Settlement Visa for the Mother in Law

[Waterloo]

Hi

I was wondering if any one posting on here has any personal experience of applying for an elderly relative to settle in the UK?

I have started doing my own research on the GOV.uk website but as usual it is sending me round in circles and causing me more questions than answers!

My wife has lived in the UK now for more than 15 years having initially entered the UK on a student visa and then latter applying for settlement.

She became a citizen in June 2015 and we have been married for 12 years with 2 children aged 8 and 10.

Her mother who is 65 speaks no English lives in a small village outside Surin city and recently lost her partner.

Her mother is currently active but with her partners passing is feeling very lonely with no direct family in the country.

She has 2 daughters but both are married and living in the UK.

We have successfully applied numerous times in the past for visitor visa's, the last time she stayed was for 6 months.

Meeting the accommodation and financial requirements should not be a problem, but what criteria to apply under?

The elderly dependent relative criteria states that she must require help with daily tasks, currently she is very active physically just lonely.

It also says that it should not be possible to arrange care in her own country, whilst she now has no direct family in the country this is probably not insurmountable and therefore a possible reason for refusal.

The criteria for applying as a parent all appears to assume the children are minors, which as my wife is now 45 is clearly not the case.

Any guidance on this matter will be greatly appreciated especially from anyone who has made an application under similar circumstances recently?

Thanking you in advance  

[ThaIrish Sean]

After my wife got refused her permanent residency, illegally by the home office, We instructed an immigration lawyer who was recommended to us by the lady who organises Thai festivals across England.

Please to say the home office backed down very quickly.

Vine Orchard Solicitors, talk to Matt Harris.

 

 

 

Edited December 28, 2020 by theoldgit
Telephone number removed to comply with Forum Rules

[7by7]

Your mother in law would have to apply as an adult dependent relative. You seem to have read that and so know that

Quote

You must prove all of the following:

• you need long-term care to do everyday personal and household tasks because of illness, disability or your age
• the care you need is not available or affordable in the country you live in
• the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years
• you’re 18 or over

 

You say that 

2 hours ago, Waterloo said:

The elderly dependent relative criteria states that she must require help with daily tasks, currently she is very active physically just lonely.

So she falls at the first hurdle. Sorry.

[Tony M]

The immigration rules are designed to prevent elderly relatives from joining family in the UK.  It used to be much easier for elderly relatives, but the government realised that the many of those aged relatives were actually coming to the UK for free medical treatment. In many cases they returned to their home country after they had received their treatment successfully. You have very little chance of a successful application, as the standard of evidence to prove that the dependent relative(s) should be granted a visa is very, very high. Blame those who went before !

[Waterloo]

21 hours ago, 7by7 said:

Your mother in law would have to apply as an adult dependent relative. You seem to have read that and so know that

 

You say that 

So she falls at the first hurdle. Sorry.

As you say I have read the referenced guidance and was already of the opinion that, that was the case.

I am also of the opinion that in the future when she is less capable of looking after her self they would refuse on the basis that paid health care is available in her own country.

I would be interested if any other members have actually tried this route?

Thank you for taking the time to reply 

 

[Waterloo]

5 hours ago, Tony M said:

The immigration rules are designed to prevent elderly relatives from joining family in the UK.  It used to be much easier for elderly relatives, but the government realised that the many of those aged relatives were actually coming to the UK for free medical treatment. In many cases they returned to their home country after they had received their treatment successfully. You have very little chance of a successful application, as the standard of evidence to prove that the dependent relative(s) should be granted a visa is very, very high. Blame those who went before !

Hi Tony

Thanks for replying, the conclusion I had came to was not so much that the standard of evidence required was high but that the stated criteria was virtually impossible in most cases.

How many countries will you not be able to pay for cared assistance? ergo no visa.

[Waterloo]

22 hours ago, ThaIrish Sean said:

After my wife got refused her permanent residency, illegally by the home office, We instructed an immigration lawyer who was recommended to us by the lady who organises Thai festivals across England.

Please to say the home office backed down very quickly.

Vine Orchard Solicitors, talk to Matt Harris.

 

 

 

Hi

Thank you for taking the time to reply, but we are talking about a very different set of circumstances and short of another poster, posting with direct successful experience of making a successful application for an elderly dependent relative I suspect that both 7by7 and Tony have said it all.   

[ThaIrish Sean]

11 hours ago, Waterloo said:

Hi

Thank you for taking the time to reply, but we are talking about a very different set of circumstances and short of another poster, posting with direct successful experience of making a successful application for an elderly dependent relative I suspect that both 7by7 and Tony have said it all.   

Best of luck, you have already done lots of research. Worth a phone call I would have thought?

[Tony M]

19 hours ago, Waterloo said:

Hi Tony

Thanks for replying, the conclusion I had came to was not so much that the standard of evidence required was high but that the stated criteria was virtually impossible in most cases.

How many countries will you not be able to pay for cared assistance? ergo no visa.

You are right, and, as I said, the rules are designed for these applications to fail.  This appeal determination (on which the Home Office will probably rely) shows just how complicated these applications are:

BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017) (bailii.org)

[Waterloo]

On 12/30/2020 at 5:37 AM, Tony M said:

You are right, and, as I said, the rules are designed for these applications to fail.  This appeal determination (on which the Home Office will probably rely) shows just how complicated these applications are:

BRITCITS v The Secretary of State for the Home Department [2017] EWCA Civ 368 (24 May 2017) (bailii.org)

Cheers Tony all pretty much as suspected.