Q542. Get Dependent Relative

visa to live with son in UK . . .

Question: I am an Indian and am retired and am getting pension. I have only one son and is married and settled in UK and now he is a British Citizen. I am 63 and my wife is 61 yrs of age. (1) If I buy a home for me and my son give sponsorship document too, can I get settlement visa to permanently live in UK till I die? (2) If I buy a home in UK, it must be in my name or in my son’s name? ( he owns a home already in UK). (3) The UK Border Agency website says I must prove I am completely dependent on him and there is no one in India to care about me and that I don’t have money to maintain myself here in India. Paulraj Answer: Indefinite leave to enter the UK to live with your son is possible under UK immigration Rule 317. Basically there are two steps involved: 1. Your son in UK would have to sponsor you both. He should have enough resources to look after you both. This is necessary to ensure that while in UK, you and wife will not cost the UK government financially. Your son would have to guarantee taking care of all your needs while you live in UK for at least five years. 2. You would have to convince the visa officials that you are indeed dependent on your son and have no other relatives to look after you in India. Medical certificate to show that you need help with day to day activities could help. Parents who are less than 65 years of age, have to prove that they are indeed absolutely dependent on their sponsor and this is something that in most cases is not easy to prove. In most cases if a person needs financial help, it can be sent by the relative in UK. On the other hand, if the relative sponsoring their parents does not have the resources to send the financial aid to parents in India, then they fail the test of having sufficient resources to sponsor. It is kind of a catch 22 situation. Regards to your question on buying a home in UK, the chances of getting a visa under such circumstances will, in my opinion not help. The purpose of dependent relative visa is to let you live with your son, because you cannot live on your own and both you and your wife need help with day to day living, in preforming common everyday tasks. If you show your intention to buy an independent house in UK and hence not live with your son, the chances of visa being allowed are remote. Since you are 63 years old now, once you reach the age of 65 you may be able to avoid the requirement of having to show the ‘most exceptional compassionate circumstances’. Only one parent need to be over 65 years of age! The best course currently if you seriously wish to apply would be to have your son consult with an immigration lawyer in UK and seek advise on how to fill in the appropriate applications and offer you guidance on applying for the visa. I do realize that for elderly couples, who live by themselves with no relatives nearby, it has become quite dangerous even to hire help these days.