vito0514 wrote:hmm wrote:Wanderer wrote:blueskyes wrote:Well my parents siblings simply are not in a position to offer support either financially or emotionally since they have their own commitments. Not sure how we can prove that, but i think the onus is on the ECO to make visits and gather evidence if they want to refuse on those grounds.
I disagree, the ECO will make his judgement in line with policy and what he sees in front of him, it's up to you to make your case watertight.
In these cases the HO holds all the aces.
It is up to you to provide the evidence and convince ECO. The ECO makes the decision based on the documents you submit, interview in some cases.
you can mention the age, health of the relatives, the commitments they have (their family life, work, etc), distance they live from your parents, time taken to travel to your parents and why can't your parents visit them or even live close to their relatives. Your commitments here and you can't you visit them regularly, etc
Chapter 15 - Entry for settlement: parents, grandparents, other dependant relatives (
http://www.ukvisas.gov.uk/en/howtoapply ... members#Q4):
If you are a widowed parent or grandparent
aged 65 or over, or parents or grandparents travelling together and one of you is 65 or over, you may qualify if:
- you are
completely or mainly financially dependent on children or grandchildren living and settled in the UK
- you have
no other close relatives in your own country to help you
- your children or grandchildren
can support you without needing help from public funds, and
- your children or grandchildren
have enough accommodation, which they alone own or live in, where you can live without needing any help from public funds.
Immigration directorate instructions:
Chapter 8 - Family members: http://www.ukba.homeoffice.gov.uk/sitec ... schapter8/
Section 6 - Dependant relatives: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[...]
3. LEAVE TO REMAIN AS A DEPENDENT RELATIVE OF A PERSON PRESENT AND SETTLEMENT
The requirements to be met by a person seeking to remain in the United Kingdom in this capacity are set out in Paragraph 318 of HC 395 and
must be referred to when reading the following advice.
3.1. Key points
Caseworkers must satisfy themselves that the applicant:
-
is related to a person who is present and settled in the United Kingdom in one of the following ways:
- - mother or grandmother
who is a widow aged 65 years or over
- - father or grandfather who is a widower aged 65 years or over
- - a parent or grandparent
under the age of 65 living alone in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom
- - the son, daughter, sister, brother, aunt or uncle over the age of 18 if living alone in the most exceptional circumstances and mainly dependent financially on relatives settled in the United Kingdom;
- is
financially mainly dependent on the relative maintained and accommodated present and settled in the United Kingdom;
-
has no other relatives in his own country to whom he could
turn for financial support.
- can, and will be maintained and accommodated with any dependants
without recourse to public funds;
3.2. Further guidance
Where the
applicant is over the age of 65 detailed enquiries will not be necessary. However the sponsor should still be requested to complete a RON 112 (sponsorship declaration form).
Annex V - Parents and grandparents:http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[...]
2. CONSIDERATION OF APPLICATIONS
An applicant must demonstrate that he:
is financially dependent upon the relative who is present and settled in the United Kingdom. Evidence should be obtained of money remitted to the applicant by the sponsor, and of any other support the sponsor may provide. The
evidence should normally be in the form of international money orders or a letter from the bank confirming that money is transferred on a regular basis. Other support may be a house provided by the sponsor or rent from land or property owned by him. This
should be compared with any other financial support available to the applicant from other sources, including money given to them by other relatives not in the United Kingdom and any income received from land, property or a
pension. Consideration should then be given as to whether or not the
payments from the sponsor are essential to help the applicant achieve a reasonable life style;
Note: Joint sponsorship is not allowed (see Chapter 8 Section 8 paragraph 3.2.)
has no other close relatives to turn to in his own country. If there is a relative in the applicant's own country who is
able and willing to support him, then it would not be unreasonable to expect him to turn to that relative for support, even if the sponsor in the United Kingdom is financially in a better position to do so.
Close relatives may be sons, daughters, brothers, sisters, grandchildren, uncles, aunts, and possibly nephews, nieces, or in-laws. Alternatively
if there are several close relatives there is no reason why it cannot be a
collective ability among them to support the applicant.
Although the
onus is on the applicant to demonstrate that he has no close relative to turn to any refusal on that basis should be backed up with sound evidence that this is not the case. On occasions it may be necessary to make local enquiries (see ANNEX X - "Village visits").
Account should be taken of the
age and health of the applicants as well as the ability of other relatives to visit them regularly;
will be maintained and accommodated together with any dependants by the sponsor
without recourse to public funds. The sponsor must have the means to maintain and accommodate the applicant and he should be requested to
complete the sponsorship declaration attached to application form SET (F). The DSS can then take action to claim back any benefits which may be claimed by the applicant from the sponsor;
Chapter 15 - Entry for settlement: parents, grandparents, other dependant relatives (
http://www.ukvisas.gov.uk/en/howtoapply ... members#Q4):
[...]
If you are a parent or grandparent
under the age of 65, you may qualify if:
- you are
living in the most exceptional compassionate circumstances
- you are completely or mainly financially dependent on children or grandchildren living and settled in the UK
- you have no other close relatives in your own country to help you
- your children or grandchildren can support you without needing help from public funds, and
- your children or grandchildren have enough accommodation, which they alone own or live in, where you can live without needing any help from public funds.
Annex V - Parents and grandparents: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[...]
in the case of a parent or grandparent under the age of 65 that he is living alone in the most exceptional compassionate circumstances. Each application must be
considered on the individual merits of the case, it is therefore not possible to list every possible circumstance which may arise, however,
illness, incapacity, isolation and poverty are of all compassionate circumstances which should be considered.
Annex W - Other relatives: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
[...]
2. REQUIREMENTS OF THE RULES
Other relatives who wish to join a relative in the United Kingdom must not only satisfy each of the requirements of Paragraph 317, they must
also demonstrate that they are living alone in the most exceptional compassionate circumstances. Therefore such applications will have to be
decided on the individual merits of the case. As the majority of such applications will be from persons who are over the age of 18, but not necessarily
old and frail, the compassionate circumstances will need to be very strong. The circumstances will have to be such that the
applicant cannot function (either because of
illness or disability) without the help and support of friends or relatives and that
no such help or support is available to them in the country where they are living.
