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Can the widowed elderly step-father of a UK citizen be qualified as a “parent”/”father” under section 317 (i) (b) of the Immigration Rules?
vito made this Freedom of Information request to UK Border Agency
The request was partially successful.
From: vito
22 April 2011
Dear UK Border Agency,
I have a request under Freedom of Information (FOI) law to UK
Border Agency regarding: if widowed elderly step-father of a UK
citizen (present and settled in the UK) can be qualified as an
elderly parent in order to settle in the UK under paragraph 317 of
the Immigration Rules.
Immigration law > Immigration Rules > Part 8 - Family members >
Parents, grandparents and other dependent relatives
(http://www.ukba.homeoffice.gov.uk/policy...)
says:
"317. The requirements to be met by a person seeking indefinite
leave to enter or remain in the United Kingdom as the parent,
grandparent or other dependent relative of a person present and
settled in the United Kingdom are that the person:
(i) is related to a person present and settled in the United
Kingdom in one of the following ways:
...(b) father or grandfather who is a widower aged 65 years or
over;”
However, UKBA web site does not provide explicit information
regarding if step-parents can be considered as parents under
paragraph 317.
According to the Introduction to the Immigration Rules
(http://www.ukba.homeoffice.gov.uk/policy...)
the following interpretations apply:
“ ‘a parent’ includes:
(a) the stepfather of a child whose father is dead and the
reference to stepfather includes a relationship arising through
civil partnership”
Can you please confirm: can the widowed elderly step-father of a UK
citizen be qualified as a “parent”/”father” under section 317 (i)
(b) of the Immigration Rules?
(if he is a widower aged over 65 years, and meets each of the
requirements of paragraph 317 (i)-(v): he is joining his adult
step-child who is a UK citizen present and settled in the UK; and
can, and will, be maintained and accommodated adequately without
recourse to public funds; and is financially mainly dependent on
his step-child; and has no other close relatives in his own country
to whom he could turn for financial support)
Yours faithfully,
Vitaliy
From: Freedom Of Information Team ( IND )
UK Border Agency
26 April 2011
Dear Vitaliy,
Thank you for your request which has been registered under FOI 18486. We
will reply as quickly as we can.
Kind regards
FOI Team
UK Border Agency
show quoted sections
From: vito
26 May 2011
Dear Freedom Of Information Team ( IND ),
The response to my request has been delayed.
By law, the authority should normally have responded promptly and
by 25 May 2011.
Yours sincerely,
Vitaliy
From: Settlement Ops Policy Mailbox
UK Border Agency
3 June 2011
Dear Vitaliy,
Thank you for your email dated 26 May 2011. Please find attached the UK
Border Agency's response to your query.
Kind Regards,
Operational Policy Team.
Operational Policy Team | Permanent Migration | North West Region | UK
Border Agency |
2nd Floor India Buildings, Water Street, Liverpool L2 0QN
show quoted sections
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Robert Simpson left an annotation (19 May 2011)
If they refuse, try asking them for "documents or written guidance or sections of procedures manuals that address the issue of whether a widowed elderly step father"....
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