How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Alice H Your Own Question
Alice H
Alice H, Solicitor Advocate
Category: UK Immigration Law
Satisfied Customers: 2847
Experience:  Partner in national law firm.
Type Your UK Immigration Law Question Here...
Alice H is online now
A new question is answered every 9 seconds

Immigration (ILR for elderly dependent parents) and entitlement

This answer was rated:

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


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,
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.

Customer: replied 3 years 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.


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




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.

Alice H, Solicitor Advocate
Satisfied Customers: 2847
Experience: Partner in national law firm.
Alice H and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Thomas



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor
  • UK_Lawyer's Avatar



    Satisfied Customers:

    I am a qualified solicitor and an expert in UK law.
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Clare's Avatar



    Satisfied Customers:

    25 years hight street experience
  • A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    13 years specialist skill in UK Immigration & Nationality Law
  • Paul Richmond's Avatar

    Paul Richmond


    Satisfied Customers:

    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • Awan-Legal's Avatar



    Satisfied Customers:

    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.