Family reunion is one of the most serious challenges in UK immigration.British citizens and migrants with indefinite leave to remain in the UK are entitled in some limited circumstances to bring to the UK their dependent parents, grandparents and other relatives.

In this respect, EEA nationals enjoy much more generous provisions of the EEA Regulations. Some British citizens may also benefit from the EEA regulations and it is worth seeking legal advice if not sure.

The immigration rules provide that dependent relatives must be financially wholly or mainly dependent on the UK-based sponsor and require from the sponsor help with personal care which could not be made by paid arrangements in the country of habitual residence.

Other requirements are that at least one of the parents or grandparents is over the age of 65.  They should either be travelling together or be single, divorced, widowed, or separated. If they are in a relationship with a person not related to the UK based sponsor, the sponsor has to demonstrate willingness and ability to accommodate their spouse or unmarried partner without recourse to public funds.

The sponsored parent or grandparent should have no other relatives in their own country to whom they could turn for financial support.

And the sponsor has to demonstrate that their funds are sufficient to provide for maintenance and accommodation of their dependent relatives in the UK without recourse to public funds.

Other dependant relatives, such as children over the age of 18, brothers, sisters, uncles or aunts, are only entitled to join their UK based sponsor if they are living alone outside the UK in “the most exceptional compassionate circumstances”. The same applies for a parent who has not yet reached the age of 65. The term received judicial attention in the Court of Appeal in March 2012.  Please see our news article of 30 March 2012 for more details.

Successful applications result in grant of indefinite leave to enter with an attached condition of no recourse to public funds.  After five years, these conditions are lifted.  The sponsored relative is entitled to apply for British citizenship after five years of residence. At least one year has to be spent in the UK with indefinite leave to remain – which is normally met on completion of the five year period.

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