Who Qualifies as a Parent for ILR?
ILR for dependent parents is possible if their child is either a British citizen or settled in the UK with ILR. Eligibility depends on the family relationship, the child's residency status, and the type of visa the parent currently holds. There are two main routes for parents to apply:
Family Visa as a Parent
This applies to the parents of children under 18 years of age who are either British citizens or have indefinite leave to remain in the UK. They must have sole or shared responsibility for the child and also have an active role in the child's upbringing. They also must meet the financial and residence requirements if applying via the 5-year route.
Adult Dependent Relative Visa
This route is for parents requiring long-term personal care that can only be offered by their child in the UK. The dependency must be medically confirmed, and the visa application process is stringent, with high financial charges above £3,000. It is available for cases where suitable care is not provided within the parent's country of origin.
Eligibility Criteria for Parent ILR Applications
The following conditions are used to qualify:
Residency Period: Generally, parents must have been living in the UK for at least five continuous years on a family visa or as a dependent. The long-residence route is ten years.
Relationship Proof: Applicants will be required to provide proof of their relationship to the child, such as a birth certificate or legal adoption documentation.
Living Arrangements: Parents applying under the family visa must live with or have active access to the child. In cases of shared responsibility, the other parent must be settled in the UK.
Financial Requirements: For the 5-year route, applicants must show they can support themselves and the child without relying on public funds. This includes evidence of income and accommodation.
Knowledge of Life in the UK: Most applicants, unless exempt, are required to take the Life in the UK Test and meet the requirements for English language proficiency.
Main Steps in the ILR Application Process
Document Preparation
Required documents are proof of residency, proof of parent-child relationship, financial records, and proof of English language ability.
Application Submission
Applications should be submitted online using the UK Visas and Immigration portal. Ensure all forms are accurate and complete so there are no delays in processing.
Biometric Appointment
A biometric appointment is required to provide fingerprints, a photograph, and other information necessary for this purpose.
Fees and Processing Time
The application fee for ILR is £2,885 per person, plus an additional fee for priority processing. Applications can take up to six months, though expedited options are available at an additional fee.
Challenges and Considerations
For the application of ILR for dependent parents, they must prove their connection to the child and compliance with visa conditions. If the Home Office finds gaps in documentation or residency, the application may be rejected. To demonstrate self-sufficiency, it is also very important to meet financial thresholds, especially for the family visa route.
Watch this video to learn everything you need to know about ILR.
Advantages of ILR for Parents
An ILR for dependent parents gives them long-term residency rights in the UK, including access to healthcare and other public services. It also offers stability, given that ILR eliminates the recurrent renewal of visas for families with dependent relatives in need of care.
Get ILR Gudiance
Parents of British citizens or settled status holders who qualify under specific routes can apply for ILR. There is a range of preparations, from showing financial stability to full requirements of residency involved in the application process. It is recommended to get professional help is from A Y & J Solicitors to ensure that your application of ILR for dependent parents is in strict accordance with the Home Office requirements and processed quickly.
