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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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HI, I AM A BRITISH CITIZEN BY BIRTH. I HAVE BEEN LIVING

Resolved Question:

HI,

I AM A BRITISH CITIZEN BY BIRTH. I HAVE BEEN LIVING IN BANGLADESH FOR THE PAST TWO YEARS DUE TO BUSINESS COMMITMENTS. HOWEVER, I WILL BE RETURNING TO LONDON AT THE END OF MAY 2014. I HAVE A FIXED ADDRESS IN UK. MY QUERIES ARE AS FOLLOWS:

1. I WOULD LIKE TO BRING MY MOTHER WITH ME FOR COUPLE OF MONTHS ON A FAMILY VISITOR VISA. SHE HAS BEEN TO UK NUMEROUS TIMES STARTING FROM THE LATE 1970 S. HOWEVER, MY MOTHER IS ALMOST 70 YEARS OF AGE. SHE HAS A CARER/CARETAKER/MAID WHO HAS BEEN LOOKING AFTER HER FOR THE LAST 1.5 YEARS. SHE COOKS HER SPECIAL DIET AS PRESCRIBED BY THE DOCTOR AND ALSO HER MEDICATION IS BEING ORGANISED BY THE MAID. SO, BASICALLY, ON WHAT VISA CAN MY MOTHER BRING THE MAID AND OR THE CARETAKER TO UK DURING HER TWO MONTHS VISIT. ON FINANCIAL GROUNDS MY MOTHER IS VERY WELL OFF IN BANGLADESH.

2. AS A BRITISH CITIZEN, WHEN WILL I BE ENTITLED FOR HOUSING BENEFIT AFTER I ARRIVE IN UK IN MAY 2014.

THANKS
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your question.

What nationality is your mother please?

Kind regards

Tom
Customer: replied 2 years ago.

SHE IS A BANGLADESHI CITIZEN

Expert:  Thomas replied 2 years ago.
Hi,

Thanks.

I'm just out at the moment. I should be able to return and answer in about 45 mins. I hope that's okay..

Kind regards,

Tom
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your patience.

The only provisions for domestic worker visas are as "Domestic Workers in a Private Households":-
https://www.gov.uk/domestic-workers-in-a-private-household-visa

As you will see from the eligibility section it is a requirement that th carer must have been employed with your mother for over 1 year and your mother must have been granted a visit visa to come to the UK.

You would have to prove the eligibility criteria with documentary evidence which substantiates the criteria. To be sure that they would receive their visas you should instruct a UK based solicitor practisiing immigration law to prepare the application and ensure that the necessary documentation is included with the application.

You will also see that they must be paid at the agreed rate, which is the minimum national wage in the UK. This would be a bit of an issue for the application, so you would have to provide the care with a UK compliant employment contract.

She would have to make the application at the same time that your mother applies for her family visit visa and ask that the same is determined once your mother's visitors visa has received an approval.

As to housing benefits, you would only become entitled to these once you have established your residence in the UK. This means that you will only be able to claim once you have passed the habitual residence test. This is where you are able to show that you are normally resident in the. It will be sometime after your return before you are able to argue that you should be treated as habitually resident, I would think at least 6 months but each case is judged on it's own merits.

Kind regards.


Tom
Customer: replied 2 years ago.

HI TOM,


 


THANKS FOR YOUR EXTENSIVE INFORMATION. AS FAR AS THE CONCERN FOR THE UK BASED SOLICITOR GOES, WILL YOU BE ABLE TO HELP US. DO YOU HAVE ANY DIRECT CONTACT NUMBER.

Expert:  Thomas replied 2 years ago.
Hi,

I'm afraid that private contact in these matters is prohibited by the terms of the site.

I would pick an immigration solicitor at a medium size firm near to where you would like to settle. You can use the law society's find a solicitor search engine:-
http://solicitors.lawsociety.org.uk/

Kind regards,


Tom
Customer: replied 2 years ago.

TOM,


 


I HAVE A DAUGHTER WHO IS ALSO A BRITISH CITIZEN. SHE WAS BORN ON 01/01/2013 IN BANGLADESH. CURRENTLY I AM PREGNANT AGAIN.


 


MY QUESTION IS........ONCE I WILL COME TO LONDON....WHAT ARE THE BENEFITS WILL I BE ENTITLED FOR?

Expert:  Thomas replied 2 years ago.
Hi,

Housing benefit would be as I've explained about

Job seekers allowance would again be based on residence, as above.

As to child tax credits, the child must have lived half of the tax year in the UK, so it would also be at least 6 months until you would be able to claim this.

You would of course be entitled to emergency NHS treatment as soon as you arrive.

UNfortunately, you should budget to not be able to claim any benefits for at least 6 months.

Please remember to rate my answer once you are finished.

Kind regards

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
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