Will Visitor visa have negative impacts on residency appl

[shashi_bhagavathula]

Dear forum,

I have a query with regards to bringing my parents first on Visitors visa and later process their UK permanent residency.

I have lived in UK for the past 7 years and have British citizenship now. I am the only son to my parents and am settled in UK with a permanent job. My parents are of Indian origin; father aged 67 and mother aged 61.

The plan is that they will be processing their Visitor's visa for 10 years first as they want to come here immediately and once this done, the plan is to apply for UK permanent residency.

Can anyone please confirm whether this will in way cause any negative impact to their permanent residency application i.e. having 10yrs visitor visa?

[Wanderer]

1. 10 year VV isn't LTR to remain in UK for 10 years, it's still a six month visa.

2. Both parents would have to be over 65 to apply for residency and totally dependent on you.

3. You can't normally switch from visitor visa.

[shashi_bhagavathula]

To clarify on my original query, I know the visitor visa is for only 6 months at a time in a one year period. I will be applying for 10 yrs visitor visa first and then later trigger the processsing of their residency in UK as dependants. Having 10yrs visitor visa, wil it affect their residency application?

Secondly, I thought we can process residency if one of the parent is over 65yrs. No?

Also, while they are here in UK on visitor visa, I am assuming I can apply for their residency permit. Can you please clarify what you mean by they cannot switch from Visitor to Residency?

[bototo]

If there is any indication that they came on a visitor visa with the intention to apply for ILR while here that immediately disqualifies them for ILR.

[Frontier Mole]

Your parents will not get any form on residency in the UK no matter what you plan to do. What reason do you think they will be allowed residency?
Because they are your Mum & Dad, becuase they are old, because you are a Brit Cit... all of the above is not any reason for them to get to stay in the UK.

As for applying while on a VV - now you are just having a laugh right?

[vinny]

See also Chapter 15 - Entry for settlement: parents, grandparents, other dependent relatives.

There was a report of a visitor being refused to switch with the reason

that he has not made a truthful declaration to the entry clearance officer abroad regarding the intended duration of his stay in the UK.

[Frontier Mole]

Vinny,
With all due respect the OP just wants his Mummy & Daddy in the UK. There is no reason other than that. The UK will have to support them in their old age, pay their medical bills and more than likely support them in other ways too.

The very fact he intends to use the VV route demonstrates he is a complete waste of space and intends to abuse the system. I hope his parents get a refusal for the VV and with a little bit of luck you never know what might happen

[Wanderer]

Vinny,
With all due respect the OP just wants his Mummy & Daddy in the UK. There is no reason other than that. The UK will have to support them in their old age, pay their medical bills and more than likely support them in other ways too.

The very fact he intends to use the VV route demonstrates he is a complete waste of space and intends to abuse the system. I hope his parents get a refusal for the VV and with a little bit of luck you never know what might happen :twisted:

Agreed re UK paying, why should we subsidise other peoples parents living here? I know the OP will claim he will cover all costs but circs change...

[shashi_bhagavathula]

Just logged in to actually see quite a few remarks on this subject. Those remarks vaguely answers the query raised and are also quite taunting.

Thanks to the self professed collective intelligentsia poured out here. This is also devoid of the total understanding of the case.

[Frontier Mole]

Not much to understand really - get Mum & Dad into the UK on a false pretence then apply for PR based on no doubt equally fabricated story of ill fortune that befalls their home / farm / animals / fortune / land while they are in the UK.

It is a far from unique ploy, seen and dealt with it many times before. The application will be refused and no doubt there will be an appeal. Invariably an easy win for UKBA at appeal and it makes for great theatre as you can rip the parents to shreds in cross exam. The old dodders can not hold "their" story together when they are pushed a bit by the Presenting Officer. Better still when you have both parents - it is like the old TV show Mr & Mrs. After a few questions it will appear they do not know each other never mind the "story" they are to remember.

Good luck

[PaperPusher]

shashi_bhagavathula

Parents can switch from visitor to ILR, there is a problem however:

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;

............

(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.

To get ILR they have to show things that would pretty much disqualify them for a visitor visa. If they are financially mainly dependant on you, with no relatives that they can turn to for financial support, the chances of them getting to the UK as a visitor look slim, because they have few ties to their home country.

If they are not financially mainly dependant on you, and have relatives that they can turn to for financial support, the chances of them ILR gets very low.

Either way, it looks bad for this type of application. In short a visitor's visa could have a negative impact if a residency application comes hot on it's heels when they get to the UK.

Regards

PP

[PaperPusher]

shashi_bhagavathula,

You said

I am the only son to my parents

Do you have sisters?

Regards

[Frontier Mole]

shashi_bhagavathula,

You said

I am the only son to my parents

Do you have sisters?

Regards

Fine question !!

While we are at it - can we have the whole family tree as it will make writing the refusal soooo much easier.

[Frontier Mole]

Where applications for leave to remain fall to be decided under paragraph 317 of HC 395, the correct approach is the same as that under previous versions of the Immigration Rules. The appellant needs to show that he would meet the substantive requirements of paragraph 317 if he were still in his own country. It is not sufficient to show that he is able to meet the requirements of the Rules whilst he is in the United Kingdom.

