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Mother and Sister

Family member & Ancestry immigration; don't post other immigration categories, please!
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jrharvey_222
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Posts: 3
Joined: Sat Sep 29, 2007 5:46 pm

Mother and Sister

Post by jrharvey_222 » Sat Sep 29, 2007 5:50 pm

Hi all, hope you can help or point me in the right direction as i am new to this.

I am a British Citizen and married a south african woman. She came over on a spouse visa, and recently obtained indefinite leave to remain as it has been over two years.

We are extremely interested in getting her mother and sister to come to live with us as they are not in a good situation back in south africa.

Is this possible? What initial steps do i have to take?

Thanks in advance for all your help

Jonathan

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Sat Sep 29, 2007 6:03 pm

How old are her mother and sister? Do they have other relatives alive in South Africa? how do they live, do they work, etc? DO they have British or other EU ancestry?
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

jrharvey_222
Newly Registered
Posts: 3
Joined: Sat Sep 29, 2007 5:46 pm

Post by jrharvey_222 » Sat Sep 29, 2007 6:06 pm

avjones wrote:How old are her mother and sister? Do they have other relatives alive in South Africa? how do they live, do they work, etc? DO they have British or other EU ancestry?
Mother is 52, sister 18. They do have other relatives in South Africa, including the dad but they are divorced. They live in a small room rented from someone, but they are supported by me and my wife as we send money each month. They cannot get work there.

No british/eu ancestry as far as i know.

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Sat Sep 29, 2007 6:14 pm

I'll reply in more detail later, but the odds aren't at all good, I'm afraid.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

jrharvey_222
Newly Registered
Posts: 3
Joined: Sat Sep 29, 2007 5:46 pm

Post by jrharvey_222 » Sat Sep 29, 2007 6:21 pm

Ok thanks. I appreciate all the help

avjones
Diamond Member
Posts: 1568
Joined: Wed May 16, 2007 6:43 pm
Location: London
United Kingdom

Post by avjones » Sat Sep 29, 2007 7:12 pm

Here are the relevant immigration rules. As you can see, it's a very hard test to meet, that the person must be living in the "most exceptional compassionate circumstances":

Requirements for 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

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:

(a) mother or grandmother who is a widow aged 65 years or over; or

(b) father or grandfather who is a widower aged 65 years or over; or

(c) parents or grandparents travelling together of whom at least one is aged 65 or over; or

(d) a parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but cannot look to the spouse, civil partner or children of that second relationship for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or civil partner or child of the second relationship who would be admissible as a dependant; or

(e) parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; or

(f) the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; and

(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and

(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and

(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and

(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and

(v) has no other close relatives in his own country to whom he could turn for financial support; and

(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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