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Visa help

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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sbavan4u
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Posts: 3
Joined: Wed Jun 22, 2022 1:38 pm

Visa help

Post by sbavan4u » Thu Jun 23, 2022 10:18 am

Hi
Myself and my sister are UK citizen, living with the family in UK. My sister’s husband is Switzerland Citizen. Our Father is living in Sri Lanka, and we just invited him as a tourist for 6 months (from Feb 2022 to July 2022). My mother is passed away in March 2019. My father does not have any other children back in Sri Lanka.
Currently Sri Lanka is almost bank draft and living expenses are very very high there and medical system are about to collapse.
Consider the above factor and we both are living in UK, we wish to him to with us rest of his life.
We don’t send money regularly from UK to him, but we have made the joined fixed deposit on his name.
My question is that
1) Whether can we apply settlement or any other permanent visa for him by using our sister’s husband Switzerland citizen? If yes, then what form we have to fill
2) Can I apply by using my nationality?
Thank you
Sasi

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Casa
Moderator
Posts: 25684
Joined: Wed Jul 23, 2008 2:32 pm

Re: Visa help

Post by Casa » Thu Jun 23, 2022 11:50 am

Your father would only qualify for an Adult Dependent Visa if he needed daily care for basic tasks, such as bathing, dressing and preparing food. The care must also be unavailable in his home country or more costly than in the UK.

This is the MOST difficult visa to obtain and a very few are successful and these have been generally after a lengthy and costly appeal. If your father applies fora an ADV and is refused, it will close the door for any future visitor visa applications in the future.

The fact that you are a British citizen doesn't change anything.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

AmazonianX
Respected Guru
Posts: 7443
Joined: Tue Jun 11, 2019 1:09 pm

Re: Visa help

Post by AmazonianX » Thu Jun 23, 2022 12:05 pm

sbavan4u wrote:
Thu Jun 23, 2022 10:18 am
Hi
Myself and my sister are UK citizen, living with the family in UK. My sister’s husband is Switzerland Citizen. Our Father is living in Sri Lanka, and we just invited him as a tourist for 6 months (from Feb 2022 to July 2022). My mother is passed away in March 2019. My father does not have any other children back in Sri Lanka.
Currently Sri Lanka is almost bank draft and living expenses are very very high there and medical system are about to collapse.
Consider the above factor and we both are living in UK, we wish to him to with us rest of his life.
We don’t send money regularly from UK to him, but we have made the joined fixed deposit on his name.
My question is that
1) Whether can we apply settlement or any other permanent visa for him by using our sister’s husband Switzerland citizen? If yes, then what form we have to fill
2) Can I apply by using my nationality?
Thank you
Sasi
This is such an unenviable situation.
I do not know of the answer via 1 particularly your Swiss in-law who I presume is living in UK.

2. That will be ADR and as described by casa the possibility and process of that leaves little to be desired.

sbavan4u
Newly Registered
Posts: 3
Joined: Wed Jun 22, 2022 1:38 pm

Re: Visa help

Post by sbavan4u » Fri Jun 24, 2022 9:58 pm

Casa wrote:
Thu Jun 23, 2022 11:50 am
Your father would only qualify for an Adult Dependent Visa if he needed daily care for basic tasks, such as bathing, dressing and preparing food. The care must also be unavailable in his home country or more costly than in the UK.

This is the MOST difficult visa to obtain and a very few are successful and these have been generally after a lengthy and costly appeal. If your father applies fora an ADV and is refused, it will close the door for any future visitor visa applications in the future.

The fact that you are a British citizen doesn't change anything.
Thank you

sbavan4u
Newly Registered
Posts: 3
Joined: Wed Jun 22, 2022 1:38 pm

Re: Visa help

Post by sbavan4u » Fri Jun 24, 2022 10:00 pm

AmazonianX wrote:
Thu Jun 23, 2022 12:05 pm
sbavan4u wrote:
Thu Jun 23, 2022 10:18 am
Hi
Myself and my sister are UK citizen, living with the family in UK. My sister’s husband is Switzerland Citizen. Our Father is living in Sri Lanka, and we just invited him as a tourist for 6 months (from Feb 2022 to July 2022). My mother is passed away in March 2019. My father does not have any other children back in Sri Lanka.
Currently Sri Lanka is almost bank draft and living expenses are very very high there and medical system are about to collapse.
Consider the above factor and we both are living in UK, we wish to him to with us rest of his life.
We don’t send money regularly from UK to him, but we have made the joined fixed deposit on his name.
My question is that
1) Whether can we apply settlement or any other permanent visa for him by using our sister’s husband Switzerland citizen? If yes, then what form we have to fill
2) Can I apply by using my nationality?
Thank you
Sasi
This is such an unenviable situation.
I do not know of the answer via 1 particularly your Swiss in-law who I presume is living in UK.

2. That will be ADR and as described by casa the possibility and process of that leaves little to be desired.
Thank you. Yes in-law is in UK

secret.simon
Moderator
Posts: 11020
Joined: Thu Feb 21, 2013 9:29 pm

Re: Visa help

Post by secret.simon » Sat Jun 25, 2022 6:14 pm

My understanding of this point is not detailed and I will defer to others on this, but I believe that Swiss citizens resident in the UK can sponsor their family members up till the end of 2025.

I am not sure if the sponsorship is limited to spouses only or to their extended family members, such as a dependent father-in-law as well.

To the OP: Can your Swiss brother-in-law demonstrate that your father (his father-in-law) was dependent on them financially?

Be aware that your father can't make the application as the family member of an EEA/Swiss citizen from within the UK, if he is in the UK as a tourist. He'll have to make the application from some other country where he has residency rights (i.e. is not a tourist).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

secret.simon
Moderator
Posts: 11020
Joined: Thu Feb 21, 2013 9:29 pm

Re: Visa help

Post by secret.simon » Sun Jun 26, 2022 2:15 pm

Moved to the EEA Family applications forum for advice on sponsorship via being a father-in-law of a Swiss citizen route.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
Moderator
Posts: 32779
Joined: Tue Sep 25, 2007 7:58 pm

Re: Visa help

Post by vinny » Sun Jun 26, 2022 2:32 pm

secret.simon wrote:
Sat Jun 25, 2022 6:14 pm
Be aware that your father can't make the application as the family member of an EEA/Swiss citizen from within the UK, if he is in the UK as a tourist. He'll have to make the application from some other country where he has residency rights (i.e. is not a tourist).
But they have deleted visitor restrictions from Appendix EU?

Explanatory Memorandum
7.25 The main changes in respect of the EUSS and the EUSS family permit are as follows:
  • to allow a joining family member to apply to the EUSS whilst in the UK as a visitor. From 6 October 2021, the temporary concession to this effect outside Appendix EU where certain joining family members are concerned, as currently set out in the EUSS caseworker guidance, will cease to operate5.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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