SET (F) | Parents of a British Citizen

[RagsKasthuri]

Hi,

My dad is 65 and my mother is 60. I am an ILR and my British Citizenship application is on its way. My brother is on Tier 1 in the UK for the last 2 years and intends to settle down in the UK.

I want to get my parents to the UK and have gone through the application and the guidance notes of SET(F).

1) My dad is 65. Hence, they satisfy the age criteria I guess
2) Myself and my brother have been sending money from the UK to my parents bank account in India. Hope that satisfies the criteria that they are financially dependant on us
3) We are the only 2 sons for them and we both are settled in the UK. They dont have any close relatives who would be able to look after them

The point is that:

They own a house in India which is in my dads name and he also receives a pension of 12,000 INR.

Would this hinder the success of the ILR application on SET(F) for my parents?

Does home office / Indian embassy have any robust process of finding out a persons financially history / what pension he earns and what he owns in India?

Your time and replies would be much appreciated. I would also like to know if there is anyone else who has gone through the same process successfully.

Thanks,
Rags

[batleykhan]

Your parent need to live in the"most exceptional circumstances"in India to qualify for settlement in the UK. That is very hard to prove.

What is defined as most exceptional circumstances?

It is someone who has no close relative to look after them, no financial standing but reliant on family members,not homeless but near enough homeless,poor health conditions, ideally both parents to be over 65 etc.

Looking at your parents circumstances, I dont think they meet the criteria.

These types of settlements are in my opinion the msot difficult to get, so if you want give it a try and I hope you get it, but it wont be easy

[RagsKasthuri]

Hi,

Thanks for the reply.

Good to see the way home office would be evaluvating the application.

All the points you have mentioned are subjective topics. Any idea on how ourselves as applicants and Home office prove each of these points?

Example: If someone mentioned that they are homeless / close to homeless - How do we prove this? They can make a declaration. Apart from that is there any other evidence they can provide?

On the other hand, does home office or the British Embassy in India have any robust mechanism / process to track every individuals financial standing in India?

Given that India is so vast and is not the same as the UK, I would be surprised if they had systems/applications where they type in a persons name and it provides you with the list of all the information about the individual.

Your time and help on this is greatly appreciated.

Thanks,
Rags

[Wanderer]

No chance, they have a house and a pension and the UK has no family visa as such.

The elderly dependant visa is for those in extremely dire circs which ur parents don't seem to have.

And making them poor and homeless for a visa is an obvious trick I hope that's not what you are suggesting.

[RagsKasthuri]

Thanks for the response!

I wasn't talking about making them poor and homeless just for the sake of the home office application haha

The SET(F) form doesn't stress these points clearly. The way I read form F and guidance notes was,

Yes, my parents are financially dependent on me and my brother because they are old and are on pensions which is not enough.

They really dont have any other close relatives to look after them. If they fall ill, its only either me or brother (one or both of us) will have to travel to India. No other chance.

However, we are really transferring money and looking after the parents financially, I wanted to understand, what does it mean in home offices eyes. A pension amount and a house according to home office is well enough to live and continue by the sounds of it

Thanks for all the responses anyways.

I still didn't understand one point. The application form doesnt ask for how much pension you are earning or do you own a house. How are they going to find out these details. Thats what I am interested in. I wasn't talking about making my parents poor for the sake of the application.

I want to make all my moves legally because the last thing anyone wants is to be deprived of a British citizenship because of making false declarations. I would be better of staying British and getting my parents to visit me every now and then on a visitors visa which is what we are doing at the moment.

[hmm]

Dependent settlement visa for elderly parents are not easy to get but NOT impossible. I know couple people who has bought their parent over here sucessfully but they are widowed and over 65 so was easier for them.

''living alone outside the United Kingdom in the most exceptional compassionate circumstances'' is only apply to those who is under 65 years old. As your dad is 65 and your mother will be travelling with him I don't think you'll have to prove that. How ever you need to prove the followings....the person is
(i) is related to a person present and settled in the United Kingdom
(ii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and
(iii) 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
(iv) 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;

since your parents own a house and get pensions they are NOT wholly or mainly dependent on you. Can you prove that the pension they are getting is not enough to have a basic life over in India? 12 000 INR of pension is rather high for some one who lives in India in their own home.

I'd rather be honest about the pension, house and everything else on the application. There is some thing called 'village visit'. I don't know whether that is still in ppractice but I wouldn't personally take the chance. here is the link, see AnneX in section 6.
http://www.ukba.homeoffice.gov.uk/sitec ... schapter8/

If you are desperate to bring them over here then go for it and prepare to appeal later.

Good luck

[Rozen]

However, we are really transferring money and looking after the parents financially, . A pension amount and a house according to home office is well enough to live and continue by the sounds of it

I would be better of staying British and getting my parents to visit me every now and then on a visitors visa

[RagsKasthuri]

Thanks for the response. I am pretty impressed with the details specifically around the village visits.

I am not sure if I would be able to justify a pension amount of 12000 INR.

Let me see what happens and update you lot.

Many thanks again for all the information that you guys have provided. It is much appreciated.

Many thanks for your time.

Cheers,
Rags

[batleykhan]

http://www.londonelegance.com/transpondia/

Here is a good site for Indians to have a look at for Immigration purposes.

[John]

I suspect your main problem might be :-

is financially wholly or mainly dependent on the relative present and settled in the United Kingdom

OK you mention that they have a pension of 12000 INR, but in Indian currency, how much are you paying them in an average month?

That is, what proportion of their total income is coming from you?

[RagsKasthuri]

I send in £200 every month which is equivalent of 16000 INR and the pension is 12000 INR.

So my contribution is about 57% of their total expenditure per month.

Rags

[John]

Thanks for that, but I have to say, just looking at the ordinary English language meaning of the words I quoted earlier, it appears to me that your father is not "wholly or mainly dependent" upon you ..... and accordingly I think you will struggle with this application.

[RagsKasthuri]

Thanks John.

I appreciate all your inputs because I would know what angle and at what level of intensity and attention to details I need to provide while making these applications.

It always helps. The 12000 INR is a rough guess by me and my brother based on what he use to earn when he was employed. I will find out the exact figures from him.

Its been a while since we have spoken to them.

[adinnhall]

I think that you need a expert agent who will deal all this matters and so that you can do your work, there are lots of agents who will help you with this, they are professionals and so you can rely on them.