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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7617
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Thomas. My name is ***** *****'m a UK national living in

Resolved Question:

Hi Thomas. My name is ***** ***** a UK national living in London. My wife is American with us and Brazilian passports. She has an indefinite visa to stay here. Our 3 daughters have both UK and U.S. Passports. My wife's mother has us and Brazilian passport and mainly stays in the U.S. When not travelling to Brazil to see family. So my mother in law comes for 6 months at a time. Seeing her grand children and her own daughter. Last time she entered the UK she received a hostile reception. Can I do something so that she can live her indefinitely or visit whenever she wants for asking as she wants? Thanks chris
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
The only visa which would allow her to stay permanently in the UK would be an adult dependent relative visa:
https://www.gov.uk/join-family-in-uk/overview
See “Coming to be cared for - you’re an adult dependent relative” on the above link.
However, you can only be eligible if the adult in question needs long term care in order to carry out normal day to day tasks, such as cooking/cleaning/dressing and if the care is not available/affordable in their home country.
Given that she appears to be independent and able to look after herself this would not appear to be an option.
This being the case, the most sensible thing to do would be for her to apply for a long-term family visit visa. This could be granted for either 1, 2, 5 or 10 years. It would allow her to enter/leave/re-enter as many times as she likes provided that she does not spend more than 6 months in any 12 month period in the UK. It would also mean less/no questioning when she does enter.
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.
What about a residence card?
Expert:  Thomas replied 2 years ago.
Hi
A Residence Card is an EEA card:
https://www.gov.uk/apply-for-a-uk-residence-card
It only applies if the family member living in the UK is an EEA (ie. european national). As a uk citizen you are not regarded as such because your right to be in the derives from your UK citizenship, not because you are also an EEA national
This means that she is not eligible to apply for a residence card unfortunately.
Kind regards,
Tom
Customer: replied 2 years ago.
So basically we are getting penalised for being British ?
Expert:  Thomas replied 2 years ago.
Well, even if you were just an EEA national and not British (eg. French), she would still only be able to apply for a family permit/residence card if you were able to show that she was dependent on you. This is very similar to the requirements for an adult dependent relative visa, so the treatment is very, very similar (albeit frustrating).
Kind regards,
Tom
Customer: replied 2 years ago.
My mother in law has never claimed any benefits, can support herself and stays with us. She does not want to live here permanently, she'd just like to stay a bit longer than 6 mos at a time and/or come & go as she likes. Is there no other visa? What about investing in property or a business?
Expert:  Thomas replied 2 years ago.
Hi,
If she were minded to actually invest in a business in the UK and be active in that business (essentially a working visa) then a Tier 1 Entrepreneur Visa:
https://www.gov.uk/tier-1-entrepreneur/eligibility
She would have to invest £200,000 in a UK business of her own money, but only £50, 000 if the money was being provided by one of the following:
a venture capital firm registered with the Financial Conduct Authority (FCA)
a UK entrepreneurial seed funding competition endorsed by UKTI
a UK government department making funds available for the purpose of setting up or expanding a UK business
She would not be able to purchase a residential property (eg for letting) for the purpose of investing though.
There is no other family based visa relevant whilst she is able to look after herself.
Tom
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