ILR for eldrly dependent tips

[InUkOnHsmp]

Hi Forum,

I am going to be applying for ILR end of next year, the next thing would be to apply for my parents as elderly dependents.

My father is a 65 years old retired government employee and receives a nominal pension per month. I take care of all major expenses, but there is no demonstrable proof of the same.

My mother is 58 years old and does not work and has no income at all and is totally dependent financially on my father and me.

Both my parents are suffering from severe illnesses, and need constant care and company, so its really critical I get them here to stay with me.

The only other sibling I have, is a sister who lives in a far-off city and cannot provide any financial support to my parents.

Can experienced members please comment, if there is a chance my dependent application may succeed? Is there something I can do in the coming year to gather evidence needed which I may be missing now, or to strenghten my case?

Would it be advisable to take help from immigration solicitors on this, as this may potentially become contentious?

Any other tips for this would be great.

Thanks in advance.

Regards

[InUkOnHsmp]

Any inputs experienced members? I am concerned about proving the financial dependence with my father getting a pension per month, and would also like inputs on what I can do in the coming year to make this a stronger case, like

* sending money to them every month for expenses, etc.
* any more that you can suggest?

[hmm]

There are two main things going to be against you..
1. father's pension. ECO might argue that they are not mainly or wholly financially depends on you.
2. Having a daughter living in the same country as them and possibly other relatives (parent's siblings, cousins, aunties, uncles, etc) too. Best to provide details of where they all live and why cannot they support them.

ECO might ask why can't they be stay over there and be looked after by a carer or a care home?

Keep records of the money you send to them and how it was used by them over there. Can they manage without your financial support?
Keep records of their medical records, visit to the doctors.
Records of your visit to see your parents, phone calls evidence, etc.

Good luck

[InUkOnHsmp]

Thanks for the inputs hmm, those are my exact concerns as well.

Would employing a solicitor for this help at all?

[Lucapooka]

You should at least talk to a lawyer who may charge a nominal consultancy fee, and a good honest one will tell you immediately if you stand any chance with this application and, if not, would not wish to take further payments for an application that has no merit under the immigration rules. Chain migration of the type you are attempting is not promoted or encouraged by the UK and is very difficult except in certain specific circumstances. Based on the limited and insufficient information you have provided, if someone says yes let's go ahead then you should view that decision as being based on garnering fees without regard to the possible success of the application. If they apply and are refused it will kill any chance of being issued a visit visa for the UK in the future.

[Son_of_Soil]

Hi there
I hope you can advise me on a similar case to teh above. Me and bother living in uk , recently got ILR. he lives with his wife and a 10 year old daughter. i am married but no kids.

My parents in india (mom 63, dad is 68 ) living own their own , with no pension or anything .me and my brother have been sending money on a regualr basis .i have a sis in india who is married and have two grown up kids, living with her inlaws. She dnt get to see my parents regualry.

Parents have no other source of income apart from me and my brother in the uk.

Could you please advise if i have a chance to bring them here permanently ? also the fees involved.

Regards

There are two main things going to be against you..
1. father's pension. ECO might argue that they are not mainly or wholly financially depends on you.
2. Having a daughter living in the same country as them and possibly other relatives (parent's siblings, cousins, aunties, uncles, etc) too. Best to provide details of where they all live and why cannot they support them.

ECO might ask why can't they be stay over there and be looked after by a carer or a care home?

Keep records of the money you send to them and how it was used by them over there. Can they manage without your financial support?
Keep records of their medical records, visit to the doctors.
Records of your visit to see your parents, phone calls evidence, etc.

Good luck

[Lucapooka]

Nobody can assess the chances of this based on the information given here. You need to talk to an immigration professional, giving all the relevant information about their life, situation, income and assets.

[Son_of_Soil]

Hi LucaPooka
Thanks for response
i went to see a soli yesterday and i forgot to ask him one thing
that
can me and my brother do a joint sponsership to bring parents here? me and him both been looking after them financially all thsi time.
just wanted to know your and any other experts thoughts on this.

Regards

Nobody can assess the chances of this based on the information given here. You need to talk to an immigration professional, giving all the relevant information about their life, situation, income and assets.

[ccinuk]

Hi Forum,

I am going to be applying for ILR end of next year, the next thing would be to apply for my parents as elderly dependents.

