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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi I have a british citizenship and so does my husband and

Customer Question

Hi I have a british citizenship and so does my husband and daughter. i have been in the UK for more than 7 years and im trying to find out if i can get my mother and father to stay with us long term by applying for the flr fp private life. They for sure wont be using any public funds and can show enough bank records to prove and i and my husband both are settled with jobs here..
could you suggest if its a possibility they will be granted visa using the 10 year route? or the 30 month limited leave?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
I presume that your mother and father are able to carry out normal day to day tasks for themselves and do not require care in order to get by.
Unfortunately, this being the case, the only possible category to come to the UK permanently on the basis of their relationship with you would be an Adult Dependent Relative visa but I don’t think they are going to be eligible to apply for this.
Please refer to “Coming to be cared for - you’re an adult dependent relative“ on the following link for details of this visa:-
https://www.gov.uk/join-family-in-uk/eligibility
If they can look after themselves without care the this would not apply to them and they would not be eligible.
I assume also that they do not have £200, 000.00 in order to invest in UK business which they would run, which would also rule them out of a Tier 1 entreprenuer visa. If one of them were to get a job with a Tier 2 Sponsored Skilled Worker visa then this might be an option for them:-
https://www.gov.uk/tier-2-general/eligibility
If they are not going to work then the only conceivable application would be a discretionary application based on human rights. Since it is discretionary and outside the traditional immigration rules it will be considered, but this does not mean at all that they are likely to get it. This is because human rights generally extend only to your spouse/partner and your children (if under 18). As your parents are independent adults the human rights argument would not be persuasive and, in all likelihood, it would be rejected.
To even have a semblance of a chance you would have to instruct a solicitor to draft the application and be preapred to appeal it (it would be rejected) and instruct counsel. Legal fees would be upwards of £3000 + VAT and, with all this, their chances would still be very, very low.
The most sensible thing to do whilst they can carry out household tasks to look after each other would be to apply for a long term multi-entry visa, which is a visitors visa granted for 2,5 or 10 years. It would allow them to come to the UK as many times as they liked during the visa grant period provided that they do not spend more than 6 months out of any 12 months period in the UK.
I really am sorry that I could not have better news for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

Thanks so much for the detailed explanation. That explains all the queries i have as you suggested i think i will go for multi entry 2 yea ror 5 year visa so that they can spend atleast 6 months of a year with us. Thanks again!!

Expert:  Thomas replied 2 years ago.
Hi,
You're welcome. Good luck.
Kind regards.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,
Tom

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