. This will require you to complete your naturalisation, move to another EU country, exercise your treaty rights (work) for a period of time - around 6 months probably - and bring your parents as 'family members' to that country before then moving back. This wouldn't extend to your sister.

2) Return to India

3) Find a visa they can qualify for in their own right (e.g. Tier 1/Tier 2/Student)

You have to accept that the immigration policy of the UK does not consider that taking care of the elderly and sick foreign family of a resident of the UK is a priority.

deleted_user

Post by deleted_user » Tue May 14, 2013 2:14 pm

MPH80 wrote: You have to accept that the immigration policy of the UK does not consider that taking care of the elderly and sick foreign family of a resident of the UK is a priority.
IOW, they don't give a f*ck about your family. Only want your taxes.Join the fight.
Last edited by deleted_user on Tue May 14, 2013 2:17 pm, edited 1 time in total.

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Casa
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Post by Casa » Tue May 14, 2013 2:17 pm

The fact that both of your parents are under 65 doesn't help your case. 56 and 59 wouldn't be considered 'elderly' in the UK. Also high blood pressure and the need to take medication to get a good night's sleep, wouldn't require live in care. I'm not being unsympathetic, but as MPH80 has already advised, it's extremely difficult to bring in parents now.
Don't be tempted to submit false statements/documents.

MPH80
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Joined: Sat Oct 11, 2008 11:56 pm
Location: UK

Post by MPH80 » Tue May 14, 2013 2:28 pm

Casa wrote: Don't be tempted to submit false statements/documents.
I cannot agree with this enough. Any detected attempt (and these visas are scrutinised heavily) to do this could result in a 10 year ban for your parents.

Rishika
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Post by Rishika » Tue May 14, 2013 3:25 pm

Understand ...I am just trying to highlight the double standards of immigration rule...I have seen young boys going to solicitors in uk and get docs made for their tier points ...when they don't have enough meat.

I am bitter at moment ad should not point wrong doers rather be sensible and accept as my current status if applied would result in my parents not getting visa and also losing 4k

Thks for help.

Rishika
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Posts: 27
Joined: Sat Feb 11, 2012 10:49 pm

Family visit visa docs

Post by Rishika » Fri May 17, 2013 5:16 am

Hi

Can you advise on the documents needed to invite my parents on family visit. As mentioned earlier they are financially dependant on me hence what docs from my side would be needed..and also from their side.

Thanks in advancd.

Regards
Rishika

rakap2000
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Re: Visa for dependant parents urgent

Post by rakap2000 » Fri Jan 03, 2014 3:25 pm

I have a similar query and would appreciate any advice

My mother is 68 years old and has been diagnosed with a cancer which requires surgery, however My sister who is residing in India cannot help with the care after the surgery as she is a single working mom and living in a different state.

My father cannot help with the care as he has epilepsy.

I am on a PR and my wife is an EEA national with a PR.

What are the thoughts about filing for dependant visa. Is there any chances for success for this application and what are the processing times now a days?

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