Although the requirements of this type of UK visa application, and the ways in which to prove these requirements are extremely stringent, it is possible to lodge a successful application with quality, professional guidance and assistance.
One of the biggest concerns for South Africans settling in the UK is the fact that parents and grandparents in South Africa are getting older and are often not able to take care of themselves, financially and/or emotionally. As a result, the consultants at BIC are often approached by South Africans who want to find out whether it is possible to bring over parents and even grandparents to settle with them in the UK.
Although these kinds of applications have some of the most stringent requirements to be met and prove, we are happy to say that BIC has had a number of successful applications under this route.
Should a South African have EU nationality, thus dual nationality, such as Dutch/Portugese together with the South African nationality, it will make it much easier to bring such an application, as the rules for elderly dependents under EU Law are more lenient than under UK law.
In order to qualify to bring an elderly dependant to the UK under the EU law, you will inter alia have to show that you are exercising treaty rights in the UK by studying, working, being self-employed or self-sufficient, and that this elderly dependant/s is dependent on you.
Under the UK law the following requirements must inter alia be met in order to bring a successful application;The applicant/sponsor of the elderly dependant must be able to show 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 applicant/sponsor of the elderly dependant must be able to show 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 elderly dependant must not be in a subsisting relationship with a partner, unless that partner is also the sponsor’s parent or grandparent and is applying for the entry clearance at the same time.
The elderly dependant must need long-term personal care to perform every-day tasks, such as washing and cooking, as a result of age, illness or disability.
The elderly applicant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in South Africa, either because it is not available and there is no person in the country where he/she is living who can reasonably provide it or it is not affordable.
For more information or for tailor made advice in your unique circumstances, please contact your BIC consultant.