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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6295
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello Tom Thank you for your prompt response. The other

Customer Question

Hello Tom

Thank you for your prompt response.
The other option I have is to wait until for another three years until my mother is over 65 years old.
Then my mother does not have to meet the strict medical criteria for the "most exceptional compassionate circumstances"
Will this option provide a better chance of being accepted?

Regards
Dan
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Dan,

Thanks for your patience.

The over 65 years of age element is less important under these new rules. You will note that on the previous link the requirement is simply that the person is over 18 years of age, rather then the previous 65.

I would say that the chances may be slightly improved by her reaching 65 but I would also say that the fact that she is not 65 years of age does not mean that she cannot apply.

The key criteria is her health and whether or not her health care needs are being met. E

Whether you apply now or in three years time I can still see the major area of dispute as being whether or not the care that she is receiving is actually sufficient or not and whether the optimum situation (ie. being with you) should be regarded as the primary determining factor

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Tom


 


Can the cost of her stay and treatment also be considered as a determining factor.


I pay over £350/month on my mohters stay at the facility.


As I am self-employed, the cost will be difficult to meet if my employment situation changes.


Can I argue that it would be much better financially for me my family to have my mother live with me.


Also I travel every 6 months only to meet her and check on her condition. The travel cost and loss of income is also a factor.


 


Regards


Dan

Expert:  Thomas replied 1 year ago.
Hi Dan,

If you are mainly financially responsible for her care at the moment then it is helpful to the application, yes.

You can present that argument in your application and you are likely to get some traction with it.

Again, you can also outline the travel costs and loss of income due to travelling to India as further monies that would be available to you to care for her in the UK. It will help to the extent that it shows that she is not likely to become a burden on public funds.

Kind regards
Customer: replied 10 months ago.

Hi Thomas


 


I have recently been told by a solicitor that all new applications made for settlement for Adult dependent relatives are being rejected in the past 10 months as the rules have been tightned.


Is there any way to confirm this from the home office?


Or is it considered confidential information and never disclosed.


 


Regards


Dan

Expert:  Thomas replied 10 months ago.
Hi

They have been a lot stricter sensible have been tightened, it is true.

They would probably not confirm that it is stricter, however you may be able to make a freedom of information request find out how many applications have been made and how many have been rejected.

Tom
Customer: replied 10 months ago.


Hi Thomas


 


I have been working in an EEA Country for the past 2 years.


So far I have been flying in and out and staying in hotels Monday to Thursday. This is because my wife and son live in UK and they do not wish to move abroad.


I have been thinking of applying for a family permit for my mother via the European route. This seems to be the safest option when compared to applying an ILR for my mother. I understand this will take 6 months start to finish. Then return to the UK.


Is this feasable as I am a UK National?


If so what is the process?


 


Regards


Dan

Expert:  Thomas replied 10 months ago.
Hi Dan,

This is probably a separate question, but I will be able to answer in about an hour.

Tom
Customer: replied 10 months ago.


Hi Thomas


 


As requested by you, I have raised a seperate question.


 


Regards


Dan

Expert:  Thomas replied 10 months ago.
Thank you, Dan..

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