lukachi07 wrote: ↑Sat Jun 05, 2021 10:05 am
I've been told, i can apply for my parents to come here,
1. No financial proof needed, just our marriage cert, passports of us 4, UK resident card, birth cert for relationship.
You need whatever proves the three things below:
1. Your identity
2. Their identity
3. Their relationship to you
For parents in law, this is usually achieved with:
1. Your passport
2. Their passport
3. Your wife's passport + your marriage certificate to show that your wife is your wife + your wife's birth certificate to show they are her parents.
2.The visa they will get is 6months, they can fly to UK anytime during these 6 months.
They will get a 6-month Family permit. Roughly yes, they can first come as long as that permit is still valid; but they should NOT wait 6 months for it to be almost expired to apply for status; they need to apply within 3 months of arriving in the UK.
3. After arriving to the UK, they can then switch and apply for "5 years family permit" (is that how they call it?)
No. The Family Permit is the first permit they get in their country of origin (in step above), and lasts for 6 months. It's a short-time entry permit, so there are no "5-year Family Permits".
They enter the Uk on their 6-month Family Permit, and once in the UK they should apply for Status under the Settlement Scheme, which will usually gives them
5-year Pre-Settled Status.
4. The first 2yrs, of the 5yrs permit, they can go back and forth between their home country and UK, there is no limit of "days you have to be present in the UK.
5. The last 3 years, of the 5yrs permit, they have to be in the UK, (pretty much all t time) for permanent resident application, if they fail these criteria, they can only apply to extend the "5yrs permit card"
You are mixing up a bunch of different concepts here, and making up rules that don't exist.
There is no difference between the 1st, 2nd, 3rd, 4th and 5th years of their Pre-Settled Status. There are rules as of how much time one can be absent from the UK, and these apply throughout the 5-year period, not only in the first two years.
Roughly:
- One can be absent up to 6 months in any 12-year period, or 12 months under very special circumstances, without breaking the continuous period of residence required to later apply for Settled Status.
- One can be absent up to 2 years in a row, without losing the Pre-Settled Status. However, an absence of more than 6 months resets the continuous residence clock, and all accrued time is wiped out. They can still come back and re-apply for Pre-Settled Status, but starting from scratch on the 5-year count.
The two restrictions above apply regardless of which year they make themselves absent (1st, 2nd, 3rd, 4th, or 5th).
For example:
- If they come to the UK, then go abroad for 5 months, then come back and stay in the UK*: All good. They have not broken their continuous period of residence and they have not lost their Pre-Settled Status.
- If they come to the UK, then go abroad for 7 months, then come back and stay in the UK: They would have broken their continuous period of residence. However, they would still have their Pre-Settled Status, and can can be admitted in the UK and stay until their Pre-Settled Status expiration date. However, to be able to stay beyond that date, they need to re-apply for Pre-Settled Status as joining family members, and when they do, their accrued time will be reset to 0, and will need to wait for another 5 years from scratch to be eligible for Settled Status from that point on.
- If they come to the UK, then go abroad and are absent for 2 years, then attempt to come back to the UK: They would have broken their continuous period of residence and they would have also lost their Pre-Settled Status. They will not be admitted in the UK. They might still be able to re-apply for Pre-Settled Status again as joining family members, but as the case above, their accrued time will be reset to 0, and will need to wait for another 5 years from scratch to be eligible for Settled Status from that point on.
Again, the above will apply if they make themselves absent in 2021, 2022, 2023, 2024, 2025, it does not matter.
*As long as they don't go abroad again and accrue a total of 6 months of absence in any 12 month period (having already been absent for 5 months would only require one month of additional absence in the same 12-month period to break their continuous residence 
). In other words, they should wait 12 months before making any other similar long absence.
Please can anyone confirm those points above? Is that true and will the paperwork go through easily?
No dependency is needed, so it is my understanding that the documents described in the first point above should suffice.
My parents wants to live with us, of course, but my brother is in the middle of the divorce with 2 children, hence they will need to go back and forth sometime this year and next year.
Unless they are absent for more than 6 months in any 12-year period, it should be fine. See notice in red.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
