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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6375
Experience:  BA (Hons), PgDip, Practising Solicitor
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HI, I am a British citizen and I was previously an Indian

Resolved Question:

HI,

I am a British citizen and I was previously an Indian citizen. My parents are Indian citizens. I would like to know about the options if any to get my parents to have residence in UK. Looking forward to your reply.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Do your parents require personal care to perform everyday tasks? etg washing/cookign etc..

Tom
Customer: replied 1 year ago.

Thanks for your quick reply.


 


No they dont need any help at the moment but they are obviously getting older.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that they are not automatically eligible for a visa to come here.

Parents of a UK national have only a limited right to apply for a visa. This is in the category of “Adult Dependent Relatives”, the eligibility criteria is on the following page:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/

You will see that they would be eligible only if they required long term care which they could not get in their own country, either because it’s not available or because there is no-one there to actually care for them on their behalf.

I assume that they do not have access to significant funds for investment in UK business (ie. £200,000.00) and on this basis they do not appear to be automatically eligible for any immigration category.

They only one that would not be automatically rejected would probably be a discretionary application outside of the traditional immigration rules. This is used in exceptional cases where they is a compelling human rights aspect to the case. I have to say that I do not see that argument here particularly in view of the fact that they have a visitor’s visas which permit multiple entries and so which afford them the chance to see you.

If the position in terms of care changes then it may be that an immigration application for a “adult dependent relatives” visa becomes a viable one but at the moment I am not at all optimistic.

I’m very sorry, I hope you are able to see that I have to be honest with you.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

Hi Tom,


 


Thanks for your reply.


 


I see there is an option where they need to invest £200K in a UK business. I am interested to learn more about that option. Can you please elaborate more on that and what is the visa called?

Expert:  Thomas replied 1 year ago.
Hi,

This would be a Tier 1 Entrepreneur Visa. This is a work visa for non-EEA nationals who wish to invest money in to UK business by starting a business here.

It's not a paper exercise. So, were they to apply to the visa then they woudl actually have to run the buusiness in the UK and demonstratte that they have done this to secure further leave to remain once the first visa has run out and then again to demonstrate the continuing success of the business (including job creation) in order to ultimately apply for indefinite leave to remain.

The page on eligibility for this visa is here:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier1/entrepreneur/eligibility/

See below on the first link that I posted for eligibility on extending this visa.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 1 year ago.

Thanks Tom.


 


I will have a good read through the links. Last few questions


- So the initial visa is 3 years and renew after that based on criteria satisfied? Renewal is for two years?


- I understand that after 5 years they can apply for indefinite leave to remain.


- Can they invest in any existing UK business? I assume that should be fine.


 


That should be all.


 

Expert:  Thomas replied 1 year ago.
Hi,

The first two points you have raised are correct.

It can be invested in to any uk business BUT the requirement to extend is that the applicant must be regsitered as a director of the business or be self empolyed (eg. if it was a partnership) SO you have to show that the applicant is actually working as part of the business.

That's what I mean about it not being a paper exercise - they have to be an entrepreneur, with all that entails effectively.

Please rate my answer.

Kind regards,

Tom
Customer: replied 1 year ago.

Thanks Tom, just another question on renewal that I could not figure out. Does the main applicant have to stay X days in the UK in the first three years? Or X days of the last 12 months in the UK?

Expert:  Thomas replied 1 year ago.
Hi

IN order to remain eligible for settlement they must spend at least 180 days in the UK in any 12 month period, so they would have to observe this.

Please rate my answer. You will agree I have more than answered your original question now.


Tom
Thomas, Solicitor
Satisfied Customers: 6375
Experience: BA (Hons), PgDip, Practising Solicitor
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