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British immigrants: how do British Chinese apply for their parents to go to the UK for retirement?
It should be noted that the British government has always been very strict about this type of visa, and the application conditions are also very harsh. The immigration law has detailed requirements on the age, income, social security and physical condition of such applicants.
Generally speaking, if you want to apply for China parents to settle in the UK and enjoy relevant medical care and security in the UK, you need to meet the following conditions:
1) The applicant's guarantor (child) has obtained British nationality/permanent residency;
2) One or both parents are over 65 years old;
3) Parents are in poor health and need long-term care;
4) No other immediate family members, caregivers or domestic workers provide care in China;
5) Parents have no old-age security in China, or the pension is not enough to support daily living expenses;
6) When living in China, all or most of the living expenses come from the applicant sponsor (children) in the UK.
7) The applicant's guarantor (children) can provide accommodation for parents and bear the living expenses without seeking public funds.
In other words, the following conditions do not meet the requirements:
1) If the applicant is under 65 years old, it is usually not allowed: because the British government believes that the applicant still has the ability to take care of himself;
2) Applicants with a certain wage income or a certain pension are usually not allowed: because the government believes that the applicant has the financial ability to enjoy social security benefits in China, the British government has no responsibility and obligation to take care of the applicant;
3) If the applicant owns his own property, it is usually not allowed: because the British government thinks that in this case, the applicant has already had basic living security, and although the applicant's children have obtained British nationality/permanent residency, the British government has no reason to take care of a China citizen;
4) If the applicant has other children in China, usually not: because the applicant can choose their children in China to take care of themselves;
5) If the applicant has a certain deposit, it is usually not possible: because the applicant has the ability to protect his own life.
China people tend to think according to their traditional mode of thinking, and think that it is natural for their children to support the elderly. However, in the actual legal operation, the relevant provisions of Britain clearly stipulate the conditions of "need support", especially as the government's responsibility and obligation to residents' human rights, which is not taken for granted in many cases. From the government's point of view, supporting the elderly is not the legal responsibility and obligation of children, but the responsibility and obligation of the government, as well as the responsibility and obligation of hospitals, nursing homes, social security systems and other relevant government functional institutions. When the applicant's country of origin has the ability or the applicant has the ability to support himself, the British government has no responsibility and obligation to bear this part.
However, even if the British Immigration Bureau is so strict with this kind of visa, after in-depth study of the relevant regulations and comprehensive preliminary preparations according to the customer's situation, the author thinks that this kind of visa is quite operable. The following are two typical cases I have dealt with:
Successful case analysis a:
Both the applicant and his wife are over 65 years old, have no other children, are in poor health and have a low income. In the past three years, most of the living expenses have been provided by British relatives.
In this case, our breakthrough point is: 1) parents are in poor health and need to be taken care of; 2) Parents' income is low, and most of the living expenses are provided by British relatives; 3) Parents have no other children in China.
We prepared more than 50 pages of evidence to support the above three points, and finally we were successfully approved.
Successful case study b:
The applicant and his wife, one of whom is over 65 years old, one son is in England and the other son is in China. The husband and wife are in average health and have a medium income. In the past two years, part of their living expenses have been provided by their English son.
The key points of this case need to be explained: 1) The couple's son in China was repeatedly drunk, arrested and sentenced, with no income and no ability to support; 2) Collect evidence to prove that both husband and wife are in poor health and need personal care, such as heart disease, diabetes and other diseases that are easy to cause emergencies; 3) At the same time, it is necessary to prove that there is no relevant institution in China that can provide similar services; 4) Prove that parents' daily living expenses come from Britain.
We spent three months preparing this case and collected a lot of evidence to prove the above points, which was finally approved.
Although this visa condition is very strict, there are still loopholes in the old visa system. For example, an applicant can apply for a residence visa directly in the UK after entering the UK with a tourist visa (and the British government cannot repatriate the applicant! Why? Because the applicant is over 65 years old, as long as proper proof is provided, the Immigration Bureau will not easily repatriate older people. For the Immigration Bureau, repatriating the elderly is a law enforcement risk, and the applicant will obviously not cause harm to British society). However, since we successfully exploited this loophole in the last case, the Immigration Bureau quickly revised the regulations to prohibit holders of tourist visas from applying for such visas in the UK.
Expert advice:
This kind of visa is similar to the general visa type in procedure, but it needs a long preparation period. For example, the most important thing is to prove that Britain has remitted money to China for a long time-to prove that the guarantor (child) who applied in Britain has provided living expenses to the domestic applicant for a long time. It is suggested that this time period should be 2 years, at least 1 year, with regularity, such as once every 3 months.
At the same time, it is necessary to strengthen the information background of some applicants (children) in the UK, such as a stable job, a stable deposit, a comfortable living environment and so on.
The above is just a very brief overview. This type of visa is a typical human rights application. For example, divorced couples applying for children to come to Britain need professional legal awareness to prepare relevant materials, otherwise they will be easily rejected.
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