[Urgent] Dependent visa for youger brother

[shani_haider]

Hi All,

I need urgent help in this matter. My current status:

My wife and I recently (7 November) got ILR card. We have already applied for Naturalization for our son who was born here. Once we get certificate we will apply for his British Passport.

I want to sponsor my younger brother as dependent who lives in Pakistan and his age is 16 Years 6 months. He is doing O levels from Beacon House School. I am bearing all his expenses from here. He is living with my parents and I am sponsoring them from last 5 years by sending money every month (We do have record as money goes in his bank account directly).

My father’s age is 57 and Mother’s age is 50. My father is not fit as he got following diseases:

1.Hear patient from last 7 years (got couple of angio plasty and 2 years back he got bypass operation)
2.Blood Pressure and Sugar patient
3.Got Kidneys problem
4.Few years back he was caught by Hepatitis C which was treated

My younger brother is been neglected very much as all his brother and sisters are abroad. My Elder sister is settled in Dublin and younger sister is married and living with her in-laws. I am settled in UK. Recently (today) my brother got high sugar (500+) (which was from few days) which is very dangerous (which is known by ADD here in UK) Attention Deficient Order which makes you sick and you catch diseases like sugar. My parents are not strong enough to do his care and pay attention to him and his studies so I want him to sponsor him as my dependent so that he can stay here with me.

Can someone please assist me what is the best way to do that or what are available possibilities?

[Lucapooka]

The child's parents can't gift him to you for adoption and nothing in what you have stated indicates his circumstances are serious and compelling or would otherwise qualify for settlement in the UK. That covers the scope of the requirements.

Even so, this is a question beyond the scope of this forum as it requires very detailed study of his situation. If you are serious about seeking the correct advice you should consult an immigration professional.

[shani_haider]

The child's parents can't gift him to you for adoption and nothing in what you have stated indicates his circumstances are serious and compelling or would otherwise qualify for settlement in the UK. That covers the scope of the requirements.

Even so, this is a question beyond the scope of this forum as it requires very detailed study of his situation. If you are serious about seeking the correct advice you should consult an immigration professional.

Hi Lucapooka thanks for your response. I can see on their site that you can sponsor your brothers/sisters over 18 so you think we need to wait until he turns 18.

According to myself i think it is possibel so need more suggestions

[Lucapooka]

No. That would, in fact, be even more onerous that trying to do this while he is a minor.

[shani_haider]

Hi All

Can any one please help me on this as now I am planning to sponsor my parents and younger brother to join me here as my dependant.

Both my parents are under 65 and brother is under 18.

Thanks

[Lucapooka]

It's not possible. The UK does not allow chain migration unless in exceptional and very specific circumstances. You might have considered their future situation before you decided to leave them (your choice entirely) and settle in the UK. The good news is that if you have a good income you can continue to remit money to them in their homeland.

[shani_haider]

Thanks Lucapooka for replying back.

We can only sponsor our parents if we have ILR or if we hold British nationality so by default we need to wait until we fulfill this criteria to sponsor them so it will be always chain migration.

According to me my case is exceptional and fulfill criteria according to me (I might be wrong due to which I have posted on this Forum).

As stated above my father is not fit and got several diseases at same time (with complete evidence as documentation) due to which they are fully replying on me. I do also have record for sending them money from last 5 years (to pay for all necessities). There is no one else to take care of them as my younger brother is under 18.

I am looking for some advise/option on this forum and not for a simple refusal. If they have these requirements as stated on link below so there is a way so I need to understand what that way is

http://www.ukba.homeoffice.gov.uk/polic ... sandother/


Thanks in advance.

[Lucapooka]

http://www.ukba.homeoffice.gov.uk/polic ... relatives/


The rules you have cited no longer exist. They were replaced by these rules which are based on entirely different criteira. It seems that care is available and affordabl (you can pay it) in their location.

[shani_haider]

Thanks again for replying back. I have gone through link provided and it almost states everything same as link provided by myself.

I think you are referring to following paragraph

E-ECDR.2.5. The applicant or, if the applicant and their partner are the sponsor's parents or grandparents, the applicant's partner, must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living, because-

(a) it is not available and there is no person in that country who can reasonably provide it; or
(b) it is not affordable.


My father is not able to do any work due to his physical condition so things are getting more difficult to manage as I cannot send whole money I earn here to them moreover there is no one else to support them there. Day by day expenses are increasing which is not becoming un-affordable.[/quote]

[anniecc]

According to me my case is exceptional and fulfill criteria according to me (I might be wrong due to which I have posted on this Forum).

I'm afraid you are indeed wrong. Under the current rules it is virtually impossible to sponsor dependents unless they are your spouse or child. This applies even if you have ILR or British nationality. Your father's medical conditions won't be a sufficient reason unless you can prove that he needs help with everyday tasks like feeding or washing himself and the care he needs is not available in Pakistan. Even less chance for your brother as the UK does not recognise siblings as dependents.

[shani_haider]

According to me my case is exceptional and fulfill criteria according to me (I might be wrong due to which I have posted on this Forum).

I'm afraid you are indeed wrong. Under the current rules it is virtually impossible to sponsor dependents unless they are your spouse or child. This applies even if you have ILR or British nationality. Your father's medical conditions won't be a sufficient reason unless you can prove that he needs help with everyday tasks like feeding or washing himself and the care he needs is not available in Pakistan. Even less chance for your brother as the UK does not recognise siblings as dependents.

Well I don't know why every one on this forum is providing different information than home office website. If they don't consider siblings as dependent then why they have written this on their site

Section E-ECDR: Eligibility for entry clearance as an adult dependent relative
E-ECDR.1.1. To meet the eligibility requirements for entry clearance as an adult dependent relative all of the requirements in paragraphs E-ECDR.2.1. to 3.2. must be met.

Relationship requirements
E-ECDR.2.1. The applicant must be the-

(a) parent aged 18 years or over;
(b) grandparent;
(c) brother or sister aged 18 years or over; or
(d) son or daughter aged 18 years or over

of a person ("the sponsor") who is in the UK.

[Lucapooka]

None of your relatives appear to qualify for settlement. The parents don't qualify because they seem able to cook and bathe for themselves, and any medical care they need seems readily available (medication for hypertension is, in fact, much cheaper there than in the UK). You seem able to afford to pay for that in the event that they can't. They seem to have quite straightforward conditions and apparently are not danger due to a certain type of care being non-existent in their location. Any medical claims in support of an application would require certification by a medical professional and be subject to independent review by the UKBA.

The brother does not qualify because, as a minor, he is under the care of the parents. His settlement would be linked to his parents and we have already seen how his parents will not be permitted to settle.

Please take legal advice as comments on this forum should never be a substitute for that.

[vinny]

See also Older dependent relatives.

[Amber]

What about if the OPs Sister (assuming she's Irish) starts to support the Brother, moves to the UK, exercises treaty rights and then brings the Brother as a dep family member under EEA rules?

[krssubbu]

Sorry might be a silly question but i was under the impression that you can only sponsor parents if there is no one to look after and not siblings ? is this true ?

i have a brother who is over 18 and would like to sponsor as dependant along with my mother (father died when i was young ), is this possible ?

[Lucapooka]

It's possible under the rules. Look at the rules and see if he qualifies. Is he unable to cook and bathe for himself or does he have an illness that is not possible to treat in his location, and is the cost of a home-help or nurse unaffordable to you? The same conditions would apply to the mother.