My Father

[ilyasmeman]

Hello

My situation is as follows. Myself, my wife and my 3 kids all have british passports. My father is a zimbabwean citizen and he has been coming to visit us in the UK every couple of years on a 6 month visit visa. He recently got a 5 year visit visa and he has come over and been with us for a couple months now. His age is 71. He is healthy and well but he now wants to live with us in the UK as he has become very attached to his grand children and to his family here in the UK. Is there anything he can do before he goes back to Zimbabwe in regards to living here with us permanantly?

[Casa]

The route to settlement for adult dependent relatives has been virtually closed since the Immigration Rules were tightened considerably in July 2012.

In order for your father to stand any chance of success, he would have to prove that he needs daily care for basic tasks such as bathing, dressing and preparing food, AND that care is either not available in his home country, or is not affordable.

From your post, it appears that this is not the case for your father. Also bear in mind that if his application fails, he will lose the chance to visit the UK in the future, due to his intention to settle.

https://assets.publishing.service.gov.u ... _final.pdf

[secret.simon]

You may want to look at moving your whole family (including your father) to another EEA member-state before Brexit. You will have stronger rights in another EEA member-state that you are not a citizen of.

Under EU law, your father would have the right to reside with you if you can prove that he is dependent on you.

[ilyasmeman]

Hello

this will be very difficult, is there any chance to apply using the 10 year route? what about letting the visa expire and then seeking asylum??? are they any other ways?

[Casa]

There is no category of visa which your father can apply for from within the UK while here as a visitor.

Regarding asylum, does he have a well-founded fear of persecution in his home country?

"The Convention defines a refugee as a person unable or unwilling to return to their country of
origin owing to a well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group, or political opinion. The principal
obligation for signatory states is not to return (‘refoule’) refugees to a territory where they risk
persecution or serious harm. The consideration of asylum claims deserves the greatest care -
‘anxious scrutiny’ as the UK courts express it - so that just and fair decisions are made and
protection granted to those who need it."

[Casa]

Also bear in mind that if his application fails, he will lose the chance to visit the UK in the future, due to his intention to settle.

This is applies to any visa application that is relevant to remaining in the UK.

[ouflak1]

what about letting the visa expire and then seeking asylum?

Hate to sound preachy. But Please don't abuse the system. There are genuine asylum seekers whose lives are very much endangered when they are refused asylum. And those marginal situations are atleast partially influenced by abuse of the system. Eventually, it effects all of us.

[ilyasmeman]

im not abusing the system, my father is 71 years old with nobody in his home country to look after him, he lives alone and has no family there, so yes i am desperately trying to find a way for him to live with us where we can take care of him,

[Highly_Skilled]

im not abusing the system, my father is 71 years old with nobody in his home country to look after him, he lives alone and has no family there, so yes i am desperately trying to find a way for him to live with us where we can take care of him,

The original poster meant that your father would be abusing the system by lodging an Asylum claim if/when there is no genuine fear of persecution.

[ilyasmeman]

i understand but i am in a very desperate situation? Its amazing in this world you want to do the right thing and take care of your elderly parents who sacrificed everything for you but the rules dont want you to, absolutely shocking to be honest.

[Casa]

Unfortunately, in not supporting chain migration, the UK Government take the view that sons and daughters should consider the future ramifications of parental care when choosing to settle in another country.

The Home Office generally take the view that there is the option of returning to the home country to re-establish a life with parents there.

As harsh as it seems, you are at least fortunate that your father it seems is healthy and able to visit you multiple times on his 5 year visitor visa, as he has been doing.

Many parents are refused a visitor visa, due to the considered risk of overstaying.

[ouflak1]

i understand but i am in a very desperate situation? Its amazing in this world you want to do the right thing and take care of your elderly parents who sacrificed everything for you but the rules dont want you to, absolutely shocking to be honest.

If the UK had the infrastructure and resources for 500 million people, I'm sure they would be happy to let everybody's family members and close relatives in. They just don't. That may sound 'hostile'. And I too would love to bring my elderly mother over to stay with us permanently. But that's just not a practical possibility for the United Kingdom.