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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a British citizen. My father, an Indian citizen is travelling

Resolved Question:

I am a British citizen. My father, an Indian citizen is travelling on tourist visa to see me. I would like to apply for an ILR, as a parent of british citizen. He lives on his own in India although I do have a brother in India; my mum is no more. He is 79 years old.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your question.
How did you obtain your uk citizenship?
Does your father need care in order to carry out day to day activities (cooking ,washing, cleaning etc)?
Kind regards,
tom
Customer: replied 2 years ago.

I got my UK citizenship as husband of HSMP (Doctor). Have been in UK since 1995. My father does not require care at present as he is in good state of health.

Regards

Manoj

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, the only visa that would possibly be available in these circumstances is an adult dependent relative visa. The webpage on this is here:
https://www.gov.uk/join-family-in-uk/eligibility
Please refer to “Coming to be cared for - you’re an adult dependent relative“ on the above link.
However, this would not be available to your father at present if he is able to carry out day to day tasks and look after himself because this is one of the main parts the eligibility criteria.
If it were the case that he became unable to carry out those tasks then he might be able to apply but only if your brother were not available to give the care and assistance to him.
At the moment though I cannot see that he would be able to apply and I am really sorry to say that. I consider it unfair, but it is the immigration rules at the moment.
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.

Hi Tom,

Can I apply for a long term visa instead that allows him to stay with me for a few years retaining Indian citizenship?

He is on a 6 month visa but if I recollect correctly 10 year visas were also available. Can I do it from the U.K?

Best regards,

Manoj

Expert:  Thomas replied 2 years ago.
Hi Manoj,
You cannot apply for him to stay permanently in the UK. However, he can apply for a visit visa on a long term/multi entry basis.
This is where a visit visa is granted for a long time (2, 5 or 10 years) and the holder can enter/leave the UK as many times has they like within the visa period but subject to not being in the UK for more than 6 months within any 12 month period.
He would have to apply for this from India though unfortunately.
Kind regards,
Tom
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