Dear Mr Bassie,

I have been living in the UK for a number of years. I am a Jamaican by birth and recently became a British citizen.

I am in a very good job and my home is very comfortable. My grandmother is living in Jamaica and I would like for her to come and live with me. Please let me know whether I would be able to bring her over to live with me.

Thank you for your help.

M.S.

Dear M.S.,

It may be possible for you to make an immigration application for an 'elderly dependent relative'.

This type of immigration application covers parents, grandparents and other dependent relatives who are not spouses, unmarried partners or children.

In order for your grandmother to be eligible to make such an application, she would first need to ensure that she meets certain criteria. For her to enter the UK in this manner, it is necessary for her to hold the correct entry clearance. In addition, she must show that she is joining or travelling with a person, in this case you, who is present and settled in the United Kingdom, or in some cases, with the person who is being admitted for settlement at the same time.

The applicant, your grandmother, must also be able to prove that she is wholly or mainly financially dependent upon you, her relative who is present and settled in the UK. She should also be able to demonstrate that you, the person on whom she intends to be dependent, can and will maintain her.

Validation needed

Furthermore, she should also be able to show that you can adequately accommodate her and that this can all be accomplished without recourse to public funds. Your grandmother will also need to validate that she has no other close relatives in her country of origin, in this case Jamaica, to whom she could possibly turn for financial support.

You did not state whether your grandmother was married or not. This is important as there are various categories, depending on your grandmother's marital status, that she would have to prove that she may fall into. She will also have to show, in one of the following ways, that she is related to you, her sponsor, and that you are present and settled in the United Kingdom. She may have to prove that she is a mother or grandmother who is a widow of 65 years or over; or grandparents travelling together, when at least one is 65 years or over; or a grandparent of 65 years or over who has remarried or engaged in a civil partnership but cannot rely upon the spouse or children of the second marriage or civil partnership for financial support.

Also, it may be a case where the relative settled in the United Kingdom is able and willing to maintain the grandparent and spouse who would be admissible as a dependent. A grandparent under 65 years of age, if living alone outside the United Kingdom and who is mainly dependent financially upon relatives settled in the United Kingdom, is considered in the most exceptional and compassionate of circumstances.

With this type of immigration application, that is 'elderly dependent relative', the home office may consider granting the applicant 'indefinite leave to remain.'

I hope this helps.

John S. Bassie

John S. Bassie is a barrister/ attorney-at-law who practises law in Jamaica. He is a Supreme Court-appointed mediator and a fellow of the Chartered Institute of arbitrators. Email: lawbassie@yahoo.com or editor@gleanerjm.com.