What you need to know about emigrating to the UK and EU with your parents or grandparents
BT
This is according to immigration consultants Breytenbachs, which noted that it was often difficult for these elderly parents or grandparents to take care of themselves financially and emotionally.
Fortunately it is possible to bring an elderly relative with you in the form of the Elderly Dependent Visa – despite the strict requiremnts, said Breytenbachs
Criteria for elderly dependent
The elderly dependent may not be in a subsisting relationship with a partner unless that partner is also the UK sponsor’s parent or grandparent, said Breytenbachs.
If so, the partners must apply for the elderly dependent visa at the same time.
“You have to provide prove that the elderly applicant needs long-term personal care to perform every-day tasks due to age, disability or illness. You also have to provide proof that the elderly applicant is basically unable to live independently.
“There also need to be medical records, showing why the elderly person needs long-term permanent care,” it said
In addition, Breytenbachs noted that the person who applies for the elderly dependent visa must be unable, even with the practical and financial assistance of the UK sponsor, to obtain the required level of care in his/her home country.
This can be because it is either not affordable or not available.
Criteria for UK Sponsor
The sponsor must be a British Citizen, and be present and settled in the UK. The sponsor can also be under humanitarian protection or a refugee, said Breytenbachs.
This means it may be necessary for a South African to complete the emigration process first, before bringing their loved one over.
“He/she must prove that he/she is able to provide adequate maintenance, accommodation, and care for the elderly dependant without having to rely on UK public funds.
“The sponsor need to sign a sponsorship undertaking form to confirm that he/she will be responsible for the care of the elderly dependent. This form also states that the sponsor cannot rely on public funds for a period of at least 5 years.”
Using EU Law
If the UK sponsor have an EU nationality, it will definitely simplify matters, said Breytenbachs.
“This is because the rules for the elderly dependents are much more lenient under the EU Immigration law.
“Under EU law, you can bring an elderly dependent to the UK. This can be done by showing that you are exercising treaty rights in the UK by studying, working, being self-employed or self-sufficient.
“You also need to prove that the elderly dependent/s is dependent on you.”