Hypothetical question elderly foreign nationals overstaying

[Fressia123]

DP and I were talking about my DM and how's she's completely alone and what can be done about it. There used to be a visa that would let her stay here with us until the day she passed but now they've become extremely hard to get (between 100 and 50 get approved each year). So the only options are to either move with her (all as a family) or for her to become an overstayer. He's adamant were likely to get a fine and even go to jail as we're "facilitating" her stay. I know that's the case for employers and landlords but we wouldn't be either of them. (BTW we're likely to move as that's always been the plan but it was interesting to discuss).

Nothing happens to the sponsor of a visitor visa if the visitor overstays.
I would be more concerned about your DMs position tbh. She wouldn't be able to claim state benefits and she might struggle to access medical care.
It could all be academic anyway as visitors need to demonstrate that they plan to return home as part of the process of applying for a visa. The Home Office are especially skeptical of elderly relatives and often assume they plan to stay long term.

You have my sympathy btw OP. I would want to bring my Mum over too, in your position.

If I understand correctly, you could move with her as one family and buyer be doing anything illegal? Just do that and rent/buy a property with an annexe.

Other than that, I’m not a lawyer but you’d clearly be involved in facilitating illegal immigration with full intent if she ‘overstays’ so I’d hope you’d get fined/deported yourselves.

NHS is always accessible if it's an emergency. We'd sell her house so we can then buy a bigger house for all of us. She always shows her return plane ticket, she would do exactly the same.of all the times she's been I think only once they've asked for our contact details I think over all she'd be hard to track.

Yes, we could move with her but it would be easy anyways. We'd have to leave careers, older children and take our son to live with us in non English speaking country. It's something I'd love to do but at the same time it wouldn't be as easy. (Especially for my DP who would be unemployable for the most part).

Can you speak to an Immigration service?

immigrationbarrister.co.uk/a-guide-to-adult-dependant-relative-visas/

If you read they're extremely hard to get.

Other than that, I’m not a lawyer but you’d clearly be involved in facilitating illegal immigration with full intent if she ‘overstays’ so I’d hope you’d get fined/deported yourselves.

Bit harsh ffs

You mean move in with her in the other country. I thought you meant her coming over here with you as one unit. Have you actually applied for that visa for her? If she stays where she is, presumably she will have some friends/family. Could you just arrange carers as/when needed?

I also wouldn’t bank on that emergency help from the NHS. My mum broke her toe when she was over and I took her to A&E. They just administered basic first aid as that’s the ‘emergency’ care. She needed to have the proper treatment as soon as she flew back.

@sonicbook

I don’t know if that’s harsh but I could also bring half my family over to just overburden the NHS in old age and contribute nothing to the system. There need to be some rules.

No she has no friends nor family left there. She actually was quite shocked that she'd had to rely on the maid letting us know if something happened to her. She's (bar the maid) pretty much alone.

so I’d hope you’d get fined/deported yourselves wow.

My neighbour was in a similar position a few years ago. When her elderly mother's visa expired, she went back with her, taking her daughter with her, but leaving her husband behind. He made frequent short visits to his wife and daughter.

A couple of years later, the mother died, so she and her daughter returned.

I wouldn't want our son to live on and off without his dad. (And it would get super expensive after a couple of trips £450-500 is the cheapest you can get if you're lucky).

There is nothing to lose by applying for a visa. Could she afford private healthcare etc?

Yes, she could (I'm assuming so as I've never seen a "private bill" here).

Somebody has told me that apparently a good path to achieve this is to almost claim asylum (using this as a loose term).

Such a difficult situation. Visitor visas are 6 months, aren't they? Would it work if she visited for several months at a time, then home for a few weeks, then another visitors visa?

NHS is always accessible if it's an emergency.

I'd be very wary of assuming tomorrow will always be like today. That's almost invariably the opening line in the tales of woe people face further down the line.

And that's before you consider the appalling treatment the Windrush descendants faced. Don't be taken in by the platitudes since. There's still a massive push in the Home Office to look tough with a regular splash of announcements about people being kicked out.

The OP could face problems even if they have done everything by the book. Personally I'd say the stakes are too high for anything other than professional - and very specific advice.

If you need to visit the UK regularly over a longer period, you can apply for a long-term Standard Visitor visa that lasts 2, 5 or 10 years. You can stay for a maximum of 6 months on each visit.

From www.gov.uk/standard-visitor-visa

Those "long term visas" are the same than a regular visa. 6 months for every 12.

The reality is many people do live in the UK by slipping under the radar, but if you get found out then you may end up with your DM deported and never allowed back. Plus of course the ethics of the situation.

Agree with ProfessorSlocombe , get proper legal advice...

In your position I would consult an immigration solicitor instead of dismissing the legal visa route because of what you have read online. That is a far better option than moving to DMs country or her deliberately immigrating illegally as an overstayer.

A few years ago I consulted one and she said it was pretty much impossible. I told her my case and she said there was no way we'd win it. I've asked a charity and see what they say.

@JoJoSM2

You mean move in with her in the other country. I thought you meant her coming over here with you as one unit. Have you actually applied for that visa for her? If she stays where she is, presumably she will have some friends/family. Could you just arrange carers as/when needed?

I also wouldn’t bank on that emergency help from the NHS. My mum broke her toe when she was over and I took her to A&E. They just administered basic first aid as that’s the ‘emergency’ care. She needed to have the proper treatment as soon as she flew back.

There is no emergency treatment for a broken toe... nothing emergency about it! 😂

My DM has been to A&E anyways and they always see her and she just pays for her prescription.