If you are settled in the UK and have elderly parents, grandparents or other dependent relatives living abroad they may be able to apply for indefinite leave to enter the UK to join you in the UK (under Immigration Rule 317).

In all cases the relative or relatives will need to show:

• They are wholly or mainly financially dependent on the relative settled in the UK
• They will be adequately maintained and accommodated in the UK without recourse to public funds
• They have no other close relatives in their country to whom they can turn for financial support
• They have no unspent convictions

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.

Other dependent relatives

Other dependent relatives that can apply for indefinite leave under Rule 317 include the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances.  As stated above, in all cases, the applicant will also need to meet the requirements set out above.

Our services

• We can advise on the legal requirements, procedure and the required supporting documents for making an application for indefinite leave to enter or remain in the UK on the basis of being a dependent relative under Immigration Rule 317
• We can assess the merits of your application and advise as to how to improve your application
• We can advise as to the merits of an appeal should your application be refused and assist and represent you in any appeal

Question

My parent is already on the UK on a visitor visa.  Can they apply from the UK?

Answer

Yes, they can apply from the UK (and in this case they would be applying for indefinite leave to remain) but you should note one of the requirements of a visit visa is that the person intends to leave the UK at the end of the visit.  Whilst this is not a bar to any application, the UK Border Agency is likely to take a dim view of such an application, especially in terms of credibility, unless you can show good reason as to why circumstances have changed and the parent cannot reasonably be expected to return to their country of origin in order to make an entry clearance application.  You should also note that the dependency, etc, would have to be shown in the country of origin, not in terms of the circumstances in the UK.

Question

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 under Immigration Rule 317?

Answer

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.

Question

I have heard the Home Office is considering doing away with this immigration route for elderly dependent relatives.  Is this true?

Answer

The UK government has held a public consultation on family migration which concluded in October 2011 and this is one of the areas of proposed reform.  However, the outcome of the public consultation has not yet been announced and no one knows when or whether this immigration route for elderly parents will be affected.