Visa for Widowed Parent

Hi all,

We just found out that my father has 2 brain tumors and may have just 3 months to live.  My father is 74, but has been fit and healthy, so this is quite a shock. 

We are dealing with many issues and one of them is where mymother would feel most comfortable living after he passes.  I am a US citizen and my husband is a UK citizen.  We are living in the UK with our son, who is a dual citizen.  She would love to come and live with us, but I don't knwo what the visa situation would be.  I am sure there is plenty of information on the internet, but thought I'd start here to see if anyone has been in these shoes.

On another note on that, if she were able to do this would she be able to get NHS care?

Thank you so much in advance for your help.  As you can imagine, this is a very difficult time.

She would have to be fully dependent on your for her care and support (much as a dependent child).  Dependent adults are difficult because they need to prove they are financially dependent on the sponsor, but then also prove they don't need access to public funds.  What a wonderful Catch-22.

Professional advice from a solicitor or immigration adviser might be your best route as these are particularly challenging.

I know they are going to close the Retired People of Independent Means, but I don't know if they have closed it yet.  That is the totally opposite where they need a significant amount of money in order to prove they wouldn't be a burden.

How old is your mother, and do you have any brothers or sisters?

Vicky

I know they are going to close the Retired People of Independent Means, but I don't know if they have closed it yet.  That is the totally opposite where they need a significant amount of money in order to prove they wouldn't be a burden.

Looks like they've closed it to new applicants...

http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/retiredpeople/

On 27 November 2008 the immigration rules were amended removing the provision for applications to enter the retired persons of independent means route. Whilst it is no longer possible to enter through this route, it remains possible if you are already in the United Kingdom with leave as a retired person of independent means, to extend your leave up to the maximum period of five years under this category, or apply for permanent residence (also known as indefinite leave to remain).

My mother is nearly 67 and I have one brother living in the US. My sister is deceased.

Then it is going to be a major problem bringing your mother to the UK.  It will be outside of the rules and on Human Rights areguments, and very, very difficult.  The major arguments will be why she cannot look after herself and why can't your brother look after her.

Vicky

What would be the best website to look on for more information?  I will also be in contact with a solicitor and/or immigration consultant. 

Thanks everyone.

I've not been able to find much information on this specific category and only have found this: http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/relatives/. But I would definitely recommend Vicky and MediVisas as I've heard nothing but positives and if I was in your situation that is who I would be using.

Edited: I've dug up the guidance, but I'm not sure how much help it will be. Scroll to Section 6 where it talks about Dependant Relatives and Parents & Grandparents: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/.

I am working on a couple of elderly dependent relative cases, and I'd be happy to help.  But I would need to know why your brother can't look after her - this will be the main problem.

Vicky

Sorry Vicky. I didn't realize you were a consultant.  Would it be best to pm you for further discussion on this?

I'd be quite interested to hear how your case goes new york york, as I too was hoping to bring my mum across once I'm a citizen and she's over 65. My dad also died of brain cancer (but he was only 57  :\\\'( ) and I have a sister in the US, but she would be in no position to support my mum as she will probably only ever be qualified to work in minimum wage, low benefit type jobs. Would that sort of situation be sufficient justification?

I'd be quite interested to hear how your case goes new york york, as I too was hoping to bring my mum across once I'm a citizen ...

The rules state that you only need to have permanent resident status aka, ILR. Having citizenship is not mandatory.

Sorry Vicky. I didn't realize you were a consultant.  Would it be best to pm you for further discussion on this?

Yes, please do, or e-mail me.

Vicky

Add me to this group, too!  My mom asked me if she could come live with us in the UK after she retires.  I'm an only child and my dad died when I was 13, and all her sisters are older than her (She's the youngest at turning 60 this year, they're all (5 of them) in their 70s with most pushing 80).  my mom told me that after my aunts pass away if I'm in the UK, she has no reason to stay in the US.  After her siblings all pass, she'll become the sole owner of the house they grew up in with a value of well over $200k, so I thought she could go for retired person of independent means if she sells the house, but if they're closing that route, bringing her as my dependent is the only option...but how would that work if the older adult had more money than the adult child?

After her siblings all pass, she'll become the sole owner of the house they grew up in with a value of well over $200k, so I thought she could go for retired person of independent means if she sells the house, but if they're closing that route, bringing her as my dependent is the only option...but how would that work if the older adult had more money than the adult child?

I'm pretty sure it wouldn't work at all, since she obviously wouldn't be financially dependent on you.  The UK doesn't like the idea of chain migration, which is why this visa is so hard to get.