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Alex Hughes
Alex Hughes, Solicitor Advocate
Category: UK Immigration Law
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Experience:  Partner in national law firm with 25 years legal experience
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Immigration (ILR for elderly dependent parents) and entitlement

Resolved Question:

Immigration (ILR for elderly dependent parents) and entitlement to benefits.

Hello,

I am a permanent resident of UK (but hold Indian passport). I had sponsored my elderly dependent parents (aged 72 and 64 respectively) and they came to UK in May 2009 on visitor's visa. We had applied for their indefinite leave to remain under paragraph 317 of immigration rules within UK in Aug 2009 which was granted in Nov 2009. I had to then give a maintenance undertaking and provide proof of funds and income to satisfy the requirements. However now the situation has changed drastically. Given the current economic climate, I no longer have a job and the kind of income I used to have in 2009. While I don't claim any benefits, but I want to enquire, if my parents can claim the benefits especially now my income has drastically come down which is not recoverable from me now or later? Please cite relevant legislation and rules.

Thanks and regards,
K
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Alex Hughes replied 1 year ago.
Hello and welcome to Just Answer.

My name is XXXXX XXXXX I'm happy to help with your question today.

Unfortunately paragraph 317 of the Immigration Rules makes it a condition that:

(iva) [the dependent] can, and will, be maintained adequately, together with any dependants, without recourse to public funds.

So, although you can certainly apply for assistance from the state, your parents cannot.

In any event, if they were to seek assistance they would have to provide evidence of entitlement, which they clearly would not be able to do due to restrictions imposed by the leave they have been granted.

Alex
Customer: replied 1 year ago.

Thanks for your reply.


 


But there should be a time limit on their eligibility to claim the benefit? Especially I can see that current undertaking is for 5 years.


 


http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/visas/sponsorship-form.pdf


 


However when I gave the undertaking in 2009, there was no time limit mentioned.


 


Ta


K

Expert:  Alex Hughes replied 1 year ago.
Thanks for the additional information.

It appears your undertaking was for 5 years but this will not expire until 2014.

I will review the regulations and see what the position will be after 2014.

However, their leave to remain was clearly granted on the basis of your undertaking.

Alex Hughes, Solicitor Advocate
Satisfied Customers: 2409
Experience: Partner in national law firm with 25 years legal experience
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