I am a British citizen wants to apply for my sister and her children

[Muhammadsajeel]

Hi Dear members, its my first post need some information to apply a visa for my sister and her children who lived in here for more then 5 years then went back to Pakistan. Situation is my sister and her son came in to uk as tier4 dependents then her husband try to switch from T4 to T1 entrepreneur which took 3 years to be decided and refused, she got divorced while waiting for the decision and they had one daughter born in here as well before divorce happened. Her husband wants the kids to stay here and that's why he appealed the decision for all of them but appeal was refused and my sister and her children had to go back while her Ex husband stayed. Its been more then a year now they are in Pakistan and suffering because my niece is having medical issues since she went there she was 2 years and half when she gone back and my nephew is really struggling with his schooling in other words they are not adjusting there and i can't see them suffering like this so i decides to apply the visa for them but not be able to get proper info that are they come under direct family members or not 2nd what are the financial requirements how much i have to earn in a year to sponsor 3 of them as a self employed. My wife just got a spouse visa and came here as my dependent so what are the best options for me please any one help me with this !!!

[CR001]

What is your immigration status?

If you hold ILR or Citizenship, you cannot unfortunately sponsor your sister and her children under the UK Immigration rules.

[Muhammadsajeel]

Yes i am holding the citizenship so any other way for them to come back? If we apply for medical grounds for my niece what financial requirements would be as she is having some serious medical problems any other way?

[secret.simon]

Your best bet is to move to another EEA country with your family before Brexit and apply for your sister and children to join you there. There is no guarantee even under EU law that your sister and her children will be able to join you there, but if their application is successful, they (and you ) will likely have to settle there for five years, until they get Permanent residency in that EEA country, so choose well.

It is unlikely that they will be able to return to the UK, even under the Surinder Singh route.

[Muhammadsajeel]

My sister ex husband and the biological father of the kids got the extended family member of an eea visa as an unmarried partner will he be able to apply for his kids? The problem is my Niece is having some swear problem in her blood which can lead to some serious issues n doctor there still not be able to diagnose what are the main causes of the abnormalities in her blood? Can't we apply for her on medical grounds specially when she born here lived here?

[secret.simon]

Can't we apply for her on medical grounds specially when she born here lived here?

To the best of my knowledge, there is no visa for unwell people merely because they were born in the UK, especially as, at the moment, they are abroad anyway.

My sister ex husband and the biological father of the kids got the extended family member of an eea visa as an unmarried partner will he be able to apply for his kids?

As an EEA EFM, he cannot sponsor anybody. His EEA partner could apply for an EFM for his children, but they will need to prove that they were either dependent on the EEA citizen or were members of the EEA citizen's household in another country (i.e. before arriving in the UK). It is therefore a very long shot.

If he were to marry the EEA citizen, the children would have a right to reside in the UK as the children of the spouse of an EEA citizen. Those rights would be automatic and could not be refused except on grounds of public safety, public health or national security.

However, your sister will not able to apply for a visa based on her children's residence in the UK.