The following requirements must be met by persons seeking indefinite leave to remain in the UK as the parent of a relative present and settled in the UK.

In addition to proving the family relationship in question, it is necessary to show that:

• the applicant is financially, wholly or mainly, dependant on the relative in the UK (see note below on ‘wholly or mainly dependant); and

• the applicant has no other close relatives in his or her own country to who he or she could turn for financial support (See note below on ‘without close relatives to turn to’; and

• he or she can, and will, be maintained and accommodated adequately, together with any dependants, without recourse to public funds (defined as income support, family credit, council tax benefit, housing benefit, etc.); and

• where the applicant is under 65 years of age, he or she must be living alone in the most exceptional compassionate circumstances (see note below on ‘exceptional compassionate circumstances’).

Entry clearance must normally be obtained from a British Post overseas. However, a person already present in the UK as a visitor may request variation of their status by submitting an appropriate application to the Home Office. We should stress that in those circumstances the Home Office would wish to be assured that there had been a genuine change of situation post-entry and that the applicant had not entered by deception.

Applications of this nature can be complex and mistakes are difficult to correct. We strongly advise persons considering such an application to enlist the advice and assistance of a specialist immigration solicitor.

"Dependence" means financial dependence. Of course, dependence must be necessary and not contrived, e.g. if an applicant possesses property and other assets, but gives them away to various family members, they would not meet this requirement.

In previous years, this condition has been subject to various legal interpretations. Although a complex matter, the rule can be stated as meaning that before an applicant parent is disqualified, there must be people in his or her home country to turn to, who are able and willing to meet the financial and other needs (including emotional needs) of the applicant, even if these have previously been met by the "sponsor" in the UK.

It is of course a subjective assessment on the part of the Visa Officer or the Home Office official as to whether exceptional compassionate circumstances exist on the facts of a particular case. The test is a high one, but in appropriate circumstances the Home Office will consider it satisfied in order not to make it an impossible test which cannot be effectively applied. 

It should be noted that this requirement only applies where the applicant present is aged under 65. If the applicant (or when both parents are applying, one of the applicants) are 65 or over, this requirement does not need to be met.

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DJ Webb Immigration Solicitors 

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