ILR for Parent

[Baadil]

Hi,

My mum (Widow) has a 5 year multiple visit visa. She will be joining us within a week or so. She is under 65. I would like to apply for her settlement visa based on the fact that she is completely dependent upon me.

I understand that she can apply to come to the UK from the embassy in the home country but is it possible for us to apply for her while she is here on her current visa? I have looked for forms etc on several UK websites but the only thing I can find is that yes, she can apply while she is here but only forms I have found are for people who are not in the UK.

Thank you in advance for any help.

[ciaramc]

You can wait for confirmation....but I'm nearly positive that you can't apply for a settlement visa when in the UK on a visit and certainly not on a VV.

[Obie]

Ciara is absolutely right. She will need to apply from her home country.

Here is the guidance note and the Visa form.

http://www.ukvisas.gov.uk/en/howtoapply ... members#Q4

http://www.ukvisas.gov.uk/resources/en/ ... 3073/vaf4a

[Baadil]

Thanks guys for your replies.

For some reason I thought I read somewhere that once she is here she can apply directly at the home office for it as well.

[bototo]

Actually, you can apply from within the UK. However, that only applies if her situation changed significantly etc. If she entered the country on a vistor visa intending to apply for ILR while here then she'll automatically be refused (and probably won't ever get a visitor visa again). If you put in an application while she's here her visa gets automatically extended till they decide her case. Even after that she gets time to appeal to the AIT and can continue to stay in the country through that process.

Warn her that when entering the country if she states to the immigration officer at port of entry that she intends to apply for ILR while here she won't even be allowed into the UK, they'll put her promptly on the next plane back home.

[Baadil]

Actually, you can apply from within the UK. However, that only applies if her situation changed significantly etc. If she entered the country on a vistor visa intending to apply for ILR while here then she'll automatically be refused (and probably won't ever get a visitor visa again). If you put in an application while she's here her visa gets automatically extended till they decide her case. Even after that she gets time to appeal to the AIT and can continue to stay in the country through that process.

Warn her that when entering the country if she states to the immigration officer at port of entry that she intends to apply for ILR while here she won't even be allowed into the UK, they'll put her promptly on the next plane back home.

Thank you Bototo. Do you have any links to form etc to apply for her when she is here? I have been unable to find any. It seems it might be easier for her to apply back home but just in case we want to apply when she is here, I would like to have the forms ready.

Thanks.

[Obie]

Ignore

[vinny]

This is the <<Guidiance Note>> which advice you on how to qualify. Please not that you have to state the exceptional reason why she has to apply in the UK. Health Factor (eg medical treatment or deteriorating health condition is the mitigating factor the usually take)

This is the <<Application Form>>

Please seek legal advise before you fill it, as the possible implication if she doesn't meet the criteria will be dire.

FLR(O) is not the correct form.

See also Elderly dependent relatives
SET08 - Parents, grandparents and other dependants
Older dependent relatives.

[Obie]

Cheers Vinny,

I thought there is a minimum residency criteria they have to meet before qualifying for ILR, and until that criteria is met, she would need to apply for FLR. I forgot that the dependent relatives apart from Spouses who haven't yet been married for 2 years are issued with ILE immediately.

The immigration rule is in line with you correction.

I suppose it is the in country application concept that got me a bit confused.

[vinny]

Hi,

Thank you everyone for helping me out a few weeks ago on this topic.

Now, I would like to get your opinion regarding how good of a case I have for my mom to stay with us here in the UK based on the following situation.

- I am a US/Pakistani Citizen here in the UK on a 10 year ILR
- My Wife and my 2 kids are UK citizens
- I am a full-time employed with 40K+ salary. Never been on any public funds.
- My mom is a Pakistani citizen and is a Widow for three years.
- She has 5 year multiple visit visitor visa and currently here in the UK.
- She is wheel-chair bound and cannot walk more than 10 feet unassisted.
- She lives in our family house in Pakistan which was owned by my father and according to local laws will be split into all kids and my mom
- I have a brother who lives in Hong Kong
- I provide all support for my mom (money) and have been for years (even when I was in the US a little over a year ago).
- I have one sister who also lives here in the UK.
- I own my own home here in the UK with sufficient space for her.
- She is 55 years old.
In Pakistan, she has a brother living about 5 miles from her but they do not talk with each other so no hope for support from him.

Can I apply for her ILR while she is here? Do I have passionate grounds here?

Thank you.

[Baadil]

Thank you Vinny for merging the topic. I will keep this in mind.

[vinny]

If she's a visitor, then be careful of a refusal under 322(7). Moreover, if she is refused and has leave remaining, (i.e. her leave is not curtailed), then she has no right of appeal under section 82.

[hmm]

As she is under 65 she will need to show that she 'lives alone outside the UK in a most exceptional compassinate circumtance' if she apply for a settlement visa from Pakistan.

It is not the easiest requirement to meet and the guide line is very vague.

[immigrationuk2009]

Hi

As she is under 65 she will need to show that she 'lives alone outside the UK in a most exceptional compassinate circumtance' if she apply for a settlement visa from Pakistan.

It is not the easiest requirement to meet and the guide line is very vague.

I believe it would be very difficult and time consuming to apply from uk.

You can apply outside immigration rules under artilce8 but it would be difficult,

So easy solution is apply for ILR from outside as dependent of someone present and settle in UK.

[kamaldeep]

Hi,

You may have found the form you need... but I thought better to post it here for anyone looking for same information in future.

Yes, it is legal and allowed to apply (within UK) for ILR as dependent family member. So happy news...

- You need to apply using SET(F) form. Link: http://www.ukba.homeoffice.gov.uk/ukres ... et%28f%29/

- You must make your application before your current permission to stay in the United Kingdom expires.
- You must be in the United Kingdom to apply.
- You cannot include any dependants on application form SET (F). If you have a partner and/or children, they must apply separately
- If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

But it may take long to get result back, anything between 20 - 120 working days, but applicant is allowed to stay in this country, AND cannot work or claim any funds

HTH

Regards,

Kam

[ahmenter]

Hi There,

I have applied for my parents ILR and its more than 7 months i havent heard anything except the payment receipt does anyone has any idea how long it normally takes?

Thanks

Kind Regards

[saminkhan]

Ahmenter

Was that an in country application? If yes, where there any change in circumstances?