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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10621
Experience:  Barrister 17 years experience
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I am a UK citizen. I live in the UK with my American wife.

Resolved Question:

I am a UK citizen. I live in the UK with my American wife. My wife's mother recently died and her dad is in his mid 80's and needs help. He has poor eyesight. He is financially secure. We would like to bring him over so we can look after him. Can we bring him over and apply from here or should we apply for a family visa from the US? It will be very challenging to get him to the biometric centre etc?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. You have a choice here. Your wife's father can come to the Uk on a tourist visa and then apply to remain with family. This requires two visa applications and raises the issue on the second visa application as to why the full story wasn't stated in the first visa application. Here is a guide to applying to remain with family https://www.gov.uk/remain-in-uk-family. This requires two visa applications. HOwever, it has the merit in that your wife's father will be in the UK during the second visa application. Here the second visa application will be a "dependent relative" application.2. The alternative is to make one visa application from the US. This is on the "dependent relative" basis and would give your wife's father the right to live in the UK WITH HIS daughter. Normally, a response is obtained after six weeks of the application being made. However, it can take up to three months.
Expert:  Buachaill replied 1 year ago.
3. In either instance, your wife's father will have to pay the health surcharge and show he is not a burden on the state during the next five years. This is done by showing income in excess of £18,600 by you and your wife. Be aware that your wife's father will have to show:he needs long-term care to do everyday personal and household tasksthe care he needs is not available or affordable in americayour wife who he will be joining in the UK will be able to support, accommodate and care for him without claiming public funds for at least 5 years
Customer: replied 1 year ago.

Thank you for your reply. Your reply leaves us in a major quandary and we feel it is somewhat contradictory. I am sure it is the law that is contradictory and not your reply. Our concerns are as follows. He is currently in a retirement community and is well looked after as far as meals etc. According to the link you sent us to in order to qualify "The care you need is not available in the country you live in." He can afford to stay in this facility and will never become a burden on anyone else. His failing eye sight has seen him become isolated from the rest of the community and he is now totally alone. He has only one living family member a brother who sees less than once a year. Does the fact that his Daughter(My wife) has only lived here for 4 years have any bearing on the matter? It would be extremely difficult to get him through the visa application in the states, he is not capable of filling out the documents and he has no one there to help him. If we do as planned and get him in January, we are concerned about your comment that questions could be raised about why we weren't truthful on the first visa application. I presume you mean entering the country on a tourist visa with a return ticket. What are the chances he could be sent back? Is that a real fear? He has no where to go back to if we take him out of the retirement home. Can we ship his possessions over or do we need to wait until he has got an extended visa/ Please advise.

Warm regards,

Robin Spence

Expert:  Buachaill replied 1 year ago.
4 Firstly, the fact, his daughter has only lived in the UK for four years will no impact adversely upon any application he makes. It is not really relevant at all. Secondly, there is no real fear he will be sent back if he is on a tourist visa. However, whatever story he tells when he gets the tourist visa has to be the same when he looks for a dependent relative visa. Thirdly, you should wait until he has a permanent visa before you start shippoing his possessions over. Otherwise you are tempting fate. Finally, I know these rules might seem contradictory. However, they are written with people from less developed countries (not the US) IN MIND. So they might seem inherently contradictory. However, this is the law. I didn't make it up. Please RATE the Answer as otherwise your expert does not receive any of the monies you have paid the website.
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