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ILR, visa for dependent parents

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Darya
Newly Registered
Posts: 17
Joined: Thu Feb 09, 2012 2:48 pm

ILR, visa for dependent parents

Post by Darya » Thu Feb 09, 2012 2:52 pm

Hello all,
Could you please advise me in my situation please?
I am a Russian citizen. Currently I am on Tier 1 visa, expiring December 2013. It’s my second Tier 1 visa and I will apply for ILR in October 2013. I am planning to apply for British passport straight after 1 year. I think I won’t have problems with any of those.
I am married to French citizen since July 2011.
I would like to investigate a question regarding my parent’s visas.
They are both Russian citizens. Currently they have visas for 2 years. It’s a family visit visa and they can’t stay here longer than 180 days a year. We are expecting a baby and my dream is to get my parents dependant visa or ILR or visa, so they can stay here as long as they want.
I did investigation on dependent visas for my parents:
http://www.ukba.homeoffice.gov.uk/visas ... dependent/
You must provide evidence that:
• you depend wholly or mainly on your settled relative for money;
• you (and any dependants you have) can and will be maintained and housed adequately, without needing public funds, in accommodation which your settled relative owns or occupies exclusively; and
• you have no other close relatives in your own country who can support you financially.
If there are exceptional compassionate circumstances, the following relatives who meet the above requirements may be allowed to join as settled person here:
• sons, daughters, sisters, brothers, uncles and aunts over the age of 18; and
• parents and grandparents under the age of 65.
For the financial dependence I can show that I do transfer 500 pounds every month to my parent’s joint account.
We own a house with a spare room for my parents
I am the only child in my family, so no other relatives.
My parents are both 51, both under 65 years old, so we need to provide exceptional compassionate circumstances. I am planning to prove their illness. I wanted to ask if I have a baby and I want my parents to care about the grandchildren and I am the only child for them. Could it be exceptional compassionate circumstances?

Many thanks,
Darya

a.s.b.o
- thin ice -
Posts: 413
Joined: Mon Nov 14, 2011 6:00 pm

Re: ILR, visa for dependent parents

Post by a.s.b.o » Thu Feb 09, 2012 3:07 pm

Darya wrote:Hello all,
Could you please advise me in my situation please?
I am a Russian citizen. Currently I am on Tier 1 visa, expiring December 2013. It’s my second Tier 1 visa and I will apply for ILR in October 2013. I am planning to apply for British passport straight after 1 year. I think I won’t have problems with any of those.
I am married to French citizen since July 2011.
I would like to investigate a question regarding my parent’s visas.
They are both Russian citizens. Currently they have visas for 2 years. It’s a family visit visa and they can’t stay here longer than 180 days a year. We are expecting a baby and my dream is to get my parents dependant visa or ILR or visa, so they can stay here as long as they want.
I did investigation on dependent visas for my parents:
http://www.ukba.homeoffice.gov.uk/visas ... dependent/
You must provide evidence that:
• you depend wholly or mainly on your settled relative for money;
• you (and any dependants you have) can and will be maintained and housed adequately, without needing public funds, in accommodation which your settled relative owns or occupies exclusively; and
• you have no other close relatives in your own country who can support you financially.
If there are exceptional compassionate circumstances, the following relatives who meet the above requirements may be allowed to join as settled person here:
• sons, daughters, sisters, brothers, uncles and aunts over the age of 18; and
• parents and grandparents under the age of 65.
For the financial dependence I can show that I do transfer 500 pounds every month to my parent’s joint account.
We own a house with a spare room for my parents
I am the only child in my family, so no other relatives.
My parents are both 51, both under 65 years old, so we need to provide exceptional compassionate circumstances. I am planning to prove their illness. I wanted to ask if I have a baby and I want my parents to care about the grandchildren and I am the only child for them. Could it be exceptional compassionate circumstances?

Many thanks,
Darya
Daria

unless they are dependent on you and you can support this statement, you best chance is to go to another EU country (Ireland?!) and have claims to EU legislation in part relating to the ability to bring your parents/extended family

Darya
Newly Registered
Posts: 17
Joined: Thu Feb 09, 2012 2:48 pm

Post by Darya » Thu Feb 09, 2012 3:22 pm

Thank you for your reply! I thought to transfer 500 pounds to my family and prove that they have extremely low salary will help to prove that they dependent on me. I'll investigate other EU country. Do we have to live on Ireland to do that? Do you think it's better for me to try to get french passport, as I think being married to french and having a child will guarantee it, even if we don't live in France and then apply for family regrouping? Thanks very much for your help.

Greenie
Respected Guru
Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Thu Feb 09, 2012 5:19 pm

you cannot sponsor them whilst you are on a Tier 1 visa - the category you are referring to is for dependent relatives of those who are settled in the UK (ILR/PR/British).

Having a child that you want your parents to see is not an exceptional compassionate circumstance - and they can see your child as visitors.

Given that your husband is French, and presuming he is exercising treaty rights in the UK you may wish to consider whether they might qualify as a family member under the EEA regulations. Perhaps your post should be moved to the EEA regulations section by a moderator.

Darya
Newly Registered
Posts: 17
Joined: Thu Feb 09, 2012 2:48 pm

Post by Darya » Fri Feb 10, 2012 8:45 am

Thank you for your reply. I understand I can apply only when I have ILR or British passport. I'll have it in 2 years time, just want to be ready beforehand. Will investigate EEA regulations, but I am not sure parents in law are family members. Thanks for your reply!

Darya
Newly Registered
Posts: 17
Joined: Thu Feb 09, 2012 2:48 pm

Post by Darya » Fri Feb 10, 2012 10:56 am

Just had a long conversation with a lawyer. Apparently they don't know anyone who got dependent UK visa under 65, so they advised to apply for EEA family permit, but I need to prove dependency. It's not about how much money I am transferring, but about how much money they earn and proving it's not sufficient. So I have 2 years to prove dependency. Also I am wondering if I become a french citizen, could I bring my parents here as EEA family member or I would need to prove dependency anyway? Does anyone know?

Ramayan
Newly Registered
Posts: 26
Joined: Tue Jul 22, 2014 5:32 pm

Re: ILR, visa for dependent parents

Post by Ramayan » Tue Jul 22, 2014 5:36 pm

Hi Darya, I am in a similar situation as yourself, am I able to to talk to you please?

Amber
Moderator
Posts: 17475
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: ILR, visa for dependent parents

Post by Amber » Tue Jul 22, 2014 6:32 pm

This thread is over two years old! :shock:
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

Ramayan
Newly Registered
Posts: 26
Joined: Tue Jul 22, 2014 5:32 pm

Re: ILR, visa for dependent parents

Post by Ramayan » Tue Jul 22, 2014 7:40 pm

Yeah I did notice that - just trying my luck

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