[yaz_1973]

This subject trail is really nonsensical. So is the rule..

1/It would seem silly to apply for a new type of visa if you have let's say a valid 05-year multi-entry visitor visa..

2/Wholly financially dependent" rule: this rule is again silly. The UKBA/(ex-immigration directorate) could turn and say: "Oh! you are better off in your home country with the money you are receiving from your British son...than you would be in UK with same amount.. The issue is one of bond/tie/emotional tie with your mum or dad..

I can't really see what the problem is if son/daughter commits to support parents without recourse to public funds..

I believe EU rules do allow EU citizens to have father/mother/son/daughter/wife with them in UK if can support them financially..

The posts on this forum shows how rules are so complicated that get often misinterpreted with non-sensical decisions..

No disrespect.

regards

[Frontier Mole]

Go and live in another EU state and get Mum & Dad to live with you there.
That way you can have them in your household and live happily ever after.

If it ties and bonds that matter - you can go in live in your own coutry if it matters so much. Somehow I don't think you will go for that option.

Good luck trying to get Mum & Dad into the UK.

Personally I believe there should be no right for the parents of non EEA born citizens to come to the UK or the EEA at any point. Why should the conferring of Uk or EEA citizenship extend beyond that of the person granted it?

[Wanderer]

There was a poster here who brought her father over on a dependant visa, then had to gall to ask about a State Pension for him cos they could afford to look after him anymore....

Circs change and it's the UK taxpayer feeding yet another lifelong non-contributor.

[bototo]

I'm surprised at the strength of feeling against people gettting ILR via dependant parent route.

[Frontier Mole]

I can not see why you are surprised.
The number of parents of migrants that use the UK as a retirement option is increasing. The parents have not contributed to the UK but the UK has to pay for their inevitable use of our health and welfare services.
If they were to be brought to the UK on the understanding that they have no rights to any UK benefits and have to prove that they or the child in the UK can pay for all future needs and health services it would be less of a problem. As an example: the issue is that the NHS will not say no to an aged parent suffering from a terminal illness. So they soak up massive amounts of UK resources with no input. To be cruel they would not have access either through lack of provision or prohibitive cost to the same medical treatment back home in most instances. If they could afford it- why should the NHS foot the bill? Should they not pay for their care?

[bototo]

If they could afford it- why should the NHS foot the bill? Should they not pay for their care?

That's a political question and this forum cannot resolve it. Become a politician and change the law.

In the meanwhile, the UK welcomes parents of permanent residents if they meet certain conditions. You may not like it but that's the way it is. Once they are here they are entitled to NHS care and much else. You may not like that either but that's the way it is.

I understand your frustration but it's better directed at the people who are making the law than those trying to take care of their elderly parents. While many people in the UK are quite happy to throw their parents in a home that is not the way other cultures deal with their elderly. Children feel it an obligation and a privilege to take care of their parents in their old age. Many get their parents over purely to look after them and without expectations or immediate requirements of NHS care. And those parents make important, non-monetary contributions - like helping kids with their homework and teaching them values like respect. British kids.

However, and contrary to the impression this thread creates, it is not easy to get a parent into the UK. In the OP's case he'll likely not be able to prove that they are almost completely financially reliant on him.

[sakura]

What surprises me about routes for elderly people is that the government decided to close the "retirement with independent means" route - people who have high retirement savings and are the least likely to be a 'drain' on public funds (I remember reading somewhere that some MPs wisely questioned the Immigration Minister on such a biased - and probably silly - decision). Isn't is bizarre that that route is closed whereas the "dependent elderly parents" route is left unchanged, where these elderly parents are, with respect, already financially dependent?

There was a poster here who brought her father over on a dependant visa, then had to gall to ask about a State Pension for him cos they could afford to look after him anymore....

I remember that poster...it was actually both parents (mum and dad), and he wanted to know if they both qualified.

Unfortunately, Frontier Mole has a very interesting point (re: elderly and NHS costs). However, the number of elderly parents that are successful in these applications are currently quite low BUT, if a rise in non-EU to EU migration continues, this might well change and the BIA may well choose to implement some changes in who qualifies for what (social welfare benefits, etc). I personally have always thought that, as with other 'dependent' categories, they should be given a temporary visa before then qualifying for ILR (although that may not necessarily change their use of the NHS, but at least other public funds).

[bototo]

It is bizarre indeed.

I know someone whose mother and father both came here on a VV and applied for stay. Three years and several appeals later they got ILR on written assurances from their daughter sponsor that she'd take care of all their expenses. A few months later the father had a stroke and the daughter claimed she couldn't care for him anymore.

The parents are now in fantastic retirement accomodation paid for by the tax payer and modified to accomodate his disability. They get all the benefits UK retirees are entitled to. The mother has just gone on holiday to Australia - business class (a £4,000 ticket). And they complain that they should be getting more.

I can fully see why people get riled by cases like these. I get annoyed too. But that's not the fault of people like me who'd dearly love to get their very old and infirm mother over to look after her and who would be happy to abide by any sponsorship and financial undertaking. If it would make it easier to get her over I'd even sign a guarantee to pay her health insurance for as long as she is here. The UK government should perhaps tap into this.