Family Settlement - Parents from India to UK

[hirenvora]

Hi there,
I just wanted to know the process and requirements for permanent settlement of my parents (currently residing in India) to UK.
My dad is 67years and mom is 62years. Both I am financially supporting from UK as British citizen.

Do I need to meet any financial support requirement and does my parents have to pass Life in the UK/English test?

Can we make complete application/arrangement from here?

I would appreciate if someone can let me know.

Kind Regards
Ren

[MPH80]

Almost impossible to achieve. They need to be so unwell they require care to do the most basic tasks - like washing/dressing themselves. Then you need to show you can afford to support them for 5 years without recourse to public funds - but then you need to show you can't afford to hire local help instead (which is a catch 22 for somewhere like India where local help is cheap).

[ADAMALI]

My brother is a british national and he sponsored our parents, which been refused during 8th month (Oct 2014) of applying (Feb 2014), although website says that 100% applications get processed within 6 months. It was so disappointing. But good thing is that the refusal was on only one clause E-ECDR2.5. If you or your Solicitor can address strongly this point in advance in covering letter, like we now have done in the appeal and waiting for hearing date now.

In REPLY to above clause: No long term personal care is available in "Country ABC". As it’s a country which doesn’t have any such care service providers. Also there is NO such qualification been introduced which can enable people to provide any such long term personal care services to the vulnerable patients and there is no proper infrastructure for health services like here in UK. As sponsor (son of applicants) is supporting his parents (both applicants) financially and can’t afford any further expenses to export any such long term personal care for his parents. Also it’s not feasible anymore for sponsor (son of both applicants) to ask his friend to take his parents to hospital, when it’s required. The sponsor (son of applicants) having financial and job and other commitments here in UK (Mortgages and 1 year old son in UK etc…) which doesn’t allow him to visit them quite often. (It satisfies clause E-ECDR.2.5).

(Note: Medical certificates for both parents separate should prove and explicitly mentioned by Dr that they can't look after themselves bcaz of this and this conditions and need a family person's permanent and regular care on daily basis to perform her daily routine tasks.)

[ADAMALI]

Can anybody advise, when we appeal against the parents settlement visa, when court debit the payment from credit cards given on appeal forms as it's been over 4 weeks, card has not yet debited. Please advise what could be the reason???

[Wanderer]

How can he/you/whoever afford the financial undertaking for care in the UK if it cannot be afforded abroad?

[ADAMALI]

It's gonna be family person's care, not someone hired abroad for it abroad. And also in those countries there are no qualification/qualified ppl who r trained to deal with vulnerable ppl.

U can't simply trust any random/unknown person to hire for this purpose.

[Wanderer]

It's gonna be family person's care, not someone hired abroad for it abroad. And also in those countries there are no qualification/qualified ppl who r trained to deal with vulnerable ppl.

U can't simply trust any random/unknown person to hire for this purpose.

No, I mean you have to undertake to provide health cover for the dependents, which will cost a fair whack each especially with any pre-existing conditions, i'd imagine about a grand a month each....

[hirenvora]

So are you saying any Family member on family settlement like my parents cannot have any NHS health care? do I have to buy Bupa?
I am unsure as this seems to be so much complicated.
I wonder no one who is settled in the UK can bring their parents over to stay with them rather than living them alone in India.

Any help appreciated.

Thanks

[Wanderer]

Elderly parents must do more than simply show that they are over the age of 65.

The rules now state that they must “as a result of age, illness or disability require long-term personal care to perform everyday tasks…. and must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because-

(a) it is not available and there is no person in that country who can reasonably provide it; or
(b) it is not affordable.”

Additionally, the sponsor must give a five-year undertaking that they will maintain, accommodate and care for the relative without recourse to public funds – which means no NHS treatment. They must also show evidence that they have the funds to do so.

These applications will now need to be made with a large amount of evidence. There is something of a catch-22 here: if you are wealthy enough to provide private health care (as well as maintenance and accommodation) for a person who has a pre-existing medical condition, then presumably you would be wealthy enough to have the relative cared for privately in their own country. There will have to be a reason why, even with practical and financial help, the relative needs to be cared for in the UK.

[michali]

Wanderer, are you sure 'no recourse to public funds' includes NHS ? If that were so, nobody on spousal visa and other similar visas would be able to get NHS treatment either.

[hirenvora]

[quote="Wanderer"][quote]Elderly parents must do more than simply show that they are over the age of 65.

