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Settlement Application for ageing parents

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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vinaya
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Joined: Wed Apr 20, 2011 11:17 am

Settlement Application for ageing parents

Post by vinaya » Wed Aug 08, 2012 11:21 am

Hi

My Mum and Dad are currently in the Uk as family visitors, and I am the only child.

I would like to apply for their settlement in the UK since they have no one to take care of them except myself. They do not have any major medical problems. We have decided to spend time and live together in the UK. Both of them are over 65.

Is this possible, can someone point me in the right direction? Also, can I apply for this in the UK, now that they are here as family visitors?

Please let me know. Thanks.

Lucapooka
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Post by Lucapooka » Wed Aug 08, 2012 11:49 am

They can't apply from inside the UK. They need to meet the following requirements.

http://www.bia.homeoffice.gov.uk/visas- ... dependent/

You can apply to join a settled person in the UK if:

You need long-term personal care to perform every day tasks, such as washing and cooking.
The care you need is not available in the country where you are living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.
Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds. Your sponsor will need to sign a sponsorship undertaking form to confirm that they will be responsible for your care without relying on public funds for a period of at least 5 years

ryan2020
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Posts: 439
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Location: England
Pakistan

Post by ryan2020 » Wed Aug 08, 2012 11:59 am

Lucapooka wrote:They can't apply from inside the UK. They need to meet the following requirements.

http://www.bia.homeoffice.gov.uk/visas- ... dependent/

You can apply to join a settled person in the UK if:

You need long-term personal care to perform every day tasks, such as washing and cooking.
The care you need is not available in the country where you are living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.
Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds. Your sponsor will need to sign a sponsorship undertaking form to confirm that they will be responsible for your care without relying on public funds for a period of at least 5 years

good info - I didnt knew that you can bring your parents like this . thanks lucapooka

wpilr_nov12
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Post by wpilr_nov12 » Wed Aug 08, 2012 12:01 pm

-- edited - as corrected by another learned person.
Last edited by wpilr_nov12 on Wed Aug 08, 2012 12:21 pm, edited 1 time in total.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Lucapooka
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Location: Brasil

Post by Lucapooka » Wed Aug 08, 2012 12:04 pm

ryan2020 wrote:good info - I didnt knew that you can bring your parents like this . thanks lucapooka
I think it's more of a case that you can't bring your parents unless their situation is like this. Basically, it's incredibly difficult. There is nothing to stop the person who originally asked this question from hiring a maid or nurse to assist them with their daily needs in their current location. The UK does not permit chain migration unless the circumstances are of an extreme compassionate nature.

Lucapooka
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Post by Lucapooka » Wed Aug 08, 2012 12:10 pm

Wrong rules! Those are the old requirements. The new rules are much more onerous.

http://www.ukba.homeoffice.gov.uk/polic ... relatives/

ryan2020
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Post by ryan2020 » Wed Aug 08, 2012 12:12 pm

Lucapooka wrote:
ryan2020 wrote:good info - I didnt knew that you can bring your parents like this . thanks lucapooka
I think it's more of a case that you can't bring your parents unless their situation is like this. Basically, it's incredibly difficult. There is nothing to stop the person who originally asked this question from hiring a maid or nurse to assist them with their daily needs in their current location. The UK does not permit chain migration unless the circumstances are of an extreme compassionate nature.
I understand. he is not asking MIAD. he wants his parents to live with them.

recently i have heard one friend's friend mother was here in UK on visit visa and his ILR is approved now. He applied through solicitor.

So any thing is possible. That what are solicitor for.

Lucapooka
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Post by Lucapooka » Wed Aug 08, 2012 12:24 pm

Recently being before 9th July this year! However, as you say, anything is possible and we know absolutely nothing about the circumstances under discussion here. All we can do is cite the new rules and leave it at that.

I know he is not asking for a maid but that is perhaps what the UKBA will suggest as the solution. The care they need is clearly available in their country. That care being relatively cheap home help (very common in such locations) rather than complex medical care that does not exist in that location. Please study the wording of the new (not the old) rules.

ryan2020
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Post by ryan2020 » Wed Aug 08, 2012 12:41 pm

good - point to consider. again its the solicitor who makes the story i believe.

Well about the changes , one has to take stand but who will take stand and fight in Supreme court.

They are changing rules for UK benefits not for immigrants.

I'm surprised how so many original HSMP people gather and won a case and get ILR easily. No need to show income,bank statement, earnings etc.

On opposite on Tier 1 rub their Axxes to meet the criteria for earning. is that fair ?

When they change the rules to Tier1 who take a stand no one ? same as 9th July one as well. from now they will keep changing the rules.

I'm worried for the people who got Tier 1 in 2010 i.e they will get ILR in 2015 and I don't know what will be the rules in 2015. i can just imagine how they will suffer.

vinaya
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Post by vinaya » Wed Aug 08, 2012 1:35 pm

Thanks for all your responses.

The situation is that we want to live together, My parents do not need any medical care as they are healthy and mobile........guess this is going to be difficult for me.......I thought I could use age as a reason and I am the only child.

I do not want to apply unless I am fully convinced it will be successful as this might affect their future visit visa application. Thanks, all i can do is contemplate, unless comeone comes up something really conclusive.

Thanks once again for all ur responses.

Lucapooka
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Post by Lucapooka » Wed Aug 08, 2012 3:13 pm

vinaya wrote:
I do not want to apply unless I am fully convinced it will be successful as this might affect their future visit visa application.
It will; failed settlement applicants subsequently have enormous difficult getting visit visas! You are right to be cautious. Seek professional counsel from a reputable advisor who is not motivated by the chinking of your purse but will make an honest appraisal based on the exact circumstances. A good person should be able to tell you immediately whether such applications have any merit under the new rules or should be discounted.

vinaya
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Posts: 91
Joined: Wed Apr 20, 2011 11:17 am

Post by vinaya » Thu Aug 09, 2012 10:04 am

Thanks Lucapooka....yup dont want to risk it at all...any reputable advisor you know of please?....or any recommendations from any other members? Thanks

singhengr
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Post by singhengr » Mon Feb 04, 2013 11:22 am

vinaya wrote:Thanks Lucapooka....yup dont want to risk it at all...any reputable advisor you know of please?....or any recommendations from any other members? Thanks
Hi Vinaya

I am just wondering if you applied ILR for your parents and if yes, what was the outcome? I am in same situation and don't want to risk my parent's visitor visa in case of failed application.

Regards

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