Has Britain closed its doors to elderly dependant relatives?

25 July 2012

Yes, the elderly dependant relative immigration category is now closed. Well, that is not strictly true, but it may as well be as the threshold to make an application under the new rules has been set so high that it is difficult to imagine circumstances where it would still apply in practice.

In order for British Citizens or non-EEA nationals with permanent residence in the UK to bring their elderly parent over to live with them, for example, they would now need to prove that:

  1. Their parent requires “long-term personal care to perform everyday tasks”; and
  2. Even with their practical and financial help, their parent is unable to “obtain the required level of care in the country where they are living, because (a) it is not available and there is no person in that country who can reasonably provide it; or (b) it is not affordable”

They would also still have to meet the usual requirement to demonstrate that they can accommodate them and finance them without any recourse to public funds.

As a consequence of the new requirements, should the sponsor earn a reasonable salary, they can afford to pay for care in their parent’s country of residence. If the sponsor does not earn a reasonable salary, they will not be able to prove that they can support their elderly parent without recourse to public funds. So, regardless of your personal financial circumstances, it is unlikely that you will be able to bring your elderly parent over to live with you in the UK. Equally, if your parent happens to live in the western world, it is even more unlikely that you could bring them in.

It would seem unnecessary to limit an application category to this extent in which the sponsor signs an undertaking confirming that their parent will have no recourse to public funds while in the UK and that they, as sponsors, will be responsible for their maintenance, accommodation and care, for a period of 5 years. Would it not be better to keep the old rules and work on better enforcement of these undertakings?

Do contact us if you are affected by the changes to the elderly dependent immigration category and you would like further advice.

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On August 28th 2014 Janette Protheroe commented:

I'm afraid there have been no changes to the dependent visa for elderly parents since 2012, which I do understand makes it difficult families under the current rules.

On August 19th 2014 Amit commented:

Hi Has there been any change in the dependent visa for elderly parents since 2012?

On March 30th 2013 N. Venkata commented:

Dear Sir,

I applied for elderly dependent visa for my mother 73 yrs old living in India. She has arthritis and migraine. It is becoming hard for her to sustain long on her now recently. I am doctor working in NHS and has spacious accomodation. UKBA has refused my mom's application for elderly dependent because they are not convinced that she requires long-term care and the treatment is available in home country. They advised us to appeal. Please advise me regarding that.

On November 20th 2012 Stephen Hall commented:

I am sorry to hear of your situation. The new rule changes have made it very difficult for many people. However, from what you describe, it is possible that you may qualify for an over age dependant visa under the new rules, as you require long term personal care to preform everyday tasks, and this is not available to a reasonable standard where you are currently living. However, the financial element is very difficult to satisfy, your son will firstly need to show he cannot afford to pay for adequate care in your home country. Secondly, he will need to show he can afford to provide adequate maintenance, accommodation and care for you without having to rely on public funds in the UK. Please note your son also needs to be regarded as a settled person in the UK. The likelihood of making a successful application would depend on the full circumstances and would require further evaluation. Please do contact a member of our immigration team if you require further advice.

On November 11th 2012 Ajaypartap Singh commented:

i am over 65 years of age and my wife is over 61. i am certified to be 90% handicapped in my upper limbs and suffering from ulcerative colitis apart from having undergone quadruple bypass surgery in 1998. my wife is suffering from depressions for the last 20 years and is unable o continue providing me care in my everyday tasks such as eating, cooking, bathing etc. the care available in our country is woefully inadequate and unaffordable if at all available as we live in a small town. our son is earning over £ 60,000 pa and has been supporting us financially. we have been writing to the UKBA for some years and were advised to wait till one of us was 65 years. The so said care givers are from slums and their hyegine is pathetic and fail to understand basic standards.

We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.

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