Can I be sponsored as a family member to the UK?

[spatel07]

Hi

I am helping out a friend who wants some advise and would welcome any feedback on the following:

My friend who is over 18 is resident overseas and has been living with his uncle (British citizen) for almost 7 years now since he has broken all ties with his parents due to personal reasons.

His uncle has been fully supporting and maintaining him financially over the years. Now, the problem has arisen that his uncle is moving to the UK permanently. Can my friend apply for settlement to go to the UK with his uncle since he will not have anywhere to stay and no other relatives in his country bearing in mind, he has no reationship with his parents no more.

Can he apply for settlement from the UK while he is there on a tourist visa? If yes, what is the procedure?
or
Does he need to apply from his country of residence?

Any help as soon as possible would be appreciated.

Thank you.

[RobinLondon]

Unless your friend is an invalid, incapacitated or indigent for truly exceptional reasons, there's very little chance of such an application succeeding.

Do you have any additional information about why your friend can't provide for himself (i.e., get a job and make his own way) in his own country? Settlement visas for dependents of this sort are intended as a humanitarian gesture for those in dire straits. I'm guessing that your friend will have to make an exceedingly good case and do so before he arrives in the UK.

[spatel07]

Hi Robin

Thank you for your reply.

Basically, my friend can't stay in his country as he has been fully dependant on his uncle. His uncle sold his business in which my friend used to work in.

Also, as I mentioned, he has been staying with his uncle for 7 years now. He has NO CONTACT with his real family as they have dis-owned him completely and this has had a considerable effect on him mentally and emotionally. The problem is that he will have no other relatives remaining in his country as all are settled in the UK and most of all, where will he stay? His uncle wants to sell his house but cannot because he is concerned about my friend who is his nephew.

Additionally, there is a lot of crime and in-security in his country where alot of asians in particular have been attacked and even killed in some circumstances.

I was looking on the Home Office website and I came accross in the forms section - form SET(F). This form is for application for indefinite leave to remain in the UK as a family member other than the spouse,
civil partner, unmarried or same-sex partner of a person present and
settled in the UK. The 3 sub-categories that you can apply under are:

(1) Child under the age of 18 of a parent, parents or a relative present and settled in the UK

(2) Adopted child under the age of 18 of a parent or parents present and settled in the UK

(3) Parent, grandparent or other dependent relative over the age of 18 of persons present and settled in the UK[/b]

I don't know if I am correct, but can my friend be eligible to apply under category 3 above? Also, as he is coming to the UK on a tourist/visit visa can he apply while he is in the UK while holding a tourist/visit visa?

On the guideline notes on page 5 of the form section 4 'When to apply' it states that 'You must apply before the end of your authorised stay in the
United Kingdom.' Will this mean he will be able to apply while on his tourist visa? This is what I need to find out so that if that is the case, his uncle can appoint an immigration solicitor in the UK to take on the application case while they are both in the UK.

Thank you and I hope you or anyone else can bring me some positive answers to the questions above.