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Tougher Rules for elderly dependants

26 October 2012

Unfortunately, many migrants who have now settled in the UK or even naturalised as British Citizens, will be faced with the more demanding requirements introduced on 9 July 2012 when wishing to sponsor their parents.

Under the previous Immigration Rules pursuant to paragraph 317,  an elderly parent or grandparent would qualify if he/she were a widow/widower over the age 65 or if under  65 years of age, he/she were to live alone outside the UK in the most exceptional circumstances and mainly dependant financially on relatives settled in the UK.

However, as of July, the Rules have been amended to make it more more difficult to qualify as the applicant will need to show the following:

  • he or she needs long-term personal care to perform everyday tasks, such as washing and cooking;
  • the care he or she needs is not available in the country where he or she is living, either because it is not available and there is no person in the country where he or she is living who can reasonably provide it or because it is not affordable; and
  • his or her sponsor, i.e. the British citizen family member, can show that he or she is able to provide adequate maintenance, accommodation and care without having to rely on public funds.

In addition, the applicant and the sponsor must satisfy the new financial requirement reported below:

E-ECDR.3.1. The applicant must provide evidence that they can be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds.

E-ECDR.3.2. If the applicant's sponsor is a British Citizen or settled in the UK, the applicant must provide an undertaking signed by the sponsor confirming that the applicant will have no recourse to public funds, and that the sponsor will be responsible for their maintenance, accommodation and care, for a period of 5 years from the date the applicant enters the UK if they are granted indefinite leave to enter.

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