The rules now state that they must “as a result of age, illness or disability require long-term personal care to perform everyday tasks…. and must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because-

(a) it is not available and there is no person in that country who can reasonably provide it; or
(b) it is not affordable.”

Additionally, the sponsor must give a five-year undertaking that they will maintain, accommodate and care for the relative without recourse to public funds – which means [b]no NHS treatment[/b]. They must also show evidence that they have the funds to do so.

These applications will now need to be made with a large amount of evidence. There is something of a catch-22 here: if you are wealthy enough to provide private health care (as well as maintenance and accommodation) for a person who has a pre-existing medical condition, then presumably you would be wealthy enough to have the relative cared for privately in their own country. There will have to be a reason why, even with practical and financial help, the relative needs to be cared for in the UK.[/quote][/quote]

Are you in this field? as I think we may have to show we have reasonable funds to cover private medical But I don't think once visa is granted they will have any problems in having NHS. Similar to Student Visa and Spouse Visa. I can imagine they may not be able to claim any other public funds like JSA, PENSION etc. Pls correct me if anything incorrect.

[CR001]

@Hirenvora - it is an incredibly difficult visa to obtain since the rules changed in July 2012 and if you choose to take the risk and your parents settlement visa is refused, any future visitor visa applications will also be refused as their intention to settle will be known.

Link below is the caseworker guidance for these applications :

https://www.gov.uk/government/uploads/s ... FM-6.0.pdf

There have been exceptionally few approvals of these visas in the last 2.5 years (2 to 4 that we know of).

Link below is the Statement of Intent issued in July 2012, refer to page28 for Adult Dependent Relatives

https://www.gov.uk/government/uploads/s ... am-mig.pdf

[ADAMALI]

***********************************************
WITHOUT RECOURSE TO PUBLIC FUNDS
***********************************************
It doesn't include NHS. Anyone who got at-least 6 months or above visa for UK can have access to NHS treatment...
Public funds’ refers to a specific list in the Immigration Rules of benefits and other payments as listed below:
-From 1 April 2013, the Immigration Rules list ‘public funds’ as:

Help with housing from the local authority
Child benefit
Council tax reduction
Domestic rate relief (in Northern Ireland)
Council tax benefit
Disability living allowance
Housing benefit
Income support
Income-based jobseeker’s allowance
Income-related employment and support allowance (ESA)
Severe disablement allowance
Social fund payments
Child tax credit
Working tax credit
State pension credit

NHS is freeee....

[michali]

That might change this coming year!

[secret.simon]

NHS services are free in specific circumstances only.

The Scottish Government guidance http://www.scotland.gov.uk/publications ... 14162503/4 lists specific circumstances when overseas visitors get free NHS services and when they do not. While the guidance is specific to Scotland, the rules for the rest of the UK would not be very different. In fact, to the best of my knowledge, the rules for Scotland are more liberal/permissive compared to the rest of the UK.

Definition - Family Member

In the context of exemption from NHS charges "family member" for the nationals of countries outwith the European Economic Area and Switzerland refers to the entitled person's spouse, registered civil partner and children (if under the age of 16, or 19 if still at school) . Older children, parents, siblings and other family members are not "exempt from NHS charges" unless they have a right of abode in their own right, or have been granted Home Office leave to reside permanently in the UK with an entitled person acting as their sponsor.

I would interpret "leave to reside permanently" as meaning ILR. Right of Abode, of course, is something only available to British Citizens or Commonwealth Citizens who settled in the UK before 1971.

To the OP, harsh as it may seem, the intent of the Government was to avoid migrants of working age being anchors to bring in their economically inactive parents along, especially given that the population of the UK is aging anyway and the reason to allow immigration is to bring in more workers to support the people who have retired.

[Petaltop]

NHS is freeee....

That was changed by a new law passed in 2014. UK said it will not be generous with the NHS anymore. In 2015, NHS will not be free anymore for those without UK citizenship or ILR. Free treatment in A&E will end too. Your parents will be refused treatment if they don't pay, when the NHS changes under the Immigration Act 2014 starts.

Only their visit to a GP will remain free to safeguard the UK. Birth pills and STD treatment will remain free under this Immigration law. Any medication your parents get prescribed, you will need to pay the full cost for every item (not at NHS rates).
http://www.bbc.co.uk/news/uk-politics-28291276

If you can't afford to pay for your parents treatment in your own country, how will you be able to afford their health costs in the UK?