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Parents, Grandparents and Other Relatives

Parents or grandparents who are coming to the UK to live with their adult children or grandchildren need to show that:

1. 1. They are a widow or widower aged 65 or over, or
   2. If they are married they are traveling together and one of them is aged 65 or over, or
   3. If they have married again they cannot look to the spouse or child(ren) of the second marriage for support, providing the UK sponsor is prepared to maintain second child(ren) or spouse as well as the parent or grandparent.
2. They are wholly or mainly dependent on their children or grandchildren in the UK
3. They have no other close relatives in their home country they can turn to for support
4. The relative they are joining in the UK is either already settled or traveling with them for settlement
5. They will be accommodated in accommodation the relative owns or occupies exclusively without the need to claim additional benefits
6. They can be looked after without the need to claim additional benefits.

The age requirements are interpreted strictly and it is important to prove the parent’s or grandparent’s age when making the application.

The financial dependency does not necessarily need to be in the form of money, but there must be a financial dependency e.g. in the form of the relative in the UK providing food, clothing, meeting medical costs etc.

If there are other adult relatives in the parent or grandparent’s home country who can care for them then the application will have difficulty succeeding unless there are special circumstances that mean the relative in the home country cannot care for them, for example, cultural traditions, or if the relative in the home country has medical problems themselves.

Parents and Grandparents under 65 years

This category relates to parents and grandparents under the age of 65, children over 18 years, siblings, and uncles and aunts wishing to settle with a relative in the UK. The rules for these relatives are more restrictive than for parents and grandparents who are 65 and over.  The applicant must satisfy all the other rules except the age requirements, and in addition, they must show that they are living alone outside the United Kingdom in the most exceptional and compassionate circumstances.

The exceptional and compassionate circumstances need to be quite serious for an application to succeed. Examples would be medical requirements which mean the applicant requires a carer and there are no relatives to care for the Applicant in their home country.

Other Relatives

For other more distant relatives there is provision for applications to be made outside the immigration rules.  Such applications are at the discretion of the Home Office which can grant such applications if they believe there are sufficient compassionate circumstances. The period of leave granted with applications outside the rules is also at the discretion of the Home Office.

How is the application made?

The application can be made at the British Embassy in the applying relative’s home country or in the UK but only if they are already here and in a category that allows them to switch status.  It may be necessary for the relative to return to their home country to make the application if they are not able to change their status within the UK.

What sort of Permission to Remain in the UK will be granted?

If the requirements of the rules are satisfied then indefinite leave to enter the UK (Settlement) is normally granted