Dear Mr Bassie,
I am up in age and I have a relative in the United Kingdom who has offered to take care of me if I choose to go there and live. I am not sure if this is possible and I would like to know under what circumstances I would be permitted to stay there.
Persons can apply as an adult going to be cared for by a relative in the United Kingdom. Those persons must reside outside of the United Kingdom to apply and should need long-term care from a parent, grandchild, brother, sister, son or daughter who is living permanently in the United Kingdom.
In order to qualify, one of the following must also apply to the relative in the United Kingdom:
– That relative is a British citizen;
– That relative is settled in the United Kingdom – for example, he/she has indefinite leave to remain, settled status or proof of permanent residence;
– That relative has refugee status or humanitarian protection in the United Kingdom.
Please note that if the family member over there has settled status, the applicant family member may also be eligible to apply to the European Union Settlement Scheme or for a family permit. In order to be eligible, the applicant family member must prove all the following:
– He/she needs long-term care to do everyday personal and household tasks because of illness, disability or age;
– The care he/she needs is not available or affordable in the country in which the relative presently lives;
– The person he/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/she is 18 years old or over.
If the applicant is successful, the stay granted will be unlimited if the person applied to join a family member who is British or settled in the United Kingdom. It should be noted that the successful applicant will not need to apply to extend or settle.
Please be aware that if the family member is granted refugee status or humanitarian protection in the United Kingdom, he/she will need to make an application to extend the stay or settle.
Persons, when applying, will need to provide information and documents to accompany the application and those persons must apply as an adult dependent relative online and complete Appendix 1.
I hope this helps.
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 and a member of the Immigration Law Practitioners Association (U.K.). Email: firstname.lastname@example.org.