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Settlement visas for dependent relatives Print E-mail

How to join the settled relative you are financially dependent on in the UK



multiethnic-family.png02 April 2010. It is not a new visa category, as other international media have said, but it nonetheless might come to you as a surprise: the British government will allow you to enter the UK and even settle there if you prove you are financially dependent on the income of your relative settled there. Even the more so if they have become British citizens in the meantime.

Let’s run through the UKBA rules.

You can apply for a settlement visa as a dependent relative if you are related to a person present and settled in the United Kingdom in one of the following ways:

mother or grandmother who is a widow aged 65 years or over; or
father or grandfather who is a widower aged 65 years or over; or
parents or grandparents travelling together of whom at least one is aged 65 or over; or
parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but cannot look to the spouse, civil partner or children of that second relationship for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or civil partner or child of the second relationship who would be admissible as a dependant; or
parent or grandparent under the age of 65 if living alone outside the UK in the most exceptional compassionate circumstances and mainly dependent financially on relatives settled in the United Kingdom; or
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 mainly dependent financially on relatives settled in the United Kingdom; and
You will need to prove that:

• you are joining or accompanying a relative who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and
• you are financially wholly or mainly dependent on that relative
• you can, and will be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and
• you can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and
• you have no other close relatives in your own country to whom he could turn for financial support.

If you are a child, under age 18:

If both your parents are living and settled in the UK or are applying for settlement, you can join them if:
• your parents live in the UK legally, with no time limit on their stay, or they are applying at the same time as you
• you cannot support yourself financially, are not married or in a civil partnership and are not living independently away from your parents.
• your parents can support you without help from public funds
• your parents have enough accommodation, which they own or live in, where you can live without help from public funds
If only one of you parents is living and settled in the UK or is applying for settlement, you can apply only if:
• that parent has the sole responsibility for looking after you
• or there are special reasons why you should be allowed to join your parent in the UK.

For all of the above, ‘parent’ includes a step-parent where the father or mother is dead, either the father or mother of an illegitimate child and, in certain circumstances, an adoptive parent.

How to apply

To apply, you will need to make your application online on the UKBA Visa Services website or fill in the UKBA settlement visa application form and send it to the visa application centre in your country.

You will need to provide the following, along with the completed form:
• Your passport or travel document.
• A recent passport-sized (45mm x 35mm) colour photograph of yourself.
• The GBP 1680 visa fee. This cannot be refunded, and you must normally pay it in the local currency of the country where you are applying.
• Supporting documents relevant to your application.

For any questions regarding the subject covered in this guide, please register in our forum and post your question under the appropriate category.  
by Federica Gaida - 02 April 2010

Disclaimer: No information on www.foreignersinuk.co.uk shall be construed as legal advice and information is offered for general information purposes only, based on the current law when the information was first displayed on this website.
You should always seek advice from an appropriately qualified solicitor on any specific legal enquiry.

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rocky   |78.146.232.xxx |2010-09-02 12:01:15
I am son of a British citizen on student visa in UK. I want to apply on elderly
dependant relative as I am 21 years old. I entered united kingdom a year ago.


I can prove that I have been financially dependant on my father so far and
have no close relative in my home country! but the main requirement is to
explain exceptional compassionate circumstances. I am not sick or dissabled
therefore the only reason i give is that i dont have a close relative in my
home country and only person i can rely and depend on is my father...and if he's
here...where will i go?!

Can you please advice on how strong my case
looks...and can i use any other reasons ?
rowan addo  - Mr   |109.152.202.xxx |2010-07-08 19:20:13
Is a mother in law a dependant relative for the purposes of the immigration
rules.
rowan addo  - Mr   |109.152.202.xxx |2010-07-08 19:17:28
who is a dependant relative for the purposes of the immigration rules. Is a
mother in law a dependent relative.
Greenfields Solicitors   |Registered |2010-08-20 13:01:50
Dear Mr Addo

For the purposes of the immigration rules dependant relatives
are defined as follows:

1. A person who is related to a person who is present
and settled in the UK
2. A mother of grandmother over the age of 65 years
3. A
father of grandfather over the age of 65 years
4. The son, daughter, sister,
brother, uncle or aunt 18 and living in the months the most compelling and
compassionate circumstances.

