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Lawyer21
Lawyer21, CILEx Lawyer & SRA Accredited Immigration Adviser
Category: Immigration Law
Satisfied Customers: 2719
Experience:  CILEx Lawyer & SRA Accredited Immigration Adviser
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My grandmother have humanitarian protection in Spain as well

Customer Question

Hi, my grandmother have humanitarian protection in Spain as well as my mother, my mother have become mentally unstable and incapable to care for my grandmother, I refugee settlement status and I want to bring my grandmother here so I can take care of her, there is a visa that I could apply for but ask me to be earning certain amount of money per month that unfortunately I don’t earn as I’m an student plus the application fee is not on my reach, what could I do? My grandmother is a Venezuelan national 82 years old an suffers from early stage of dementia
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: No steps, no paper work done, I’m Venezuelan with refugee settlement in the uk
JA: Have you talked to a lawyer about asylum?
Customer: My grandmother already claim asylum in Spain and was refused but given an humanitarian protection instead
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 19 days ago.
Category: Immigration Law
Expert:  Lawyer21 replied 19 days ago.

Hi, Welcome to Justanswer

I will read your question and respond

Expert:  Lawyer21 replied 19 days ago.

Are you on a Tier 4 visa in the UK and when does this expire?

Customer: replied 19 days ago.
Hi thanks, ***** ***** refugee settlement in the uk. (Indefinite leave to remain)
Expert:  Lawyer21 replied 19 days ago.

When was your mother and grandmother granted refugee status in the UK?

Expert:  Lawyer21 replied 19 days ago.

I will set out the rules to bring Adult dependant in the UK.

Expert:  Lawyer21 replied 19 days ago.

The Adult Dependant Relative visa category is for non-EEA adult dependent relatives of British citizens in the UK, persons settled in the UK, or persons in the UK with refugee leave or humanitarian protection status, who wish to settle here.

Requirements for an Adult Dependant Relative visa

In order to qualify for an Adult Dependant Relative visa you will need to satisfy UK Visas and Immigration that:

  • You are the parent aged 18 years or over, grandparent, brother or sister aged 18 years or over or son or daughter aged 18 years or over of a person who is in the UK and that person is over 18 and either a British citizen, settled in the UK or a person with refugee leave or humanitarian protection status;
  • As a result of age, illness or disability, you require long-term personal care (that is help performing everyday tasks, e.g. washing, dressing and cooking);
  • You are unable, even with the practical and financial help of your family member in the UK, to obtain the required level of care in the country where you are living because it is not available and there is no person (close relative, home-help, housekeeper, nurse, carer, care or nursing home) in your country who can reasonably provide it, or because it is not affordable;
  • You will be adequately maintained, accommodated and cared for in the UK by your family member, without recourse to public funds (if your family member is a British citizen or settled in the UK, they will be required to sign a 5-year undertaking to this effect).

What else do I need to know about the Adult Dependant Relative visa?

The Adult Dependant Relative visa route is only available to applicants outside the UK. It is not possible to switch into this route from within the UK.

Even if the person applying for an Adult Dependant Relative visa does experience the high level of ill health required by the second criterion, the third criterion is even harder to meet. Most sponsors who are able to afford to maintain and accommodate their dependent relative for five years will find it hard to prove that they cannot afford to provide care for that relative in their country of origin.

If you are granted an Adult Dependant Relative visa under the Immigration Rules then you will be permitted to enter, and remain in the UK, indefinitely.

Customer: replied 19 days ago.
My mother and grandmother were granted, humanitarian protection for one year in Spain, not in the uk.. they claimed asylum but this was refused and given instead the humanitarian protection for one year, it was given to them in oct2020
Expert:  Lawyer21 replied 19 days ago.

Yes I understand that it was not in the UK.

However, I am setting out the requirements for your mother and grandmother that would need to be met in order for them to come and join you in the UK.

Expert:  Lawyer21 replied 19 days ago.

Thank you

Customer: replied 19 days ago.
I see, thanks for the information, I saw that visa option on the government website, the problem is that is too expensive for me to afford, they are asking me to pay around 3000 pounds for the application and to earn certain amount of money per year that I don’t earn because I’m an student, so do you know any other way I bring my grandmother here with me?
Customer: replied 19 days ago.
My mother will stay in Spain.. is just my grand mother that needs care by me
Customer: replied 19 days ago.
For instance: Could my grandmother humanitarian protection be transfer to the uk?
Expert:  Lawyer21 replied 19 days ago.

You cannot transfer Humanitarian protection from one country to another. The rules regarding refugee state that an applicant seeking refugee status must claim asylum as soon as practicable to do in that country, which accepts refugee claims.

Customer: replied 19 days ago.
Right I understand, so I haven’t got any other option than just the adult dependant relative visa?
Expert:  Lawyer21 replied 19 days ago.

Yes unfortunately not

Customer: replied 19 days ago.
Ok, Thanks a lot for all the information you gave me.
Kind Regards
Expert:  Lawyer21 replied 19 days ago.

Your welcome and thanks for the question