Chapter 15 - Entry for settlement: parents, grandparents, other dependent relatives

15.1	The categories of dependent relatives
15.2	Mainly or wholly financially dependent
15.3	No close relatives to turn to for financial support
15.4	Living alone outside the United Kingdom in the most exceptional compassionate circumstances
15.5	Maintenance and accommodation
15.6	Entry clearance endorsement

Chapter 15 - Entry for settlement: parents, grandparents, other dependent relatives

15.1 - The categories of dependent relatives ( Rules Paragraph 317) The requirements to be met by a person seeking indefinite leave to enter or remain in the UK as the parent, grandparent or other dependent relative of a person present and settled in the UK are that the person is related to a person present or settled in the UK in one of the following ways:

	(a)	mother or grandmother who is a widow aged 65 years or over; or
	(b)	father or grandfather who is a widower aged 65 years or over; or
	(c)	parents or grandparents travelling together provided that at least one is aged 65 or over; or
	(d)	parents or grandparents aged 65 years or over who have remarried / entered a civil partnership but cannot look to the spouse / civil partner or children of the second marriage for financial support, provided the UK sponsor is able and willing to maintain any person admissible as a dependant of the second marriage / civil partnership; or
	(e)	parents or grandparents under the age of 65 years if living alone outside the UK in the most exceptional compassionate circumstances; or
	(f)	sons, daughters, sisters, brothers, uncles or aunts over the age of 18 living alone outside the UK in the most exceptional compassionate circumstances and mainly financially dependent on relatives settled in the UK. Nephews and nieces are not included.

Once you have established that the applicant falls into one of the above categories, you may consider whether or not the person qualifies under the remaining requirements which are that the applicant:

• must be joining or accompanying a person who is present and settled with the UK or who is on the same occasion being admitted for settlement in the UK; and
• must be financially wholly or mainly dependent on the relative presented and settled in the UK; and
• has no other close relatives in his/her own country to whom he/she could turn to for financial support; and
• can and will be accommodated adequately together with any dependants, without recourse to public funds in accommodation which the sponsor owns or occupies exclusively; and
• can and will be maintained adequately together with any dependants without recourse to public funds.

15.2 - Mainly or wholly financially dependent
You will need to be satisfied that the dependence is one of necessity and not one of choice.

Remember also that while dependence in the context of the Rules refers to financial dependence, the issues of emotional and physical bonds should also be considered. Any such evidence should be given due weight and may serve to swing the balance in the applicant’s favour in a borderline case.

Evidence of financial support may be:

• payments from the sponsor necessary because the applicant is unable to finance himself/herself, possibly from a small pension;
• a house provided by the sponsor;
• rent from land or property owned by the sponsor and paid to the applicant.

The degree of financial support available to the applicant from relatives outside the UK should always be assessed. You may consider refusal if it is clear that there is a greater dependency on relatives elsewhere.

15.3 - No close relatives to turn to for financial support
Each case must be judged on its merits. However the courts have held that the essential point to consider is whether there is a close relative in the applicant’s own country who, while not necessarily as able and willing to maintain the applicant as the sponsor in the UK, has both the ability and the willingness to provide a home and/or financial support so as to make it reasonable to expect the applicant to depend on that relative rather than on the sponsor.

You should be satisfied that support from the other relative is a permanent commitment rather than aid in an emergency. The ability to provide continuing financial support can be a collective one shared amongst several close relatives.

You will also need to take account of the distance between the relatives, particularly in those countries where travelling even short journeys can be arduous. Consideration should be given to the age and health of the applicant and whether the relatives’ other commitments may affect their ability to pay regular visits.

Defining close relatives
Close relations may be sons, daughters, brothers, sisters, grandchildren, uncles, aunts and possibly nephews, nieces or in-laws. However, it should be stated that this will vary with the local culture. For example, in the sub-continent married women may be unable to provide support. Alternatively, if there are a number of close relatives there is no reason why there cannot be a collective ability to support the applicant.

The application of a couple who have no other close relatives should not be refused solely on the grounds that they have each other to turn to.

Enquiries and evidence
A Tribunal has taken the view that a decision to refuse an entry clearance on the basis that the applicant has close relatives to turn to in his or her own country is sustainable only if proper enquiries into the circumstances have been carried out and sound evidence has been obtained. It is therefore vital that any decision to refuse on that basis can be backed up with evidence which is as comprehensive as possible.

In cases where an applicant claims without supporting evidence that no relative is willing or able to provide support or where there is a conflict of evidence, the ECO will need to consider whether there are any ways of seeking evidence elsewhere. In certain cases it may be necessary to defer the application for an interview of the sponsor in the UK to corroborate the claims made by the applicant.

15.4 - Living alone outside the United Kingdom in the most exceptional compassionate circumstances
There are no guidelines for what constitutes exceptional compassionate circumstances. You must decide this by assessing the facts of an individual case.

You should bear in mind that this requirement is to be considered as part of the cumulative effect of the relevant Rules. For instance, an applicant who is financially wholly or mainly dependent on his/her UK sponsor and has no other close relatives to turn to for financial support, must show that his or her circumstances are exceptional in relation to other applicants in the same position.

The applicant’s standard of living does not have to be particularly low but nor should reference be made simply to the applicant’s standard of living in order to assess compassionate circumstances.

15.5 - Maintenance and accommodation
For general guidance on maintenance and accommodation requirements refer to Chapter 9 on this subject.

Sponsors of parents, grandparents and other dependent relatives need to provide a sponsorship undertaking form as part of the visa applications. You should follow the detailed guidance in Chapter 8.3 on undertakings for maintenance and accommodation. You can get a copy of the form from Chapter 8 Annex 1or from the Family Members Guidance (INF 6) on this website. You will need to send a copy of this form to DWP at the address given in Chapter 8.3.

In the case of parents or grandparents who have remarried or who have entered into a civil partnership ((d) above), the sponsor will additionally need to be willing to maintain any dependants of that second marriage or civil partnership even if they are not presently travelling. Dependants can include a parent or grandparent as well as the spouse, civil partner or child(ren) of the second marriage.

If other relatives of the main applicant are seeking entry at the same time, the ECO will need to be satisfied that adequate maintenance and accommodation is also available for them upon arrival in the UK.

15.6 - Entry clearance endorsement
An entry clearance issued in this category should be endorsed:

‘SETTLEMENT ACCOMPANYING/TO JOIN*

SON/DAUGHTER/GRANDCHILD/FATHER/MOTHER/SISTER/BROTHER* WITH INDEFINITE LEAVE TO ENTER

*delete as appropriate.