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ILR for parents. Please help.

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av_raje
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Joined: Sat Nov 17, 2007 5:00 pm

ILR for parents. Please help.

Post by av_raje » Sat Nov 17, 2007 5:25 pm

We(My husband and I) are living in UK for 5 years. We are originally from India. We have for Naturalised Citizenship status now. During the 5 years, my mother (age 60) and father (age 68 ) have been here in 6 months vistors visa twice. After my first daughter was born, my mom came for the first 6 months and dad for the next 6 months. Same when my second daughter was born. Now they are in India. I am thinking of bringing them here permanently.

I have 3 brothers. Eldest is a catholic priest. My parents are living in the family home with my second brother, his wife and toddler son live. My brother is in sales job, so he is always on the move. If my parents fall ill, he is not able to take care of them. MY sister in law goes to her parents house too often, so it is like they live by themselves. My third brother lives in Scotland. My dad gets pension. I send money often, and I can get proof for that. There is some property in their names.

Please suggest the supporting documentation to make a strong application. Will it be easy to get ILR for them if I show the proof of sending money.

We are going to India next month. Can I apply for them while in India.

vinny
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Joined: Tue Sep 25, 2007 8:58 pm

ILR for parents. Please help.

Post by vinny » Sun Nov 18, 2007 12:52 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

av_raje
Newly Registered
Posts: 11
Joined: Sat Nov 17, 2007 5:00 pm

Post by av_raje » Mon Nov 19, 2007 11:01 am

Thank you vinny.

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Mon Nov 19, 2007 1:21 pm

It's going to be a tough one, I'm afraid. The relevant part of the Immigration Rules is as follows:


317. The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:

(i) is related to a person present and settled in the United Kingdom in one of the following ways:

(a) mother or grandmother who is a widow aged 65 years or over; or

(b) father or grandfather who is a widower aged 65 years or over; or

(c) parents or grandparents travelling together of whom at least one is aged 65 or over; or

(d) n/a

(e) n/a

(f) tn/a

(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and

(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and

(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and

(v) has no other close relatives in his own country to whom he could turn for financial support; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.


From what you have said, it is hard to see how they are mainly dependent on you for financial support, and it doesn't seem that they have no other close relatives in their own country to whom they could turn for financial support either.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

av_raje
Newly Registered
Posts: 11
Joined: Sat Nov 17, 2007 5:00 pm

Post by av_raje » Mon Nov 19, 2007 3:19 pm

Thanks Ms.Amanda Jones for your reply. They are not financially dependent on me for basic needs, but I have always been sending considerable amounts of money throughout the five years for their financial hardships. Also since my brother is in travelling salesman job, they feel that there is no one to look after them or care for them in a day to day basis. They also clearly show desire to stay with me in the long run, because they find me more approachable than my brother/sister-in-law. Could you please suggest how I can make the application strong and successful. Could you suggest the documentation that will help the application in this case? Thanks in Advance.

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Mon Nov 19, 2007 3:50 pm

I think it's going to be very difficult for you to show your parents meet the rules, I'm afraid.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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