It s inevitable that we all grow old. As this happens to your parents, you may find that in time they have become your dependents. If one or both of your parents live abroad you may want them to join you in the UK so that you can take care of them. If you re in this situation, it s essential to understand the immigration rules that apply:
When would my parent(s) be allowed to join me in the UK?
If your mother or father is aged 65 or over, they can apply for Indefinite Leave to Remain in the UK. If both parents are applying to join you and will be travelling together, at least one of them should be aged 65 or over. If one or both of your parents are under this age, they can still apply to live in the UK with you, but it must be deemed to be under the most exceptional compassionate circumstances . In all cases, applying parents should have no close relatives in their own country whom they could turn to for support.
What if my parent has remarried, can their spouse join us too?
If your parent is 65 or over and has remarried, they should be in a situation where their spouse or civil partner is also unable to support them financially. They will be allowed to bring their spouse or civil partner to the UK, along with any dependent children from the relationship.
What are the requirements that involve me?
If you are calling a dependent parent to live with you, you must be present and settled in the UK. Your parent should be fully or largely financially dependent on you. In addition, you should be able to support and maintain them along with any spouse, civil partner or dependent children they bring with them without anyone having needs to apply for public funds. This includes housing them in a place which you own or live in and which proves to be adequate accommodation for them.
Is there anything else they will need to do?
Your parent(s) should be in possession of a valid Entry Clearance when entering the UK. Entry Clearance is the procedure used to determine whether the applicant successfully meets the criteria required to reside in the UK as a dependent. Your parent may have to visit the British Embassy Government Consulate in their local area for this clearance to be obtained.
The application to enter and reside in the UK as a dependent needs to be made in the country of residence of the parent who is applying. It is wise to obtain the advice of a professional UK immigration lawyer who can help applicants and their sponsors understand the application procedure, assist with filing applications correctly and offer counsel concerning any issues that may be problematic to their application.
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Disclaimer: Please note that these articles and the information contained herein are purely for general guidance and do not constitute a professional legal or any other opinion as to the merits of a particular application or whether specific immigration requirements have been met of a particular category. This information is generic and should not be relied upon as a definitive guide to fulfilling specific category requirements. However should any individual do so it is at his or her own risk for which UK Migration Lawyers Limited cannot be held responsible in any way.
Author Resource:
Gazala Rashid has been an immigration lawyer in the UK since 1999. She has great expertise in all aspects of UK immigration, asylum and nationality law, and you may view her articles on these topics in her blog at http://www.ukmigrationlawyers.co.uk/blog