My father is a 65 years old retired government employee and receives a nominal pension per month. I take care of all major expenses, but there is no demonstrable proof of the same.

My mother is 58 years old and does not work and has no income at all and is totally dependent financially on my father and me.

Both my parents are suffering from severe illnesses, and need constant care and company, so its really critical I get them here to stay with me.

The only other sibling I have, is a sister who lives in a far-off city and cannot provide any financial support to my parents.

Can experienced members please comment, if there is a chance my dependent application may succeed? Is there something I can do in the coming year to gather evidence needed which I may be missing now, or to strenghten my case?

Would it be advisable to take help from immigration solicitors on this, as this may potentially become contentious?

Any other tips for this would be great.

Thanks in advance.

Regards

I have similar situation but my parents are perfectly healthy (for now) and I just want them to be close to me in the UK. Also, they are financially independent...am I to suffer or expect to "choose" between living with my husband in the UK or being close to my parents??

I have read through a bunch of posts and I am getting really discouraged. I was hoping that my parents could move to the UK in 2013 when my mom would be 61 and retired. My dad was made redundant last year at 59. They are both bored in the US on their own and I want them to sell their home and move to the UK to be near me. I also have siblings in the US but my parents want to be closer to me (not them).

What are the options, to just keep coming to "visit" for 6 mths at a time and hope they get in???? If they buy a home are they more likely to be able to "visit" regularly? I am not trying to "evade" the system, merely enjoy my right to be close to my family.

This is very stressful!!!

[Greenie]

I have similar situation but my parents are perfectly healthy (for now) and I just want them to be close to me in the UK. Also, they are financially independent...am I to suffer or expect to "choose" between living with my husband in the UK or being close to my parents??

I have read through a bunch of posts and I am getting really discouraged. I was hoping that my parents could move to the UK in 2013 when my mom would be 61 and retired. My dad was made redundant last year at 59. They are both bored in the US on their own and I want them to sell their home and move to the UK to be near me. I also have siblings in the US but my parents want to be closer to me (not them).

What are the options, to just keep coming to "visit" for 6 mths at a time and hope they get in???? If they buy a home are they more likely to be able to "visit" regularly? I am not trying to "evade" the system, merely enjoy my right to be close to my family.

This is very stressful!!!

"Being bored at home" is not a route to settlement in the UK. Your parents would need to be wholly or mainly dependent upon you and at least one of them would need to be over 65 or, would need to be living in the "most exceptional compassionate circumstances", they would also need to show that there are no other close relatives they could rely on in their home country, so the fact they you have siblings in the US is another factor.

You parents can visit for 6 months at a time but should generally not spend more than 6 months in any 12 here. I assume you mean would it be easier for them to visit here if they had a house - in my opinion no, if they sold their house is the US, and bought one here they would have a pretty tought job convincing an immigration office of their intention to return, and of the fact that they are genuine visitors.

[ccinuk]

So - I've been doing more reading and according to the UKBA site it says that if you are a non EEA family member and travel to the UK with an EEA Family member you can stay for 5 years as a resident and then apply to stay...so, why would a UK citizen not be able to have non EEA family members join them?

[Greenie]

So - I've been doing more reading and according to the UKBA site it says that if you are a non EEA family member and travel to the UK with an EEA Family member you can stay for 5 years as a resident and then apply to stay...so, why would a UK citizen not be able to have non EEA family members join them?

Put very simply, British citizens can only make use of the EEA route if they have been exercising treaty rights in the EU with their family members and then move back to the UK.

[greazedlightning]

Hi all,
I will be trying for my father's ILR soon. Can any of you please advise me what form of financial support proof will be required. I usually send money to my father using products such as remit2india. This does not show proof that the money I send using such a manner really reaches my father.

[Greenie]

Hi all,
I will be trying for my father's ILR soon. Can any of you please advise me what form of financial support proof will be required. I usually send money to my father using products such as remit2india. This does not show proof that the money I send using such a manner really reaches my father.

ILR can only be applied for from inside the UK? Do you mean ILE?

[greazedlightning]

Hi all,
I will be trying for my father's ILR soon. Can any of you please advise me what form of financial support proof will be required. I usually send money to my father using products such as remit2india. This does not show proof that the money I send using such a manner really reaches my father.

ILR can only be applied for from inside the UK? Do you mean ILE?

No - I mean Elderly dependant ILR. This needs to be applied from country of origin and cannot be applied from UK.

