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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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Can i file mother to come to stay in the uk

Resolved Question:

Can i file for my mother to come to stay in the uk
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Is your mother financially and socially dependent on you?
Kind regards
Tom
Customer: replied 2 years ago.

Hi Tom.

Financially she is independent but socially yes, she depends on me as she has no other family with her,she is in the USA.

I also am an only child and finding it difficult that my mother lives abroad and the family unit is broken because of it. I have to children who also hardly see her and i also struggle with childcare at times which i feel if she were with me would help a great deal. Both my partner and myself are employed.

My mother is getting on and suffers knee problems too, its just so sad that she has to go through everything alone, she has had knee operation in the past and had to rely on neighbours to check in on her while she recovered.

Expert:  Thomas replied 2 years ago.
Okay.
What nationality are you please?
What is your immigration status in the UK? What visa are you on?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi,

I do not have a visa, i am a british citizen through naturalisation.

I have been here for 30years.

Expert:  Thomas replied 2 years ago.
Hi
Thanks. I should be able to answer at 9 a.m.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
It’s a really difficult area, because the threshold to bring an elderly parent over to the UK is very high.
Please refer to “Coming to be cared for - you’re an adult dependent relative“ on the following link:
https://www.gov.uk/join-family-in-uk/eligibility
This is the only basis on which a person can bring over their foreign national parent. Unfortunately, you will see that the requirements are that the parent must need long-term care because they are not able to carry out normal day to day tasks themselves. This would be because they are unable to cook for themselves, dress properly, clean and generally look after themselves.
Additionally, care must not be available/affordable in the country where they are resident.
If your mother can look after herself or (if she can’t) there is care available in the US then the application would probably be rejected.
On the basis of the information provided it seems that she is presently unlikely to meet this criteria. Were her health situation to deteriorate then she might become eligible in the future but right now it appears that she is not.
I am sorry.
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,

This is a shame, i cant believe that your parent more or less has to be an invalid before they can enjoy family life in the UK.

Where are our human rights to family life?

Thank you for the information and your help, i guess we will never be reunited unless i emigrate to the USA with my family, which is less than likely as it will mean leaving everything we have accomplished and going to start again.

Thanks all the same.

Expert:  Thomas replied 2 years ago.
Yes, it's very limiting of course.
There would possibly be options if she intended to work.
Your right to a family and a private would extend (in some circumstances) to your spouse and to your minor children, but they do not extend to your parents unfortunately.
I am sorry.
Tom
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