Can My Non-British Parents Live In The UK?

Two different rules for British and EU Citizens

“Is it possible to bring my non-British parents from abroad to live in the UK?”. This is a common question. 

The answer depends on who is asking the question for example, if the person is an EU citizen, the answer is ‘perhaps’. If the person is British, or settled here but not an EU citizen,  the answer is ‘almost certainly not’.

EU Citizens

Since Brexit,  EU citizens can still bring their non-British parents to the UK, but only if they can show that their parents are dependent on them or their partner.    

‘Dependent’ means that the parent cannot meet their essential living needs without the financial or practical support of their EEA citizen child or their partner. They will have to show that they have actually been getting that support.

First of all, the EU citizen must have pre-settled or settled status under the EU Settlement Scheme. Secondly, the parents must prove they are related to the EU citizen living in the UK. This will mean birth certificates and perhaps marriage certificates if relevant.

The last vital set of evidence is proof that the parents receive money from the EU citizen and need that money to meet their essential living costs. The parents must rely on the money to pay for some, if not all, of their rent, food and other essential bills. The EU citizen must prove that they have been regularly sending money to the parents for some time. So, they will have to provide bank statements and proof of bank or other money transfers.

The parents will have to show that their income is not enough to meet their essential living needs, again with bank statements, rental agreements and bills. So, they must show that they cannot live without the money provided by their children or children’s partner in the UK.

In reality, it is possible for EU citizens to bring parents to the UK to live if they are genuinely dependent on their children for essential living needs. It’s worth noting also that the parents do not have to explain why they are dependent. Once in the UK on a Family Permit, they can apply for pre-settled status. As with all applications to the UK Home Office, the evidence must be clear and comprehensive.

British Citizens

The story is very different for British Citizens and their non-British parents. This also applies to those with Indefinite Leave to Remain but who are not EU citizens. Sometimes a parent dies and the other parent is left alone in their home country with no family around them as perhaps the children have left to live in the UK. In this case, there is virtually no chance of the family in the UK bringing the parent to live here. 

A parent is classed as an ‘Adult Dependent Relative’. The parent and the child here would have to demonstrate, with good evidence, that:

• The parent needs long term personal care as a result of age, illness or disability. They must need help performing everyday tasks, for example washing, dressing and cooking.
• The parent must be unable to obtain the level of care they need in the country where they are living, even with the financial help of their children. This must be because it is not available, or there is no one who can provide it in that country, or because it is not affordable.
• The person in the UK must show that they can adequately maintain and accommodate their parent welfare benefits. In most cases, it is impossible to prove that there is no care available in the parent’s country. Most countries have some form of affordable care available for those who need it. In addition, the parent must need a very high level of care and they must provide good evidence of this.

Government Policy

The government is quite clear about why this policy exists. It says:

“The policy intention behind the Adult Dependent Relative (ADR) Rules is, firstly, to reduce the burden on the taxpayer for the provision of NHS and local authority social care services to ADRs whose needs can reasonably and adequately be met in their home country.”

So, it is a little known fact that, in relation to bringing non-British parents to the UK, British citizens are at a disadvantage compared to EU citizens living in the UK today.    

Please contact a member of our team if you are concerned about your settlement options.