Immigration and border officials may come into contact with a carer if someone is applying to enter the UK or remain in the UK to look after a sick or disabled relative or friend. This may be possible on a short-term basis under a general visitor’s visa, but there is no general provision to enter or stay in the UK as a long-term carer.
The UK Border Agency has detailed guidelines for caseworkers of carers who come to care. They outline when someone can be granted a visa and also what to include in a covering letter if someone is refused entry to the UK.
Caseworkers must follow the guidelines while also treating every case on its own merit and gathering as much background information as possible. This could include:
- a letter from an NHS consultant about the individual’s condition
- a letter from social services, if they are involved
If an individual is granted entry to the UK or leave to remain in the UK, this will normally be for a set period, usually up to three months, during which time they must attempt to make alternative long-term care arrangements for the person involved.
If at the end of this period they want to extend their leave to stay in the UK, they will need to provide more detailed evidence of the individual’s condition, what has been done to find alternative care and why there is nothing suitable. This must be backed up by supporting evidence from social services, voluntary organisations and an NHS consultant.
Exceptional circumstances
If there are exceptional compassionate circumstances, a caseworker can exercise discretion and grant leave to remain for up to 12 months, but it must be made clear in the covering letter that these are exceptional circumstances.
If a case is to be refused then the Secretary of State for the Home Department must be satisfied that alternative suitable care arrangements are available for the individual involved. This could be social services or other family members. A detailed written explanation must be given to the individual involved if their case is refused.
In some situations, caseworkers may also grant discretionary leave to remain, for example, if a child is receiving treatment in the UK and the parents wish to stay and care for them.
Permission to settle permanently in UK for dependent relatives
Immigration and border officials may also receive visa applications from elderly dependent relatives of someone who is permanently settled here. This includes:
- widowed parents over 65
- both parents, if one of them is over 65
- grandparents, if one of them is over 65
They may be able to permanently settle in the country if they meet the eligibility criteria outlined by the UK Border Agency. Although they wouldn’t be eligible for public funds themselves, their relative who will house them and provide for them financially may need to be made aware of the support available for carers.
Refugees and asylum seekers
It is common for carers within refugee and asylum seeker families to care for a relative without any support from outside agencies. It is often women or children who take on these roles, which can be difficult and isolating. It is vital that professionals who may come into contact with these families are aware of the resources available to carers. The Children’s Society has developed a good practice guide for professionals dealing with young carers from refugee families.
