Immigration Corner | How a sick, elderly person can go to live in the UK with a relative

Dear Mr Bassie,

I am a sick, elderly person and my son is encouraging me to come and live with him in the United Kingdom, so that he and his family can take care of me. Please let me know if this is possible, and how to apply.

RR

Dear RR,

Persons can apply as an adult to go to the United Kingdom (UK) to be cared for by a relative.

Those persons must need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently over there. They can only apply from outside the UK, unless they are there already and are applying to extend their stay on this visa.

Please note that one of the following must also apply to the relative:

• He/she is a British or Irish citizen;

• He/she has settled in the UK, for example, they may have indefinite leave to remain, settled status or proof of permanent residence;

• He/she is from the EU, Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status. However, the person must have started living in the UK before January 1, 2021;

• He/she has protection status (leave to remain as a refugee, permission to stay as a refugee or a person with humanitarian protection) in the UK.

If the family member has settled or pre-settled status, he/she may be able to apply to the free EU Settlement Scheme.

WHAT THE APPLICANT WILL NEED TO PROVE

The applicant must prove that they need long-term care to do everyday personal and household tasks because of illness, disability or your age; they are 18 years old or over; and the care they need is not available or affordable in the country that they live in.

Persons must also prove that the relative they are joining in the UK can accommodate and care for them for either the whole time the relative has permission to stay in the UK or for five years, if the relative is a British citizen or settled in the UK.

The family member must have enough money to support the applicant without relying on public funds. The caseworker will consider their income, housing costs and any care costs. It is advisable that persons check the information and evidence that they will need to prove their relative’s income.

How long persons can stay in the UK will depend on the status of the family member. If the family member is British, Irish or settled in the UK, then the applicant’s stay is unlimited, and will not need to apply to extend or settle.

If the family member has pre-settled status, they must have started living in the UK before January 1, 2021. Those persons can stay as long as their family member stays. However, the applicant will need to apply to extend or settle when the family member does.

If the family member has protection status, that is, leave to remain as a refugee, permission to stay as a refugee, or a person with humanitarian protection in the UK, those persons can stay as long as their family member stays. They, too, will need to apply to extend or settle when the family member does.

HOW TO APPLY

Persons will need to prepare information and evidence to provide with their application. They must apply as an adult dependent relative online and complete Appendix 1. If already in the UK, persons must apply online to extend their stay in the UK.

If applying from outside the UK, persons will usually get a decision within 24 weeks; and if applying from inside the UK, they will usually get a decision within eight weeks.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the past global president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com