UK elderly dependent visa

UK elderly dependent visa

A UK elderly dependent visa, adult dependent visa can be a useful tool for helping an elderly family member travel to the United Kingdom (UK) and reside long term. The problem? Such visas are very difficult to obtain.

Muneer contacted us about securing a UK elderly dependant visa for his mother. Muneer, a high-earning British business account manager, had lost his father to illness, in Dubai, almost 18 months ago. As a result, he had grown increasingly concerned about his 67 year olds mother’s well-being as she would sometimes suffer panic attacks and loneliness.

Muneer tried to visit is mother whenever his job allowed or his business travel took him to the Middle East.

Fortunately, Muneer’s mother had a very good immigration history of adhering to UK immigration laws following her visit to the UK last year. Unfortunately, the circumstances outlined by Muneer were unlikely to persuade the Home Office to grant his mother a UK elderly dependent visa.

Eligibility

To be eligible for a UK elderly dependent visa, an applicant must apply from outside of the UK and evidence that they are in need of long-term care from a parent, grandchild, brother, sister, son or daughter, who is permanently living in the UK.

Requirements

In order to sponsor an applicant’s application, the sponsor must be:

  • A British citizen, or be settled, or have ‘settlement’ status in the UK or proof of permanent residence or have refugee status or humanitarian protection in the UK
  • Over 18 years of age

The applicant and sponsor must also prove all of the following:

  • That the applicant is in need of long-term care to do every-day personal and household tasks because of either illness, disability or age
  • The required care is not available or affordable in the country where the applicant lives
  • That the sponsoring relative in the UK is in a position to support, accommodate and care for them without claiming public funds for at least 5 years

Length of the visa

An applicant in receipt of a UK elderly dependent visa may enter the UK and stay for an unlimited period of time. For that reason, the visa holder will not be required to extend their visa or apply for settlement status, unless the sponsoring family member has refugee status or humanitarian protection.

Concerns

Muneer had presented a sympathetic case for a UK elderly dependent visa on behalf of his mother. He found it physically challenging to travel to Dubai with such regularity. Plus, his mother appeared in need of support due to her panic attacks. Although Muneer’s mother had savings of her own, Muneer provided for her financially, and helped manage the maintenance of her home.

Muneer felt that the Home Office would agree with his assessment and grant the visa. In fact, his reason or contacting us was to gather information about documents to be submitted and timescale. Yet, it was important that Muneer had an accurate understanding of how the Home Office would likely view his mother’s application.

We discussed the facts of the recent Court of Appeal case of Ribeli v Entry Clearance Officer, Pretoria [2018] EWCA Civ 611 (27 March 2018).

In that case, the applicant was a 65-year-old South African national. She suffered from a variety of medical conditions, including a degenerative back disease, osteoarthritis and fibromyalgia. With the help of her British daughter, her sponsor, she had applied for a UK elderly dependent visa to enter the UK and permanently reside with her daughter – an application that was refused.

The Court of Appeal considered the matter but dismissed the appeal against the decision to refuse the UK elderly dependent visa on the basis that the requirements, as set out by the Home Office, had not been met.

The Court of Appeal noted that the Home Office’s requirements were ‘extremely rigorous’ and onerous, but also (helpfully) outlined some of the documentary evidence that would be needed to support an application for a UK elderly dependent visa – such as:

  • Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care in the form of:
    • Independent medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks; and
    • This must be from a doctor or another health professional.
  • Independent evidence that the applicant is unable, even with the practical and financial help of the sponsor in the UK, to obtain the required level of care in the country where they are living, in the form of:
    • a central or local health authority;
    • a local authority; or
    • a doctor or another health professional.
  • If the applicant’s required care has previously been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available.

In light of the findings of the Court of Appeal in the case of Ribeli, Muneer was advised that his mother’s application would likely have a low chance of success, if any. Indeed, there was a strong chance that the application would fail.

Alternatives

Before concluding our discussions, we explored the options open to Muneer’s mother. Though not as advantageous to the permanent nature of the UK elderly dependant visa, Muneer decided to help his mother apply for 10-year standard visit visa, which would allow Muneer’s mother to enter the UK for up to 6 months at a time, for the duration of the visa.

Rather crucially, Muneer’s mother must make sure that she does not enter the UK for than 6 months in any 12 months’ period, or she would fall foul of UK immigration laws.

Should the need arise, Muneer could revisit the UK elderly dependant visa application in future.

Conclusion

The UK elderly dependant visa is an extremely difficult visa to secure because of the high threshold and evidential bar to be reached by applicants and their sponsors. Therefore, it is understandable that in March 2016, 39,560 people signed a petition to request a parliamentary debate about potentially loosening the strict Home Office requirements.  The petition fell short of its target, probably because this area does not gain attention until a person is directly impacted.

Nevertheless, before preparing an application, it may be helpful to seek expert advice to assess the chances of successful and determine how best to strengthen the application.

And if you would like advice, we can arrange a telephone consultation to discuss your immediate and longer term options or assist you with the application process.


Written by Carla Thomas – Managing Director at Thomas Chase Immigration.

Thomas Chase Immigration offer immigration help to individuals and families.

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Need straightforward immigration advice or guidance?

Contact us at [email protected] to arrange a consultation. Or learn more about from our blogs

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https://www.thomaschaseimmigration.com/overseas-visitors-anduk-healthcare/

Settled Status Scheme

Settled Status Scheme

The UK Government has set out their latest position on the settled status scheme, as it will apply to EEA nationals and their family members.

The statement rehashes much of the information provided by Prime Minister Theresa May on 26 June 2017, about the new ‘settled status’ and the Secretary of State for the Home Department, Sajid Javid on 22 June 2018.

The statement reads as follows:


The Home Office has been working to develop a new scheme which allows resident EU citizens and their family members to obtain the UK immigration status they will need in order to remain here permanently.

The EU Settlement Scheme will be fully open by 30 March next year. EU citizens and their family members will have until 30 June 2021 to apply, in line with the draft Withdrawal Agreement.

Testing is already underway. Since August, EU citizens working for a small number of NHS trusts and universities in the north west of England, and students at those universities, have been able to apply for status under the scheme.

A new phase of testing will begin next month. It will involve many more organisations across the UK, including higher education institutions and organisations in the wider health and social care sector. Testing the system with real applicants helps the Home Office ensure the new system operates effectively when it opens fully.

You do not need to do anything for now. EU citizens eligible to apply in the latest test phase will receive information from their employer.

Further information about the scheme can be found on GOV.UK.

 


What next?

At the risk of being repetitive, it must be stressed that if you are an EEA national, or family member, residing in the UK, nothing has changed. After all, the UK is still a Member State of the EU.

 

It can be beneficial to wait until the new settled status scheme has been fully rolled out and apply for recognition under that scheme.

 

Nevertheless, we are aware of many EEA nationals, and their family members, who have already resided in the UK for a significant amount of time, and who have submitted an application for certification of their permanent residence status in order to better meet the requirements to naturalise as British citizens.

 

Of course, time will be a major factor as applications will need to be submitted soon.

 

The key is to and seek advice and plan the best way forward for you and your family. We can arrange a telephone consultation should you wish to discuss your immediate and longer term options.


Written by Carla Thomas – Managing Director at Thomas Chase immigration. Thomas Chase Immigration offer immigration help to individuals and families.

Call to action

Need straightforward immigration advice or guidance on the settled status scheme?

Contact us at [email protected] to arrange a consultation. Or learn more about from our blogs