Divorced elderly parent over 65 - how bad can it get?

[Mike London]

Hello and apologies first of all if I am bringing up a topic that is already well covered.

I have read numerous well-put-together topics on this forum, and also the UKBA site and the text of the Rules.

In summary, it seems this one category has fallen completely out of the list of people who can come to the UK via family route; it's not mentioned even in exceptional options. In itself it seems somewhat inconsistent or unthought-through: i) a divorced parent can come in theory if under 65, while one would think those over 65 are probably more in need of care; ii) also, those over 65 who divorce but later re-marry can also come, along with the entire new family, even though again, one might argue that they need care much less than a single elderly parent.

Also, it seems that EEA nationals exercising Treaty rights can bring their elderly parents who are not EEA nationals without any limitation, which in a way discriminates against British sponsors.

I would appreciate if anyone is familiar with relevant cases or can otherwise shed light on what's possible, like, unlikely or impossible for this category.

I imagine if the elderly parent not only lives in difficult conditions overall and depends on the UK citizen, but also has some sort of a health problem, e.g. cannot walk or otherwise disabled and needs to live in a home under care with their relative -- could this be sufficient grounds for an exceptional decision? Are there known refusals where health / disability was not considered sufficient grounds (provided every other box is ticked of course - financial, accommodation, etc.)? How bad can it get before they let the relative in?

Secondly, I was wondering if this can be in theory pursued through courts. There must be a class of people who could contribute to the common cause, like the reversals of some HSMP rules a few years ago.

It just doesn't seem right - all the anti-immigration talk notwithstanding - citizens of 30 other EEA countries can perfectly bring their elderly relatives in, except for the British. There should be a way to challenge this in courts, or not at all?

Thanks for any thoughts or sharing the experience.

[SSEF]

EEA nationals have freedom of movement simply because they are members of the EU and the vast majority of British people dont have to worry about immigration rules where their parents are concerned because their parents are British and already living in Britian.

If someone from a non EU country comes and settles in the UK and acquires British citizenship, then that was their choice to leave their country and parents, you really can't expect the UK to change it's rules on immigration because of personal choices you made.

[Mike London]

EEA nationals have freedom of movement simply because they are members of the EU and the vast majority of British people dont have to worry about immigration rules where their parents are concerned because their parents are British and already living in Britian.

If someone from a non EU country comes and settles in the UK and acquires British citizenship, then that was their choice to leave their country and parents, you really can't expect the UK to change it's rules on immigration because of personal choices you made.

This is not what I am talking about, sorry. Non-EEA nationals who are family members of EEA nationals residing in Britain have the right to come here as well, which is not exactly the same with British nationals. I've corrected the original post; hope it makes more sense now.

[geriatrix]

Some changes were tabled in the parliament yesterday.

From 31-Oct. - parent or grandparent who is divorced, widowed, single or separated aged 65 years or over - will be eligible.

Read points 18-24 of the Statement of changes in immigration rules (HC 1511).

[Mike London]

Some changes were tabled in the parliament yesterday.
From 31-Oct. - parent or grandparent who is divorced, widowed, single or separated aged 65 years or over - will be eligible.

Thank you so much; this is very very helpful indeed!