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Visas for partners/family members with a view to settlement

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themightywhites
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Visas for partners/family members with a view to settlement

Post by themightywhites » Mon May 07, 2012 10:07 am

Hi, would be very grateful for your help. I am a British citizen, my wife is Indian and has ILR in the UK. Her brother (adult; I will call him Sanjeev) in India has been struggling for sometime; his wife left him, he has a drug addiction, has been treated for depression and he does not work. He is dependent on his mother, who is elderly and in increasingly poor health, in part because of the strain in looking after Sanjeev. He has another sister in India who lives in another city, so support from her is limited.

We have started to look at trying to get Sanjeev to the UK so he can live with us and we can support him (Sanjeev has a son who would be staying in India with his grandmother) Has anyone had any experience of the VAF4A application form process and using this route (http://www.ukba.homeoffice.gov.uk/visas ... s-settled/)

Your help would be greatly appreciated, thank-you.

Lucapooka
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Post by Lucapooka » Mon May 07, 2012 10:51 am

You need to do more research or take professional advice. Absolutely nothing in the very little information you have given indicates that this individual would qualify for settlement in the UK.

themightywhites
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Post by themightywhites » Mon May 07, 2012 11:03 am

Lucapooka wrote:You need to do more research or take professional advice. Absolutely nothing in the very little information you have given indicates that this individual would qualify for settlement in the UK.
Thank-you; I will do more research. As you said that there are 'absolutely' no grounds, do you know what circumstances would 'qualify' for the Border Agencys' 'exceptional compassionate circumstances' (where relatives who meet requirements may be allowed to join as a settled person here).

Greenie
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Post by Greenie » Mon May 07, 2012 11:04 am

See dependent relatives

Given that your brother in law is not dependent on you, is not living alone in the most exceptional compassionate circumstances according to the information you have given, he is most unlikely to qualify.[/url]

themightywhites
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Post by themightywhites » Mon May 07, 2012 11:08 am

Greenie wrote:See dependent relatives

Given that your brother in law is not dependent on you, is not living alone in the most exceptional compassionate circumstances according to the information you have given, he is most unlikely to qualify.[/url]
Thank-you very much Greenie, forgive me but does this mean then that to meet the 'exceptional compassionate circumstances' he would need to be living alone in India? Thanks again for your help and the links.

themightywhites
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Post by themightywhites » Mon May 07, 2012 11:11 am

Thanks, have just found this which answers my last question '(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..'

Think I will have to re-consider the whole thing.

avjones
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Post by avjones » Wed May 09, 2012 3:42 pm

He doesn't meet the test in a number of ways - not living alone, not financially dependent on you, has other relatives to whom he can turn, before you even get to the most exceptional compassionate circumstances problem.

Amanda
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.

themightywhites
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Post by themightywhites » Wed May 09, 2012 8:11 pm

Thanks very much Amanda for the very clear advice.

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