For further legal advice regarding dependant
visas you are advised to seek professional legal advice from an accredited firm
of immigration solicitors, alternatively to find out more information on this
topic you may wish to join the forum provided by this website.

Regards


Greenfields Solicitors
www.greenfieldssolicitors.com
Abdul Hakim Hamdard  - fedex fee   |116.71.208.xxx |2010-07-01 04:57:29
Hello how are you this is me Abdul Hakim Hamdard i want to ask you about the
fedex fee.
can you tell me pls what how much is the fedex fee for the
settelment in uk.... pls answer me now i am wiatting thanks........
Maria  - mrs   |78.105.142.xxx |2010-06-26 11:21:07
I married a British citizen and I am a British citizen now snd hsve settled in
the UK for 11 years. my family are all back home my mother, sisters and
brothers, I am looking for a sponsor to help my 4 nephews come and settle in the
UK to better their future. can I get some advice or some help from someone I
hear a lot of news about some boys coming and working in the UK someone helps
and sponsors them but I fail to find or get help that way.

any help or advice
is appreciated.
Greenfields Solicitors   |Registered |2010-06-30 10:35:46
Dear Maria

In order for someone to sponsor a foreign national to come to the
UK they either must be related to your nephews or they are in a position to
offer them sponsorship via work or studies.

However, in order for your
nephews to come to study or work in the UK they must satisfy the legal criteria
under the category which they wish to apply under. These categories are decided
under the new points based system and therefore certain factors must be u=in
place before they will be granted entry clearance.

Otherwise you as British
citizen may wish to sponsor you nephews if they are currently dependent on you,
are under the age of 18 and currently living in the most compelling and
compassionate circumstances.

In order to ascertain what options may be
available to your nephews it may be worthwhile having a consultation with an
immigration solicitor who can advise you further. Alternatively why not join the
forum provided by this website for further information.

Regards

Greenfields
Solicitors
www.greenfieldsolicitors.com
Aimei song  - Mrs   |212.183.140.xxx |2010-06-19 20:34:17
Dear Sir/Madam,
I am planing to get a Tier 2 work permit as my employer is
willing to sponsor me as I have been working as a dental nurse for almost 2
years.

I have a 21 years old daughter who is studying first degree in China
will graduate in July next year and is expecting to come to UK for a Master
degree cousre in Next September and will live with me for family renuion with my
husband who is a dentist. Are they will be qualified for a dependent visas under
my work permit application at same time? Especially for my daughter,which
categrey visa would be best for her and for me to sorppot her finacially easy
on tuation fee for the coures?


I AM LOOKING FOR WARD TO HEARING
YOU?

MANY THANKS
Greenfields Solicitors     |86.143.86.xxx |2010-07-20 13:12:45
Dear Aimei

Most certainly you husband may apply to enter the UK as your
dependant as he is your spouse. However, as your daughter is 21, under UK law
your daughter is seen as an adult and the inference is that she is therefore
dependant and would therefore live a life independent from you.

It is more
than likely that the most appropriate visa for your daughter would be a student
visa as she wishes to study in the UK. Under this visa you can still support her
financially although you may have to transfers monies for your daughters fees
and living costs into her account before whilst she is applying for a student
visa.

Greenfields Solicitors
www.greenfieldssolicitors.com
jessica  - can i live in the uk legally   |81.102.233.xxx |2010-06-12 19:44:55
Dear sir/ madam
can i live in the uk legally if my aunt has cared for me sine
i was 3 months old until this current day am now 17 years old i visited the uk
in 2002 on a visit but over stayed my visit
am now living the uk
is there
any chance of me living in the uk legally or applying for a dependant visa
Greenfields Solicitors   |86.141.172.xxx |2010-06-15 14:21:35
Dear Jessica

As you are still legally a minor the Home Office may look over
the fact that you have overstayed if there a compelling and compassionate
circumstances in your case.

It is advisable that you make an effort to
regularise your status sooner rather than later as you will soon be 18 and
therefore a young adult which will mean that you are technically able to depend
on yourself independently.

The fact of the matter is that you have lived in
the UK for a considerable period of time and therefore may be eligilble for
Indefinite Leave to remain on the basis of 14 years continued residency in the
UK. If you can show that you have resided in the UK continuously over the past
14 years without any interruption and without being served or becoming know to
the Home Office Immigration authories you may be in a position to regularise
your status and obtain ILR.

