Parents, grandparents and other dependants: SET08
Published 6 July 2012
© Crown copyright 2012
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This publication is available at https://www.gov.uk/government/publications/parents-grandparents-and-other-dependants-set08/parents-grandparents-and-other-dependants-set08
For guidance on applications made on or after 9 July 2012 please refer to Appendix FM which can be found at page 19 of the Statement of Changes in Immigration Rules.
All applications submitted before 9 July 2012 should be considered under the old Rules.
1. SET8.1 What are the categories of dependent relatives?
Parents, grandparents and other dependent relatives
2. SET8.2 How do dependent relatives qualify?
If the applicant is from one of the categories of dependant relative (see SET8.1 above), they must meet the requirements of paragraphs 317ii - vi:
Parents, grandparents and other dependant relatives
3. SET8.3 Are they mainly or wholly financially dependent?
The ECO will need to be satisfied that the dependence is one of necessity and not one of choice.
The ECO should also remember 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. An ECO may consider refusal if it is clear that there is a greater dependency on relatives elsewhere.
4. SET8.4 Do they have 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 is able and willing to support the applicant, even though the sponsor in the UK may be financially in a better position to do so.
Where it has been established that there is support from a relative / relatives in the applicant’s own country and that it would not be unreasonable to expect them to turn to that relative for support, then the ECO will need to be satisfied that the support 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.
The ECO will also need to take account of the distance between the applicant and the relative/s, particularly in those countries where travelling even short journeys can be arduous. Consideration should also be given to the age and health of the applicant and to whether the relative/s has / have other commitments which may affect their ability to pay regular visits.
5. SET8.5 Defining close relatives
Close relatives may be sons, daughters, brothers, sisters, grandchildren, uncles, aunts and possibly nephews, nieces or in-laws. However, it should be noted that this will vary with the local culture. For example, in the Indian sub-continent married women may be unable to provide support.
6. SET8.6 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 / 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.
Further it should be noted that applications from married couples should not be refused solely on the basis that they have each other to turn to. Account should be taken of the age and health of the applicants as well as the ability of other relatives to visit them regularly.
7. SET8.7 What if they are living alone outside the UK in the most exceptional compassionate circumstances?
The ECO must decide this by assessing the facts of an individual case.
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 / 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.
8. SET8.8 What are the Maintenance and accommodation requirements?
Please visit Maintenance and Accommodation (MAA) guidance.
Sponsors of parents, grandparents and other dependent relatives need to provide a sponsorship undertaking form (see ECB12.4 The sponsor’s maintenance and accommodation undertaking) for maintenance and accommodation. ECOs should follow the guidance in Entry Clearance Basics on undertakings for maintenance and accommodation. (ECB12 Undertakings).
In the case of parents or grandparents who have remarried or who have entered into a civil partnership, 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.
9. SET8.9 What is the Entry clearance endorsement?
See ECB13 Visa endorsements and conditions.
10. SET8.10 Do parents, grandparents and other dependent relatives have a right of appeal?
Yes, they have a full right of appeal.