I would love to have my parents to stay with me. Please help

[Jessie Fung]

Hi there,

I have been on this forum for an hour and found it really helpful.

My husband is british, I have an indefinite leave visa. My parents are still in my hometown. They are both retired and under 65. Since I am the only child, it will be nice if we can live together. I have been sending money back to support them to have better life that I can prove.

Both of them visited me in 2005 for 4 months on visiting visa, my mum visited me on one year multiple entry visa for 5 months and came back after 1 month. Of course, she had been kept in front of the desk. The officer spoke to my husband who was waiting to pick my mum up at airport. My husband told the officer that we knew my mum could only stay for 6 months one entry that was why she had to travle back at the 5th month, but didn't know that she was not allowed to come back within the same year. That was true cos some my freinds in similar situation they would have their parents to travle to Spain at the 5th month and come back in days to avoid staying more than 6months within one entry. The officer kept on saying that my mum needed a family member visa, which I later found out it was the settlement visa for family members. Anyway the officer let her in since I was 7 month pregnant with my second child and decorating the house, we desprate to have my mum to stay and help. She stayed until about two weeks befor the expire date of the visa.

Since totally my mum stayed for more than 10 months with the one year visa. I don' t think she will be getting multiple entry visa anymore. The only thing we can do is apply for a visiting visa for 6 months for her, there is still a chance to be refused. We can neither apply for the settlement, as most of you know the settlement visa for parents is only for some kind of "most exceptional compassionate circumstances" who age under 65 to settle with us. So we are stuck, it does't seem to have a chance to have them with me until they are 65.

Are there anyone who have the experience of applying settlement visa for parents who are under 65. Or maybe someone can give advice on this case please.

Sorry for the long long story and waiting for any help.

Thank you in advance and kind regards from Jessie who are so ready to have all my family under one roof. At the moment, it is like somthing that I can only see in my dream.

[batleykhan]

Here are some extracts from Entry Clearance guidance used by ECO at the British High Commision through out the world.

You can try using these circumstances, but if your parents get this visa,consider yourself very very lucky.

parents or grandparents under the age of 65 years if living alone outside the UK in the most exceptional compassionate circumstances;

What are exceptional circumstances

Living alone outside the United Kingdom in the most exceptional compassionate circumstances

There are no guidelines for what constitutes exceptional compassionate circumstances. You must decide this by assessing the facts of an individual case.

You should bear in mind that this requirement is to be considered as part of the cumulative effect of the relevant Rules. For instance, an applicant who is financially wholly or mainly dependent on his/her UK sponsor and has no other close relatives to turn to for financial support, must show that his or her circumstances are exceptional in relation to other applicants in the same position.

The applicant’s standard of living does not have to be particularly low but nor should reference be made simply to the applicant’s standard of living in order to assess compassionate circumstances.

[Jessie Fung]

Hi bakleykhan,

Many thanks but what is Living alone? Parents as a couple living alone from other relatives or it has to be one parent?
And wil it help if I become british nationality.

Thank you and kind regards from Jessie

[batleykhan]

My understanding of Living alone is that they have no other close relative to look after them. For example, if you mum and dad had a brother or sister or grandkids to look after them, then they would not be classified as living alone.

Whilst i accept that it is pretty difficult to get parents in the UK using this category, it is possible as that is why they have made these regulations.

Whether it becomes easier if you were British national or not. I dont know the answer to this. I suppose if you are British, then the ECO might consider that you are deemed to be settled here for good and permamantly, cos if you were not, then the ECO might think you and your family will eventually return to your country and you might look after your parents.

I suggest you seek proffesional advice from an immigration specialist

[Jessie Fung]

That is very kind of you replying so quick.

It seems like that applying for a visitor visa will be the only way to have them with me. It is better than nothing. But since my mum stayed with us totally 10 months from Jun 2006 to Jun 2007. The officer let her in but wrote down a lot of note on the paper while my mum waiting. Do you think they will issue a visitor visa this time or not ?( Last time it was only my mum applied, this time my dad is coming too.) Thank you again and kind regards from Jessie.

[Wanderer]

It's also possible the IO will consider 'helping with the baby' as unpaid work so she should be careful what she says...

[music100]

I have just read your forum topic about your parents coming to the UK. It is a very similar situation to mine. When your parents applied for visa - did they use a TOURIST ( VISITOR) VISA - did tehy supply all documents about their work in their country, their payslips?
Thank you and waiting for your reply… please reply as soon as you can.
Kristin