How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6375
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am emailing this on behalf of my elderly parents. My father,

Customer Question

I am emailing this on behalf of my elderly parents.
My father, a South African citizen and passport holder, has been married to my mother for nearly sixty years.
My mother is a British citizen and UK passport holder. She was born and married in Britain.
Does my father need a UK visa?
I have emailed the authorities and received a reply but I am still confused. They refer to EEA national and British national. I'm not sure which category my mother falls under - can you explain?
Many thanks for any information you are able to give.

Bernadette van Leeuwen
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Good morning Bernadette,

 

What is the purpose of the intended travel - visit, or to settle permanently in the UK?

 

Tom

Customer: replied 3 years ago.
They merely wish to visit my mother's sister who is sickly and turning 90 in April. This visit will be a maximum of approx 10 days.
Expert:  Thomas replied 3 years ago.

Bernadette,

 

Thanks for your reply. The position is that if you are not intending on settling permanently in the UK then he will have to apply for a visitor's visa in the normal way.

 

If they intended now or in the future to settle permanently in the UK then he could make an application to the embassy immediately for indefiniate leave to remain in the UK on the basis of the length of their marriage. Settling permanently is a pre-requisite for this, they cannot use it for their purposes.

 

Instead, he must make an application for a visitor's visa to the nearest British Embassy.

The eligibility criteria for a visitor's visa is as follows(as I am sure you are aware0, is that you need to show that:-

  • He wants to visit the UK for no more than six months;
  • He intends to leave the UK at the end of your visit;
  • He has enough money to support himself during his stay in the UK without working or needing help from public funds

You have to try and show them that he has continuing obligations in the SA which will continue after his visit and therefore convince them that he is not a risk of overstay. Things like a letter from his employer stating he has a job (if he has one) and are expected to return to continue that job, evidence of continuing accommodation (eg. tenancy agreement of evidence of ownership of a property, bank statements showing the money he has available).

 

You should be able to do the above fairly easily, in view of his age he will not be viewed as a high risk category.

 

 

If there is a person in the UK (ie. you possibily?) who will be assisting you during your intended stay then to assist their application you can go to a local solicitor to draft a sponsorship declaration in which you state the terms of his visit, the reasons, that they are to return at the end of their visit, that you shall accommodate them (if you are)and shall pay the costs of any unforeseen expenses that should occur during his stay so that they will not need to access public funds.

 

This should cost around £50+vat and you can find immigration solicitors via:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

As I say, chances are that he will be view as a low risk of an overstay and I would be reasonably optimistic that he could obtain a visitor's visa without the need for a sponsorship declaration provided his applicaiton is well prepared and evidenced.

 

Details on how to apply here:-

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf2visitors

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Still need to know what is the difference between British national and EEA national and which category does my mother fall under. According to British visa info there is payment for one category but not the other.

Thanks

Expert:  Thomas replied 3 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience