Mon | Sep 27, 2021

Immigration Corner | Elderly persons migrating for care

Published:Tuesday | July 27, 2021 | 12:06 AM

Dear Mr Bassie,

I am up in age and a relative in the United Kingdom has kindly offered to take care of me over there. Is this possible? If so, any information would be appreciated.

– M.S.

Dear MS,

Persons who are applying as an adult and going to the United Kingdom to be cared for by a relative must meet certain criteria.

Those persons must be outside the United Kingdom to apply, and need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the United Kingdom.

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

• He or she must be a British or Irish citizen;

• He or she must have settled in the United Kingdom; for example, he or she must have indefinite leave to remain, settled status or proof of permanent residence;

• He or she must be from the European Union (EU), Switzerland, Norway, Iceland or Liechtenstein and have pre-settled status, and must have started living in the United Kingdom before January 1, 2021;

• He or she must have refugee status or humanitarian protection in the United Kingdom.

Please be aware that if the settled family member has settled status, the applicant may be able to apply to the free EU Settlement Scheme or for a family permit.

The person seeking to go over there must prove all of the following:

• He or she needs long-term care to do everyday personal and household tasks because of illness, disability or their age;

• The care needed is not available or affordable in the country which he or she lives in;

• The person he or she will be joining in the United Kingdom will be able to support, accommodate and care for the applicant without claiming public funds for at least five years;

• He or she is 18 years old or over.

HOW LONG PERSONS CAN STAY

The length of time that persons can stay will depend on the status of their family member.

If the family member is British, Irish or settled in the United Kingdom, his or her stay is unlimited and it will not be necessary to apply to extend or settle.

If the family member has pre-settled status, they must have started living in the United Kingdom before January 1, 2021. This would mean that the successful applicant will be able to stay as long as their family member stays. However, he or she will need to apply to extend or settle when the family member does so.

If the family member has refugee status or humanitarian protection in the United Kingdom, he or she can stay as long as the family member stays and will also need to apply to extend or settle when that person does.

HOW TO APPLY

Persons will need to prepare information and documents to provide with their application. They must apply as an adult-dependent relative online and complete Appendix 1. Please be aware that persons may also apply online to extend their stay in the United Kingdom.

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, global vice-president of the Chartered Institute of Arbitrators, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com