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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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A retired elderly widowed Japanese lady wishes to join her

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A retired elderly widowed Japanese lady wishes to join her daughter and British son in law in UK. Her and their principal reason for this is because she is very lonely and they do not wish to uprroy and emigrate to Japan. She wishes to move all her assets to UK. They have been told that unless she is too ill to look after herself she would not be eligible to come to the UK as a permanent resident. Do you agree that this is the case and do you have any suggestions st to how they should proceed?I would be grateful for your advice.

Thanks for your question.

The rules are strict in this regard.

Elderly dependent parets who are not themselves UK citizens must apply under the Adult Dependent Relatives category:-

You will see from the above link that a person is only eligible to apply if they need long term personal care and that either there is no relative there that can provide it or the care if not avialable or affordable where she is.

If there is a relative there that can provide the care then she does not qualify. If care is available and affordable then she does not qualify either.

Addtitionally she would also have to show that she can accomodate and support herself in the UK with her sponosr (ie. son) so that no public funds would need to be claimed. On this basis it would appear that she does not qualify to apply under this head.

It would appear the advisor is correct and that she does not qualify to apply. The only other avenue would be a discretionary application outside the immigration rules or to apply under the above and hope to get a decision on appeal. She would have to instruct a good UK solicitors and spend some money on legal fees and, in all honesty, it's a bit of a long shot.

Sorry it coudl not be better news.

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Kind regards,

Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.

Thank you , a pity it does not look promising.

You're welcome. I'm afraid not.