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ILR for elderly dependants form

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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1234567
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ILR for elderly dependants form

Post by 1234567 » Sun Aug 30, 2015 6:00 pm

Hi,
Can someone tell me which form to use for indefinite leave to remain for elderly dependants over the age of 65. applying from UK?

Thank you

secret.simon
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Re: ILR for elderly dependants form

Post by secret.simon » Sun Aug 30, 2015 6:34 pm

On what basis do they qualify? Are they currently in the UK and if so, on what basis? Or do you mean that they are outside, but that you will apply for them from within the UK?

Also read this thread by Amber.
Last edited by secret.simon on Sun Aug 30, 2015 6:37 pm, edited 1 time in total.

1234567
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Re: ILR for elderly dependants form

Post by 1234567 » Sun Aug 30, 2015 6:37 pm

They are here as visitors however, they cannot return as there is no one to look after them.
They are able to meet all the necessary requirements.

I just need to know which form I need to fill in for them to obtain ILR

Hope you can help.

Thank you very much

1234567
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Re: ILR for elderly dependants form

Post by 1234567 » Sun Aug 30, 2015 6:38 pm

They are currently in the UK and would like to apply from here

secret.simon
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Re: ILR for elderly dependants form

Post by secret.simon » Sun Aug 30, 2015 6:43 pm

I am not sure that they can switch from visitor visa to ILR. I think they will be required to return to their home country to apply for ILR.

Normally, visitors can not switch to any immigration route from within the UK. They must do it from their home country.

Also, have you read the rules on Adult Dependant Relatives? It is the toughest visa category to apply under with only 34 visa granted under that category since July 2012. Of those, most were granted to people who had applied before July 2012 or had to undergo a long appeals process.

secret.simon
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Re: ILR for elderly dependants form

Post by secret.simon » Sun Aug 30, 2015 6:43 pm

1234567 wrote:They are currently in the UK and would like to apply from here
They don't get that choice.

1234567
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Re: ILR for elderly dependants form

Post by 1234567 » Sun Aug 30, 2015 6:49 pm

Thank you for your reply.

I have been doing some research and on many websites it says I can use form Set(f) to apply for ILR from within the UK?

is this correct?

Although I totally understand what you are saying about it being very difficult and rare

Thank you

secret.simon
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Re: ILR for elderly dependants form

Post by secret.simon » Sun Aug 30, 2015 6:53 pm

Can you post a couple of links to these sites?

1234567
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Re: ILR for elderly dependants form

Post by 1234567 » Sun Aug 30, 2015 7:12 pm

http://www.spammer.co.uk/ukba ... setf.jsp#3
This is the website I have come across.

have also been told by a solicitor that it is possible to apply from UK.

Just wanted to know if SET(F) is the correct form

secret.simon
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Re: ILR for elderly dependants form

Post by secret.simon » Sun Aug 30, 2015 7:18 pm

Doesn't seem to be form SET(F). It specifically states

Indefinite Leave To Remain In The UK as a Child Under the Age of 18
(A Child over 18 may also be Eligible, See Section 23 of The Guidance Notes) and a Biometric Immigration Document

The Guidance Notes states:

For Which Applications Must You Use Form SET(F)?
Form SET(F) must be used to apply for indefinite leave to remain in one of the following categories:
- Child under the age of 18 of a parent or parents or a relative present and settled in the UK
- Adopted child under the age of 18 of a parent or parents present and settled in the UK
- Child aged over 18 of persons present and settled in the UK
You must be in the UK to apply.

2. Qualifying For Indefinite Leave To Remain
To qualify for indefinite leave to remain in the categories for which you must use form SET(F), you must meet the requirements set out in the following parts of the Immigration Rules:
Part 8, Section 2 - Child under the age of 18
Part 8, Section 3 - Adopted child under the age of 18.

So, almost certainly it is not SET (F).

You could try SET (O), which covers "Other purposes/reasons not covered by other application forms".

You may also want to read the following;

https://www.gov.uk/join-family-in-uk/eligibility

https://www.gov.uk/remain-in-uk-family

My feeling is that your research has led you to the rules in place before July 2012, which allowed parents to get ILR immediately. Now, not only is it difficult to get a family visa for them, it does not give them ILR, but limited LR for a renewable 2.5 year period. They will need to renew it four times (for a total of 10 years before becoming eligible for ILR. Remember that when applying for limited LR, they will also need to pay £500 per application to ensure access to the NHS.

If either your partner or you are a British citizen, look into exercising the Surinder Singh route (google it). I see absolutely no hope for you under the UK Immigration Route.
Last edited by secret.simon on Sun Aug 30, 2015 7:26 pm, edited 1 time in total.

secret.simon
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Re: ILR for elderly dependants form

Post by secret.simon » Sun Aug 30, 2015 7:22 pm

1234567 wrote:have also been told by a solicitor that it is possible to apply from UK.
It is possible to apply for, but practically impossible to get ILR in the circumstances that you list.

Did you not ask the solicitor for the form?

1234567
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Re: ILR for elderly dependants form

Post by 1234567 » Sun Aug 30, 2015 7:30 pm

Thank you very much for your help.
I will take a look at the links

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Re: ILR for elderly dependants form

Post by Obie » Sun Aug 30, 2015 8:12 pm

I believe SET (O) would have been the most appropriate if your parents qualify, but the problem is, I don't think they will meet the fundamental requirements.
Smooth seas do not make skilful sailors

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Re: ILR for elderly dependants form

Post by AUHS » Sun Aug 30, 2015 8:19 pm

And Also bear in mind that if they apply and got refused then getting Even Visit visa again will be next to impossible .

secret.simon
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Re: ILR for elderly dependants form

Post by secret.simon » Sun Aug 30, 2015 8:25 pm

AUHS wrote:And Also bear in mind that if they apply and got refused then getting Even Visit visa again will be next to impossible .
I did forget this point.

A visit visa requires you to prove that you do not have strong links to the UK and that you have such strong links to your home country that you will return at the end of your visit visa.

A settlement visa requires you to prove essentially that you are settled in the UK.

Given that you have claimed (by applying for a settlement visa) that you wish to settle, a visit visa can never be granted in the future as you have proven that your parents do not have strong enough links to the home country.

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Re: ILR for elderly dependants form

Post by Casa » Sun Aug 30, 2015 9:07 pm

As others have already advised, this route to settlement for elderly dependent parents has become so tough, it is almost impossible. Even more so when they are attempting to switch from a visitor visa from within the UK, which is prohibited.
How will you justify how they have both deteriorated while they have been here on holiday, to the extent that neither of them is now able to manage simple daily tasks without 24 hour care? Can you also prove that although you can afford to support them financially in the UK, you would be unable to afford to do so in their home country? These points are crucial to your application.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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