[Lucapooka]

..

[Greenie]

Hi all,
I will be trying for my father's ILR soon. Can any of you please advise me what form of financial support proof will be required. I usually send money to my father using products such as remit2india. This does not show proof that the money I send using such a manner really reaches my father.

ILR can only be applied for from inside the UK? Do you mean ILE?

No - I mean Elderly dependant ILR. This needs to be applied from country of origin and cannot be applied from UK.

Indefinite leave to remain can only be applied for from inside the UK as it is leave to remain . Indefinite leave to enter is applied for from outside the UK. They are essentially the same, the difference is from where the application is made.

[greazedlightning]

Hi all,
I will be trying for my father's ILR soon. Can any of you please advise me what form of financial support proof will be required. I usually send money to my father using products such as remit2india. This does not show proof that the money I send using such a manner really reaches my father.

ILR can only be applied for from inside the UK? Do you mean ILE?

No - I mean Elderly dependant ILR. This needs to be applied from country of origin and cannot be applied from UK.

Indefinite leave to remain can only be applied for from inside the UK as it is leave to remain . Indefinite leave to enter is applied for from outside the UK. They are essentially the same, the difference is from where the application is made.

Ok - Can Elderly dependant ILR be applied for my father from within UK?

[Greenie]

ILR can only be applied for from inside the UK? Do you mean ILE?

No - I mean Elderly dependant ILR. This needs to be applied from country of origin and cannot be applied from UK.

Indefinite leave to remain can only be applied for from inside the UK as it is leave to remain . Indefinite leave to enter is applied for from outside the UK. They are essentially the same, the difference is from where the application is made.

Ok - Can Elderly dependant ILR be applied for my father from within UK?

Only if your father is currently here with valid leave. If the intention is for him to settle here, he needs to apply for settlement from outside the UK, which, as already stated is called ILE not ILR.

[greazedlightning]

No - I mean Elderly dependant ILR. This needs to be applied from country of origin and cannot be applied from UK.

Indefinite leave to remain can only be applied for from inside the UK as it is leave to remain . Indefinite leave to enter is applied for from outside the UK. They are essentially the same, the difference is from where the application is made.

Ok - Can Elderly dependant ILR be applied for my father from within UK?

Only if your father is currently here with valid leave. If the intention is for him to settle here, he needs to apply for settlement from outside the UK, which, as already stated is called ILE not ILR.

My father is currently here in UK on a visitor's visa - is this what you mean by valid leave? He has intention to remain in the UK for the foresee able future but does not intent to settle in the UK.
Can he apply for ILR from UK?

[Greenie]

It is possible to switch from visitor visa to ILR under the elderly dependent relatives rule, but it is not advisable unless there has been a change of circumstances since your father applied for a visit visa stating his intention to return at the end of his visa.

If they are visiting the UK, then there should also be a change of circumstances if they want to apply for ILR. Else, they may be refused under 322(7) because of 41(i) & (ii).

[greazedlightning]

It is possible to switch from visitor visa to ILR under the elderly dependent relatives rule, but it is not advisable unless there has been a change of circumstances since your father applied for a visit visa stating his intention to return at the end of his visa.

If they are visiting the UK, then there should also be a change of circumstances if they want to apply for ILR. Else, they may be refused under 322(7) because of 41(i) & (ii).

Agreed with both Greenie and Vinny - the ideal way is to apply from outside the UK.
This is what UKBA also advised me when I called them now.

[greazedlightning]

Hi all,
I will be trying for my father's ILR soon. Can any of you please advise me what form of financial support proof will be required. I usually send money to my father using products such as remit2india. This does not show proof that the money I send using such a manner really reaches my father.

Can anybody please advise me regarding proof of financial support?

[Greenie]

Elderly dependent relative applications are scutinised very strigently so if you can't prove that the money goes to your father they won't think twice about refusing the application. I don't know about this method of payment so can't really comment on how you would prove this money goes to him. Is the money deposited into his account eventually?

[greazedlightning]

Elderly dependent relative applications are scutinised very strigently so if you can't prove that the money goes to your father they won't think twice about refusing the application. I don't know about this method of payment so can't really comment on how you would prove this money goes to him. Is the money deposited into his account eventually?

remit2india is a popular method of fund transfer. Funds eventually reach the destination account (after conversion to local currency)