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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I am a UK citizen trying to bring my Mum into the country from

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I am a UK citizen trying to bring my Mum into the country from South Africa. She is 87 years old and now needs looking after. She will be looking for a residential home (i.e. she will not be staying with me) and should be able to support herself financially. She has no ancestral heritage in the UK. I have been told that if the person is of independant means (financially) they will not be allowed to emmigrate. However, she is finding it difficult to get around (physically) and emotionally she needs her family near her. Her only other child is my brother and he lives in Australia. My dad passed away 7 years ago. How do I go about applying for her to stay in the UK?

Hi,

 

The criteria to obtain a elderly dependents visa is as follows

  • She is a widowed grandparent over 65 years of age (ie. birth certificate, death certificate, passport)
  • She is completely or mainly financially dependent on his children or grandchildren (his financial records, your financial records of transfer of money to him)
  • She has no close relatives in his own Country to help him (statements from him, perhaps others)
  • Her children/;grandchildren can support him without needing help from public funds (evidence of your housing/assets/income which is to assist him)
  • Her children/grandchildren have enough accommodation which they alone own or live in where he can live with the need to access public funds (land registry title documents, tenancy agreements, statements from you all)

Plainly the difficulty is that she is not financially dependent on you so it would be refused initially and you would be given leave to appeal the application. The power to grant visas is discretionary so if you can show there are exceptional circumstances (ice. her health, that she needs family to emotionally support her rather than simple care treatment that she could pay for) then you may have a chance on appeal.

 

It won't be easy and you will need to instruct a solicitor to prepare the application and act for your throughout the process to give you the best possible chance of success.

 

They would have to complete Form VAF4 - Settlement. It would be best for an immigration solicitor to prepare it for you here before sending it to your grandmother to submit.

 

 

You can find Uk immigration solicitors through the following Law Society Website search engine:-

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom

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