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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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I am British Citizen. I am the only child of my elderly parents

Resolved Question:

I am British Citizen. I am the only child of my elderly parents (both are in their late 70's) who have Indian citizenship. The have visited the UK several times. I am doctor (hosp consusltant in the NHS) and am able to support them in their old age financially as well as their health needs. I wish to apply for residence status for them. Is their any point in pursuing this because of the recent changes in the immigration law. Thanks very much for your help in this matter.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Awan-Legal replied 2 years ago.

Awan-Legal : Hi
Awan-Legal : The UKBA stance under the new rules which you will no doubt be aware is as follows:
Awan-Legal : Can you apply?You can apply to join a settled person in the UK if:You need long-term personal care to perform every day tasks, such as washing and cooking.The care you need is not available in the country where you are living, either because it is not available and there is no person in the country where you are living who can reasonably provide it or it is not affordable.Your sponsor can show that he or she is able to provide adequate maintenance, accommodation and care for you without having to rely on public funds. Your sponsor will need to sign a sponsorship undertaking form to confirm that they will be responsible for your care without relying on public funds for a period of at least 5 years.
Awan-Legal : http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/
Awan-Legal : The crux of the application is therefore that their health needs are so severe that they cannot be taken care of adequately in India and need the help and support of you in the UK. The difficulty as above is that it can clearly be financially catered for and there are likely to be health workers/maids etc who can provide this daily support in India.
Awan-Legal : I just need to do something but will get back to you shortly.
Customer:

Thanks. It looks like that there is not much point applying unless the rules change. Are there any other ways of applying for residency? Or the best bet would be to apply for a multiple entry visa for 5 years as they have visited the uk several times over the last 17 years. I am not really interested in public funds and am happy to take care of their medical and living expenses here.

Customer:

Also my younger child living in the UK has severe learning disability and epilepsy. My mum looked after him when he was younger and despite his limited understanding is quite attached to her. Is there any way this might help bringing them over?

Customer:

Will check your reply later. Many thanks for your help. Regards.

Awan-Legal :

Hi again - yes the rules are very restrictive - the only option is to wait on this basis as litigation is likely to arise at some point but could take a while so there are unlikely to be any changes just yet.


 


The good news is that there are no longer any limits on the number of visits to the UK due to recent case law on visitors so the 5 year multi visit visa may seem to be the best bet.


 


Unfortunately, there does not really seem to be another viable residency route (unless they have enough funds of £250,000 to invest into a UK business but would then have to invest this into and run the business over five years to obtain residency).

Awan-Legal :

I am sorry that the response cannot be more positive but until some challenges are brought forward and the law changes for the better, it is unlikely that most dependant parents will be able to apply under the new rules. Fortunately, you have the five year multi visit visa in the meantime.


 


Please do let me know if you need any more help and thank you for your patience.

Awan-Legal :

Kindly rate my answer ok or above.

Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and 2 other UK Immigration Law Specialists are ready to help you

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