Fri | Jan 18, 2019

Immigration Corner | Elderly relative migrating to the UK

Published:Tuesday | October 30, 2018 | 12:00 AM


Dear Mr Bassie,

I am a senior citizen living in Jamaica. My daughter visited me and says that I cannot manage by myself anymore and I should think about going to live with her in the United Kingdom.

I have never lived anywhere other than here, and I would like to know if it is possible for me to legally go and reside with her at this stage of my life. Any advice would be greatly appreciated.

- LD

Dear LD,

To apply as an adult going to be cared for by a relative, you must be living outside the United Kingdom. You should need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the United Kingdom.

With respect to the relative, one of the following must also apply: he/she must be a British citizen; he/she must have settled in the United Kingdom, that is, have 'indefinite leave to remain' or proof of permanent residence; he/she should have refugee status or humanitarian protection over there.

You must prove all of the following:

- You need long-term care to do everyday personal and household tasks because of illness, disability

or age;

- The care you need is not available or affordable in the country you reside in;

- The person you will be joining in the United Kingdom will be able to support, accommodate and care for you without claiming public funds for at least five years;

- You are over 18 years of age.

Your stay will be unlimited if you apply to join a family member who is British or who settled in the United Kingdom, and you will not need to apply to extend or settle. Your stay will also be unlimited as long as your family member has refugee status or humanitarian protection in the United Kingdom. However, it should be noted that you will need to apply to extend or settle whenever your relative does.

When making the application, you must apply as an adult dependent relative online and complete Appendix 1 to the application ,and you must use form FLR (HRO) to extend your stay in the United Kingdom. Please be aware that you will need to prepare the necessary information and send documents with your application.

Good luck.

- 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 and a member of the Immigration Law Practitioners Association (UK).