If you are settled in the UK and have dependent parents, grandparents siblings or children over the age of 18 they may be able to apply to join you in the UK.
This rule has been extended to adult dependent relatives of those present in the UK with refugee leave or Humanitarian Protection – successful applicants would be granted leave to enter to expire at the same time as their sponsor’s leave. Once in the UK, they would need to apply before expiry to extend their leave in accordance with that of their sponsor.
In all cases the relative or relatives will need to show:
- They require long-term personal care as a result of age, illness or disability which is not available in the country where they live
- They are unable to receive the required level of care in the country where they are living as either there is no person in that country who can reasonably provide it (either a close family member or a carer/nurse/nursing home) or because it is unaffordable;
- They will be adequately maintained and accommodated in the UK without recourse to public funds;
- That they do not fall foul of the criminality provisions (namely that in the last seven years they have not been convicted of an offence and sentenced to imprisonment for less than 12 months and that within the 24 months preceding the date of the application they have not been convicted of or admitted an offence for which they received a non-custodial sentence or other out of court disposal that is recorded on their criminal record).
Living alone outside the United Kingdom in the most exceptional compassionate circumstances
Subject to what is said below, all parents and grandparents under the age of 65 and ‘other dependent relatives’ (outlined below) will need to meet an additional requirement of living alone outside the United Kingdom in the most exceptional compassionate circumstances. What amounts to “the most exceptional compassionate circumstances” depends on the specific facts of each case - and, of course, the subjective assessment of the Entry Clearance Officer or Immigration Judge on appeal - but it is a very difficult requirement to satisfy. By way of illustration, an applicant would need to show a life-threatening vulnerability or frailty with no one to care for them in their country of origin.
Whether this requirement needs to be met in respect of elderly parents or grandparents under the age of 65 depends on the elderly relatives’ particular circumstances.
If the elderly relative is single and under 65 years of age they will need to show they are living alone outside the United Kingdom in the most exceptional compassionate circumstances. If the elderly relatives are still married then only one of them is required to be over the age of 65 for them to avoid this requirement of having to show “the most exceptional compassionate circumstances”. If both parents or grandparents are under the age of 65 then they will be required to show they are together living in the most exceptional compassionate circumstances in their country of origin.
The Immigration Rule also provides for the spouse (or civil partner) of elderly relatives who have remarried to accompany them where the elderly relative cannot look to the spouse (or civil partner) for financial support.
Long-term personal care
The applicant will need to show they require long-term personal care as a result of age, illness or disability which is not available in the country where they live. They will need to provide medical evidence from a doctor or healthcare professional that they are unable to perform everyday task such as washing, dressing and cooking. The Entry Clearance Officer will need to be satisfied that the applicant has no access to the required level of care in the country where they live.
- We can advise on the legal requirements, procedure and the required supporting documents for making an application for leave to enter the UK as a dependent relative
- We can assess the merits of your application and advise as to how to improve your application
- We can represent you in any applications for indefinite leave to enter/remain or limited leave to enter/remain as a dependent relative
- We can advise as to the merits of an appeal should your application be refused and assist and represent you in any appeal
My parent is already on the UK on a visitor visa. Can they apply from the UK?
No. Since 9th July 2012 all applications have to be made from the country of origin.
I and my sister in the UK support our elderly parents in Ukraine. I could not afford to support them on my own. Can my sister and I both act as sponsors for my parents in an entry clearance application for a dependent relative?
Yes, you can both act as sponsors as long as, together, you can satisfy the requirements of the Immigration Rule in terms of adequate maintenance and accommodation. There is nothing to preclude joint sponsorship.
I have heard the Home Office is considering doing away with this immigration route for elderly dependent relatives. Is this true?
No, the UK government has decided to keep this immigration route but has introduced additional requirements of showing that the applicant needs the long-term personal care of the relative in the UK and that it is not available or affordable in the country that they live in.