For further legal advice and assistance on this
matter you should seriously consider approaching a firm of accredited
immigration solicitors who should be able to assist you.


Regards

Greenfields Solicitors
www.greenfieldssolicitors.com
Ms Sarah Mc Donald  - Ms   |78.146.232.xxx |2010-06-12 10:12:16
Dear Sir/Madam
My nephew is 14yrs old -orphan
from his mother who died
suddenly at 29yrs old- and the son of my brother who remarried with no income.
My brother's family wich comprises 5 members, my mother 83 yrs and another
disabled brother 46 yrs all live on my dad small pension who died at the same
time as my sister in law three year ago.

I have been sponsering my nephew and
his yong brother who is now 7yrs since their mother died in October 2007.
I am
working and I do not use the public funds.
Would my nephew and his brother if
possible qualify under this other categories.

Many thanks.

Sarah Mcdonald
Greenfields Solicitors  - Dependant Nephews   |Registered |2010-06-14 08:49:27
Dear Ms Mcdonald

You may apply for your nephews to join you in the UK as your
dependants if you apply for their entry clearance on the dependant
visas.

However, as you brother is still present there may be the issue of
sole responsibility which entry clearance officers will have to consider when
assessing the applications. You may have to assume legal guardianship through
the family court system where they are residing so that all authorities
concerned can recognise that you are the primary carer of these children as
their father has official relinquished his duty to them.

Further to the
issue of sole responsibility you must prove other criteria such as to show that
they are living in the most compelling exceptional circumstances and that you as
the Sponsor are able to maintain and accommodate the children without having to
claim an benefits.

For full professional legal advice, it is recommended
that you seek assistance/advice from a firm of accredited immigration
solicitors.

Regards

Greenfields Solicitors
www.greenfieldssolictors.com
Mark Whiteley   |86.147.156.xxx |2010-05-23 15:30:32
Hi
I am bringing my wifes child, my step daughter to the uk. We have fallen at
the first hurdle for her in the 'on line' application form, These are the
cateogories, could you help me and tell me which one see falls into. She is 7
years old supported by mty wife in Uzbekistan
Greenfields Solicitors  - Online Application     |86.141.172.xxx |2010-05-28 08:25:57
Dear Mr Whiteley

In order for anybody to assist you the most productive way
to go about this would be to seek professional assistance and advice from
immigration specialists.

You may wish to have an initial consultation
whereby and advisor/solicitor would be able to give you verbal advice with
regards to the form which you are trying to complete. Otherwise you may wish to
instruct professionals to undertake and conduct all the work involved on your
behalf. Should you wish to discuss this matter further online, why not join the
forum provided by this website.

Regards

Greenfields
Solicitors
www.greenfieldssolicitors.com
Shailesh Patel  - re: Mr   |123.237.52.xxx |2010-05-11 08:18:53
Shailesh Patel wrote:
Dear sirs,
can i qulify for DEPENDENT RELATIVE VISA ?
IN UK MY YOUGER
BROTHER AND HIS FAMILY ,THEY ARE CITIZENS OF UNITED KINGDOM SINCE 20YEAR,
Greenfields Solicitors     |86.141.172.xxx |2010-05-28 12:33:30
Dear Mr Patel

In order to qualify for a dependent visa you must be either
the dependent child of a settled UK resident (i.e. under the age of 1 or the
dependent parent of a settled UK resident (i.e. over the age of 65).

However
there may be exception to this rule where other relatives may be considered as a
dependent for the purposes of settlement in the UK where there are truly
exceptional circumstances in present in an individual's case. Only where it can
be proven that you are under the age of 18 and are wholly emotionally and
financially dependent on your brother in the UK may the entry clearance officers
consider your case. In similar cases to your own normally the Sponsor (i.e. the
UK resident) would have to prove that they are the only people present who look
after you currently as for example your parents are not present to do so.

If
you are over the age of 18 then you are going to have to apply for a different
type of visa, (such a student visa or work permit etc) as you will not be
eligible to apply for settlement in the UK.

For professional legal advice it
is recommended that you approach a firm of immigration solicitors.

Regards


Greenfields Solicitors
www.greenfieldssolictors.com

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