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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7724
Experience:  UK Lawyer holding practising certficate for England & Wales.
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How would like to apply for my mother to come live with me

Customer Question

How would like to apply for my mother to come live with me here in the UK. She now lives in the US but does not have any official papers. She has lived there for about 18 years. What process would l need to go through.
Assistant: Where are you located? It matters because laws vary by location.
Customer: Wales
Assistant: Has anything been filed or reported?
Customer: No
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Immigration Law
Customer: replied 2 months ago.
Will my question be answered?
Customer: replied 2 months ago.
Is anyone there
Customer: replied 2 months ago.
Am I connected
Expert:  Thomas replied 2 months ago.
Hi
Thanks for your question.What nationality are you please?
What nationality is your mother?What is her immigration status in the United States?Kind regards.Tom
Customer: replied 2 months ago.
She is of Jamaican nationality and I am British by naturalization . She is an illegal immigrant in the USA
Expert:  Thomas replied 2 months ago.

Hi

Thanks for your question. I will try to help.

It’s a difficult situation. Firstly, to apply for any visa she would either have to regularise her status in the US and obtain a visa OR return to Jamaica and make the application for a UK visa from there.

She needs to see an immigration attorney in the US to see about regularising her status there first, if she is not able or unwilling to return to Jamaica.

In terms of permanent visas for the UK, the options are fairly limited. This is because in order for an elderly relative to come to the UK to live permanent where they do not intend to work (please let me know if she does intend to work) they would have to show that they are dependent upon you because of illness/disability or age.

The government webpage on this is here, it is called an “adult dependent relative visa”:

https://www.gov.uk/uk-family-visa/adult-dependent-relative

You will see that in order to be eligible for this she must show:

{C}· you need long-term care to do every day personal and household tasks because of illness, disability or your age

{C}· the care you need is not available or affordable in the country you live in

{C}· the person you’ll be joining in the UK will be able to support, accommodate and care for you without claiming public funds for at least 5 years

If your mother does not meet this threshold then she would not be eligible for this.

If you think she does meet this threshold then you should strongly consider instructing a UK based solicitor practising immigration law in order to advise you on the chances of success and to collate your supporting documentation.

If your mother is not eligible for this then she could apply for visit visas. This can be granted on a long term multi-entry basis of either 1, 2, 5 or 10 years (or just 6 months), this would allow her to enter the UK and then leave as many times as she likes but subject always to the restriction that she must not spend more than 6 months in any 12 month period in the UK. However, the fact that she has illegally stayed in the US is a warning sign to the home office and so it’s presents a problem in that they will be worried that she may overstay her visit visa and so the risks of a refusal are high and you would certainly have to again instruct a solicitor to prepare the application for you.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 2 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom