ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

URGENT : Parents of an HSMP Spouse ....

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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

Locked
Sher
Member
Posts: 125
Joined: Wed Oct 20, 2004 11:06 pm
Location: Desh !

URGENT : Parents of an HSMP Spouse ....

Post by Sher » Sun Nov 07, 2004 10:42 am

Were I to be in the UK as the 'primary' HSMP applicant and my spouse as a 'dependent' ..... can my spouse's parents ( aged 66 and 58 ) be brought in too
(assuming that both of us have jobs and a healthy bank balance, without relying on public funds for them)

In other words, are parents of a 'secondary/dependent' HSMP applicant (with eligible points for skilled partner) also eligible for status as 'dependents' ?

Does anyone have experience with or knowledge about this technical issue?
nJOY !
may u grow by leaps and pounds !

:roll:

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Sun Nov 07, 2004 12:42 pm

Sher, You have asked the same questions quite a few times before.

http://www.immigrationboards.com/viewtopic.php?t=2184

http://www.immigrationboards.com/viewtopic.php?t=2159

http://www.immigrationboards.com/viewtopic.php?t=2089

Also note that there is no such thing as a secondary HSMP applicant. Yes, the HO would give you 10 points for a skilled partner (as that means that the partner might also work therefore reduce the risk of the couple being a burden to public funds) and will count towards the approval of your application. But thats about it. HSMP at no point imposes that the skilled partner needs to work.

Under normal circumstances your parents or your spouse;s parents will not be considered dependents. If you hold ILR or BC, then depedent visas for parents can be obtained if they are 65 and above. Only in extraordinary circumstances will you get dependent visas for your parents. Extraordinary circumstances need to be on compasionate grounds aided with compelling evidence.

Check out posts by other people on the same subject. In future, please do a search on the forums instead of repeating the same question multiple times. You may find answers to such questions have already been addressed before.

http://www.immigrationboards.com/viewtopic.php?t=325

http://www.immigrationboards.com/viewtopic.php?t=1193

http://www.immigrationboards.com/viewtopic.php?t=732

Sher
Member
Posts: 125
Joined: Wed Oct 20, 2004 11:06 pm
Location: Desh !

Thx for a great reply Wazirji

Post by Sher » Sun Nov 07, 2004 1:49 pm

Thx for a great reply Wazirji.

As per your reply, I understand that, under HSMP, there is no discrimination between the first and second (read, spouse) applicants' respective 'set of dependents'

In other words, on having fulfilled all required conditions, when one applies for one's parents, an immigration official cannot say : " Not granted 'cos you were not the first applicant to the HSMP programme ...... and a dependent yrself."

One gets the same sense with this home office rule :
http://www.ind.homeoffice.gov.uk/ind/en ... tives.html?

Am I right ?
nJOY !
may u grow by leaps and pounds !

:roll:

MWazir
Diamond Member
Posts: 1160
Joined: Wed Aug 25, 2004 5:41 pm
Location: London

Post by MWazir » Sun Nov 07, 2004 2:46 pm

Sher wrote:As per your reply, I understand that, under HSMP, there is no discrimination between the first and second (read, spouse) applicants' respective 'set of dependents'
Nope, I am only saying that there is no secondary applicant in an HSMP and therefore is no concept of secondary applicant's dependents. It is up to you to prove that your spouse's parents are dependent on you. If you are asking my personal opinion then I would say the chances of them getting a dependent visa based on your HSMP approval would be extremly remote for the following reasons (which are also mentioned in the link you have given)
I qoute from the same
You must currently live and be settled in the United Kingdom legally with no time limit on your stay
Unfortunatly the HSMP will come with a one year time limit with no gaureentee to be extended for a further three years (which in any case is a time limit)
you have enough money to support and accommodate them without help from public funds.
You will be coming to this country on HSMP and will just be starting a new life here i.e getting job, accomodating yourself. From the HO point of view, this would increase the chances of you being a burden on public funds.

You will have a better chance if you come to this country, get your HSMP extension, have a stable long term job, a great bank balance. Then be able to prove their are your financial dependents with no other close relatives to look after them. On compasionate grounds you might be able to achieve this but no sooner. That ofcourse is just my opinion.

After ILR, the "secondary applicant" line of thinking will not be neccessary. As your dependent once your spouse is granted ILR she will be able to get her parents (65+) as the ILR holder herself.

It seems to me that your thinking is focused towards secondary applicant because they are not your parents but the parents of your spouse. I agree it further complicates the matter that they are your spouse's parents. But hypothetically if your spouse was the one to apply for HSMP, you would still face the same problem as they would not be regarded as being ordinarily the dependents of the "first" applicant.
Sher wrote:In other words, on having fulfilled all required conditions, when one applies for one's parents, an immigration official cannot say : " Not granted 'cos you were not the first applicant to the HSMP programme ...... and a dependent yrself."

One gets the same sense with this home office rule :
http://www.ind.homeoffice.gov.uk/ind/en ... tives.html?

Am I right ?
Nope, the immigration official will say no such thing. He would however tell you that your parents or your spouse's parents are not your dependents.
Then you would say - ofcourse they are. They are financially dependent on me and I look after them in their old age and there is no other close relative to tend to their needs.
Then the immigration official would say ok i will have to speak to the HO about this. Give me as much documentation as you can to prove what you are saying and we will consider you case on compassionate grounds.

Locked