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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience:  Barrister 17 years experience
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My Mother is 75years old and is nearly blind and very fragile.

Resolved Question:

My Mother is 75years old and is nearly blind and very fragile. She can barely walk as well. My Father is 77years old. All their children are British based in the UK - four of us, and we can look after without recourse to public funds.
I was looking at the application process and thought before putting in an application, to see what our options are as the government have made it difficult to get leave to remain in the UK since 2012. They are currently in the UK on a two-year visa.Can we apply whilst they are here in the UK?
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  Buachaill replied 1 year ago.
1. What type of visa are your parents currently on? What nationality are your parents? Have they lived longer than the two years in the UK?
Customer: replied 1 year ago.
1. They are in a two year visa
2. Only been in the UK since July this year - 2015
3.They are Nigerian
4. No they have only been here for two months
They lived in the UK for 11 years, they were on a work visa back in 1965. My Mum worked for Natuonal Savings Bank and is currently drawing her pension from them.
My dad was an Engineer for Leyland motors when he lived here in the UK.
Kind regards,
Khafayah
Expert:  Buachaill replied 1 year ago.
1. Dear Khafayah, If you or one of your brothers or sisters has become naturalised in the UK and are a UK citizen, then you will be able to apply for a further 2.5 year extension of this visa on the basis that your parents are dependent upon you. As a UK citizen, you are entitled to have dependent relatives come and live with you in the UK provided, firstly, they have sufficient funds to support themselves and are not a burden on the public purse and secondly, that they have private medical cover which will ensure any hospital stay is covered whilst in the UK. However, with this latter requirement, your parents may have access to the NHS if they worked in the UK for 11 years. If you want to provide further details, I will assist further here.
Expert:  Buachaill replied 1 year ago.
2. You can apply online here https://www.gov.uk/government/publications/sponsor-a-visa-applicant-form-su07 - on Form SU07. Here is a link to the form https://www.gov.uk/government/publications/sponsor-a-visa-applicant-form-su07. Be aware that your parents need five years continuous residence in the UK to become naturalised as citizens at which point they will no longer need to apply for visas. So I would suggest that this is the objective to pursue.
Customer: replied 1 year ago.

Thank you very much for your response. One of my siblings naturalised but the rest of us were born here in the UK.

Could you please provide me with further details on access to the NHS. They both still have their national insurance numbers.

Kind Regards,

Khafayah

Expert:  Buachaill replied 1 year ago.
3. Article 11 of Directive EC/2004/883, provides that access to the NHS is based upon residency. Here as your parents will have paid "stamps" or National Insurance contributions, they will be entitled to access the NHS. this is in addition to their pension rights.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10457
Experience: Barrister 17 years experience
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