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Specific experience with elderly dependant relatives

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Mike London
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Joined: Mon Apr 11, 2011 12:38 pm

Specific experience with elderly dependant relatives

Post by Mike London » Tue Oct 30, 2012 6:05 pm

The new rules regarding elderly relatives seem contradictory almost on purpose, so as to completely free the hands of consular officers in who to let in and who not to. In fact, if the rules are followed to the letter, it seems hardly anyone will ever get in. Which means they'd need to inevitably relax the interpretation of the rules in specific cases, or else see court cases that will challenge the new rules as completely contravening EU laws regarding family reunions.

Some specific points:

1) They should be unable to wash themselves or cook for themselves. But the point here could be that if they are at that state already, in many countries / regions they'd be unable to make the required trip to the embassy for visa processing, and further on to the UK even if the Entry Clearance is granted.

2) Is local care available or not. There's almost always an argument that any care can be made available if sufficient money is there, except in some extreme circumstances. SO, if the UK sponsor has the means, they are expected to finance such care in the home country of the dependant. If not - then they fail under point

3) sufficient funds should be available so that the dependant is not a burden on public funds.

Somehow I have a feeling it will either be challenged successfully in courts, or it will be implemented at the discretion of local consulate officer.

I think it would be interesting to share any specific experiences of approvals / denials of entry clearance under the new rules, or any court cases so that we can form a circumstantial understanding of where this new process is.

Thanks in advance who cares to share their direct experience, or someone else's that they are familiar with.

Lucapooka
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Location: Brasil

Post by Lucapooka » Tue Oct 30, 2012 9:01 pm

I don't know of any successful applications yet cited on this forum so you may be in for a long wait.

Mike London
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Post by Mike London » Wed Oct 31, 2012 4:41 pm

Lucapooka wrote:I don't know of any successful applications yet cited on this forum so you may be in for a long wait.
It's exactly what I expect - we may even have to wait 'till 2013 for this, because people might just sit and wait for things to develop before wasting £2k on an unsuccessful application.

Still, I felt the earlier we establish this as a topic (a sticky, perhaps?), the more chances someone will share... Thanks!

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Wed Oct 31, 2012 4:54 pm

It's not only about wasting the application fee; a failed application to settle with eliminate any chance of a visit visa in the future, so you better be pretty sure of your chances before applying.

Mike London
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Post by Mike London » Thu Nov 01, 2012 4:34 pm

Lucapooka wrote:It's not only about wasting the application fee; a failed application to settle with eliminate any chance of a visit visa in the future, so you better be pretty sure of your chances before applying.
Good point, thanks!

varre_v
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elderly dependant relatives

Post by varre_v » Thu Jan 17, 2013 2:42 pm

Hello Guys,

Is there any update on whether any chances of bringing parents over here? I am in the same boat, currently on ILR and want to bring my mother over here. But biting nails thinking whether they will approve or not...

The rules are very harsh, inhuman, immoral and very disappointing....There is a e-petition filed against these rules. Can you all sign that so that we can strengthen our case?

Please feel free to forward the e-petition to any one who is in need of the same.

http://epetitions.direct.gov.uk/petitions/36798

vinny
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Re: Specific experience with elderly dependant relatives

Post by vinny » Wed Jun 05, 2013 3:34 am

Mike London wrote:The new rules regarding elderly relatives seem contradictory almost on purpose, so as to completely free the hands of consular officers in who to let in and who not to. In fact, if the rules are followed to the letter, it seems hardly anyone will ever get in.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ADR_Challenge
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Re: Specific experience with elderly dependant relatives

Post by ADR_Challenge » Wed Jan 29, 2014 6:00 pm

Hi, I thought this information could be useful to some people who have been posting in this thread. I hope it is helpful and look forward to seeing you at the next meeting!

The Joint Council for the Welfare of Immigrants (JCWI) is currently undertaking research, funded by the Strategic Legal Fund (SLF), to investigate the impact the July 2012 family immigration rule regarding Adult Dependent Relatives is having on families in the UK, with the ultimate aim of launching a legal challenge
As a result of the rule changes, it is now near impossible for British residents and citizens to bring a non-EEA adult relative who is dependent on them for care to live with them in the UK.
From our initial contact with families we have found that, as a result of this rule, children are being denied important contact with grandparents, families are struggling to cope with the joint burden of childcare and remittances sent to elderly relatives abroad, and many families are facing tough decisions about whether to relocate in order to care for their elderly relatives, thereby uprooting their lives in the UK. For more information about the immigration rules and our research, please see our website: http://jcwi.org.uk/policy/adult-dependent-relatives
We want to hear from affected families, in order to put together a research document that highlights the plight this rule is causing. Please download a questionnaire from our website, or get in touch by emailing adr@jcwi.org.uk

We are organising public meetings across the UK (Birmingham, Edinburgh and London) in order to reach out to affected families, providing them with information about the rule changes, as well as advice and information about our research and how we aim to challenge this Immigration Rule.

The next meeting is tomorrow, 30 January 2014 at Usurp Art Gallery in Harrow, starting at 6pm email adr@jcwi.org.ukif you would like to attend.
Our follwing meetings will be held in:
Edinburgh 20th Febuary 2014, Quaker Meeting House
London, 27th February 2014, Whitechapel

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