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Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10190
Experience:  Barrister 17 years experience
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I have been living and working in the UK years

Customer Question

Hello.
I have been living and working in the UK for 2 years as a citizen of EU country. My mother is Ukrainian and 68 years old. Unfortunately, she widowed in February. She had applied for EEA family member permit visa to join the only child's family. She got a refusal on 24.09.2015. Decision was grounded on the 30 ppm Ukrainian state pension, she was claimed as non dependant and cannot be classified as EEA family member. Documents provided that I support my mother with 60 ppm were not enough to prove she is dependant.
My aim is to get my mother LIUDMYLA HANCHO joined the family in UK.
Could you please help and tell me what I need to do now? Can my mother apply for another category visa soon? If so, can she start filling in another application now? Or does she have to wait for some time?
What type of visa is proper for LIUDMYLA HANCHO taking into consideration her final aim to live with her daughter 's family in UK?
Thank you in advance.
Kind regards
Tetiana
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Buachaill replied 1 year ago.
1. Dear Tetiana, How much do you earn yourself? How much does your partner earn? Do you claim disability allowance or carer's allowance? Is £30 per month all that your mother earns? What additional expenditure does she have which is not covered within the e income? Have you evidence of money transfers from your bank account to your mother's bank account? What evidence of support of your mother do you have? Has your mother any illness or disability which would make her dependent upon your support? Financially or otherwise.
Customer: replied 1 year ago.
Hello MrCustomer
I earn from £1200 to £ 1400 a month. My husband earns about £1500 a month. We don't claim any disability or carer's allowance. Yes, my mother gets £30 a month as her regular retirement payment in Ukraine. This sum is enough to pay all her bills what we can prove if needed. Her retirement payment cannot cover food and clothes expenditure, so we send her £60-80 a month regularly. We can get evidence of money transfers from my husband's bank account to my mother's bank account if needed. The sum isn't transferred directly from the account to the account but with the help of a service which specialises on international money transfer. We can prove it. My mother doesn't have any official disabilities but she has certain old age illness which make her dependent upon our support, such as: knee joints movement difficulties and heart failure. It's difficult for her to do the shopping or go to the post office to pay her bills especially in winter when the streets are icy, so it's very important for her to join her family.
Expert:  Buachaill replied 1 year ago.
2. Dear Tatiana, your mother will be able to claim a "dependent relative" visa on the basis of her dependency upon you. This is why you must be able to show that you and your husband are sending her money each month and that she is dependent upon you from a health point of view. So evidence of her financial and her health dependency must be shown. It is important that she is not self-sufficient and is dependent upon you and your husband. The second requirement to get a dependent relative visa is that you and your husband earn more than £18,600 per year. This income requirement must also be proved. So you will need evidence that you earn more than this amount.
Expert:  Buachaill replied 1 year ago.

3. The application is made online here https://www.gov.uk/apply-uk-visa. The form is in the following format at this link https://www.gov.uk/government/publications/application-for-visa-family-settlement-or-reunion-form-appendix-1-vaf4a. Only use this form VAF if you cannot apply online. Be aware that your mother will have to show that you will be able to support her and that she will not be a burden upon the state. She will have to pay the healthcare surcharge and else buy private healthcare insurance for the first five years she is in the UK. https://www.gov.uk/healthcare-immigration-application/overview. This will set out how much she has to pay. Here is a link to the government website which provides you a general overview https://www.gov.uk/join-family-in-uk/overview. Look at the sections which apply to an adult dependent relative. Best of luck.

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