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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6511
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Expert, I am Russian national, but I have ILR in UK

Resolved Question:

Dear Expert,

I am Russian national, but I have ILR in UK and applied for UK citizenship (awaiting response). I am planning to bring my parents to live with me to UK. I know that immigration rules significantly changed in July 2012 re: parents. now it requires to prove that parents need care, like cooking, etc. and can't obtain it in the country of residence even with my financial help (according to Border agency website).

Although I could provide documnets demonstrating poor health of my parents, but it would be difficult to provie that there is no care available for them to cook for example, if I pay for that... so I am not sure how it could be proved.

on the other hand the property they live belongs to me. would it be possible to argument their "move" to UK based on my decision to sell the property, hence, they would have no place to live otherwise, but I am willing for them to live with me in UK? plus support of health-related docs?

thanks.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

How old are your parents? Do they have any health conditions?
Expert:  Thomas replied 1 year ago.
Hi,

Are you able to respond to the above post in order that I may provide you with an answer please?

Kind regards,


Tom
Customer: replied 1 year ago.

Tom, hi, sorry, I was away and did not have a chance to look at the service.


my mother is 65, my father is 63. they both have some health issues, e.g. my mother has been in hospitals for 3-4 times during last 2 years, and is scheduled for operation this Spring. I suppose we could get the necessary papers regarding care.


 


However my questions was slightly different. it was about if I were intended to sell the flat that I own (where my parents currently live) to be a valid argument in supporting my parents' settlement in UK with me?


 


I do have enough space, enough bedrooms for them in my current flat.


 


Thanks very much,


 


Maria

Expert:  Thomas replied 1 year ago.
Hi Maria,

Would you otherwise be able to support/accomodate them easily without any assistance from public funds?

I have a meeting now so will be able to answer in about 45mins..

Tom
Customer: replied 1 year ago.


yes, that's correct

Expert:  Thomas replied 1 year ago.
Thanks. 45mins..

Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The key issue, as you have correctly identified is that the care that they need is not available in Russia either because there is no person who can provide it (I assume there is not) or because it is not affordable.

If the only reason that they can afford the care that they get at the moment is because you pay for their accommodation then it becomes an interesting – but not straightforward situation.

However, if you were to sell the property and they could still afford accomdation and the care they require then they would plainly not be eligible to apply.

I shall assume from here that they can only afford the care because you pay the accommodation costs. This is the type of circumstance which tests the interpretation of the immigration rules, because the criterion does not appear to govern the actuation situation that exists in real life.

Frankly, this is the type of application that I could see getting rejected and then you having to go to appeal. Your evidence gets a much fairer hearing on appeal so you have a better chance of getting an approval on appeal than you do when you submit the application.

The difficulty is that presumably you would want to apply for the visa because you sell the property, so you would be arguing that they should be granted a visa because of circumstances that do not exist yet (ie. when you sell the property). This is going to be a point to attempt to get around.

Because of this complication it’s very difficult for me to give an indication of success. Really, the best advice that I could truthfully give you is to instruct a solicitor practising immigration law locally and ask them to evaluate the merits of success on the basis of receiving specific instructions from you and having access to the relevant documention.

I can say that it is likely to be a fight and you would have to pay quite a bit in legal fees (eg. £2000 + VAT and above).

I am sorry that I cannot be more definitive



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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
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