Thanks again for your question.
I have to go out for the remainder of the afternoon now so I will answer assuming that you are foreign nationals (eg. US citizens) and are not financially dependent upon contributions from your daughter to meet your living costs at present.
if this is not the case then please state and I will be able to answer at around 7.15 BST.
I'm afraid that it's not as simple as you might expect. In order for parents to settle in the Uk on the basis of their UK children they have to show that they are wholly or mainly financially dependent (ie. More than half their income) upon their children to meet the costs of living.
This being the case you would not be able to apply on this basis. If you are not working then the possibility of a worker visa is out of the question too.
This leaves you with two alternatives:-
- 1) Discretionary application for leave to remain - this is outside the traditional immigration rules and you would effectively be asking the UKBA to exercise their discretion on the particular facts of your circumstances. You would have to show that you wish to invest in a property in the UK, contribute to the economy and, most importantly, show that neither of you will need to access public funds and can support eachother for the remainder of your time in the UK financially.
You would certainly need a UK immigration solicitor to draft the application for you because it is very specialised. If you can do the above then you may have a small chance of obtaining leave to remain. It would cost around £1500+VAT for a solicitor to do this for you.
- 2) Apply for a multi-entry visitor's visa. This is much more likely to be successful. This is a visitor's visa valid of a longer period of time (eg. 2, 5 or 10 years) which allows you multiple entries to the UK within the time for which the visa is granted. However, you would not be permitted to spend more than 6 months in any 12 month period in the UK.
I appreciate that this is probably not what you wished for or expected but access permanently to the UK is very restricted in the case of foreign nationals wishing to retire here. The best thing you can do is instruct a solicitor to act on your behalf to give you the best possible chance of being granted leave to remain. In both cases it is crucial to show your compelling family ties to the UK because of your daughter/grandchildren.
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