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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Male 64 and spouse 62 wish to move to Yorkshire to live close

Customer Question

Male 64 and spouse 62 wish to move to Yorkshire to live close to daughter and 4 beautiful British children. Do not anticipate looking for skilled employment. Retirement likely.
1. Would we e welcomed with some kind of permanent status? 2. Would we be allowed to purchase a modest piece of property (home)?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What nationality are you both please?
  • 2. I assume, but please confirm, that you are not financially dependent upon your daughter?

Kind regards.

Tom

Expert:  Thomas replied 2 years ago.

Hi,

 

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.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

 

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.

Hi,


I omitted the following link by way of confrimation on the requirement for parent dependents in 1) above:-

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/

 

Tom

Customer: replied 2 years ago.
My wife is disabled. Our move is, other than feeling so far away from our grandchildren is meant to accomplish 2 things: 1. Help take care of our 4 British granddaughters and 2. For my daughter to help take care of my very disabled wife. This is becoming more necessary each day. We have two other children but neither are in a position to help.
Expert:  Thomas replied 2 years ago.
That would be helpful in the application on a discretionary application, but not deterministic in and of itself. It does not necessarily mean you will be granted approval but it adds to your argument.

Again, instructing a solicitor is the best thing you can do.

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6598
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Law Specialists are ready to help you
Customer: replied 2 years ago.
Tom, thanks for help. You have been very helpful
Expert:  Thomas replied 2 years ago.
No problem, good luck.

Tom

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