One of the biggest concerns for expats is whether their parents will be able to join them in the UK. This is, of course, an understandable concern, as it is often difficult for parents and/or grandparents in the home country to take care of themselves emotionally and/or financially as they age. Not to mention the emotional stress for the expat, who is concerned about his/her elderly family overseas.
The elderly dependent visa application is a complicated application and has very strict requirements.
In cases where the applicant is the sponsor’s parent or grandparent, they cannot be in a subsisting relationship with a partner, unless that partner is also the sponsor’s parent or grandparent, and applying at the same time.
It is necessary to prove that the elderly applicant needs long-term personal care to perform every-day tasks, such as washing and cooking, as a result of age, illness or disability. One thus basically need to prove that the applicant is unable to live independently.
The applicant also has to provide detailed medical records showing why they need long-term permanent care.
The elderly dependent must be unable to obtain the required level of care in the home country. Even with the practical and financial assistance of the UK sponsor. Either because it is not available or not affordable.
The UK sponsor has to be 18 years or older. He/she must be a British Citizen or be present and settled in the UK. The UK sponsor can also be a refugee or under humanitarian protection.
The sponsor must be able to prove that he/she is able to provide adequate maintenance, accommodation, and care for the elderly dependant without having to rely on UK public funds. The sponsor will need to sign a sponsorship undertaking form to confirm that he/she will be responsible for the care without relying on public funds for a period of at least 5 years.
Should the UK sponsor have EU nationality, rather than UK nationality, it will simplify matters tremendously. This is because the rules for the elderly dependents are much more lenient under EU Immigration law.
To bring an elderly dependent to the UK under EU law, you will have to show that you are inter alia exercising treaty rights in the UK. This is done by studying, working, being self-employed or self-sufficient. You will also have to show that the elderly dependent /s is dependent on you.
The Elderly Dependent Visa application is a notoriously difficult application to prove. Fortunately, Breytenbachs Immigration is glad to say that we have had a number of successful application.
Contact us today for a consultation, to allow us to assess your circumstances, and provide an immigration route suitable to your circumstances. Alternatively, please fill out the form below.