will my adult autistic child above 18 years get visa

[famous]

hi,
i want to know if a father who has recently got a tier 1 visa can sponsor his autistic dependent child above 18 yrs who cant be left behind on his/her own. other children of the father and his wife all are in uk. the child is financially, physicallya nd emotionally dependent on the parents. one of teh children of the father is a uk citizen.

what is the best way of approaching this case? what grounds do we have?

[Lucapooka]

You would have to wait until you settle in the UK and even then, the circumstances would need to be very exact. Where is the mother and what is the relationship she has with this person?

[famous]

thank you for your reply. mother of the autistic child is the wife and child's father. father applied for tier1 and got the visa and sponsored his wife as dependent. so technically mother of the autistic child can live in uk. but the problem is that if both parents leave for uk, who will take care of the autistic adult child?

there is no one back home to take care of teh child as siblings are also in the uk.

so ur saying father cannot apply for the child till he gets settlement or ILR visa. so can brother of teh autistic child sponsor under adult dependent category as he is a uk citizen?

or can teh child stay on visit visa and come and go? does ukba give family visit visas to autistic adult dependents?

[Lucapooka]

Even with ilr it may (will) not be possible; the brother certainly has zero chance to act as sponsor in this matter. The uk has no scope for his residence in the uk. You are a migrant worker with a temporary residence so your relocation is entirely feasble. Why did you leave this person alone in the first place? Did you not consider his welfare before your decision to migrate to the UK? I would suggest that you consider returning to his location if his welfare is your main concern.

[anniecc]

There is provision in the rules for adult dependents over 18 years, in the case of serious illness or disability. You will need to provide medical evidence that the child has a disability that makes him dependent on the parents for the forseeable future. If the parents have already relocated to the UK without the child that rather weakens the case.

[anniecc]

To clarify, I have checked the details of a case I recalled that was similar to this one. It appears it was a decision made outside the Immigration Rules. Advice from UKBA was that there was no provision within the rules for child dependents over 18, but they could grant leave to over age children outside of the Rules "on an exceptional basis, looking at the circumstances of particular cases". This case was in 2011, and the child (aged 19) had a medical condition with moderate physical and intellectual impairment. The application for entry clearance (as a Tier 2 dependent) was successful.

Rules on adult dependents have tightened since 2011, but I would be surprised if this discretion no longer exists. I recommend seeking legal advice.

[famous]

Thank you anneic for your input. really made me see a ray of hope. is it possible that you could share the case reference details or guide me how to do research of uk based such cases for immigration to build my case? is there some repository or database of cases that i look through? thanks

[anniecc]

Unfortunately there's no way to look up details of successful applications, since such applications do not come before the courts. That's why forums like this exist. I know about the case I mentioned because I dealt with it in a professional capacity.

As a minimum, I think you will need to provide:
1) A cover letter explaining the circumstances and that you wish to seek entry clearance for your son as a child dependent over 18, outside the immigration rules, on compassionate grounds.
2) A letter from a medical professional who has looked after your son. This would need to provide details of his condition and state that in their professional opinion your son is not capable of living as an independent adult, and that his health and wellbeing is dependent on him continuing to live as part of a stable family unit (rather than being cared for by another family member or an unrelated person in the home country).
3) Evidence that your son currently lives at home, with his mother.
4) If he is or has been in special education, a letter from the educational provider may also help.

This is a personal opinion only. As I said in the previous post, I strongly recommend you seek advice from a qualified immigration solicitor before proceeding.