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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi iam a british citizen and my husband is a jamaican national.He

Customer Question

Hi iam a british citizen and my husband is a jamaican national.He would like his neices to come and live with us they are currently living with his mother in jamaica and have been doing so for almost 8years because there mother had left them and has never returned. what would be our first steps if any?
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.


Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. What has happened to their father and why does he not care for the children
  • 2. Are the children living in conditions that are detrimental to their welfare
  • 3. Could you both support all the children without needing access to more public funds than you already legitimately receive

Kind regards.


Customer: replied 5 years ago.


1. The father left mother a long time ago when siblings were young. his were about's unknown.

2. The grandmother is living in a third world country and is retired and can no longer support the 3 children hence the reason why she as asked her son to take care of one.

3. Intially yes . My husband works fulltime and we have a rental home and a mortgage home we are hoping to sell this as we have a reasonable amount of equity tied into it.

Kind regards


Expert:  Thomas replied 5 years ago.

Hi Lorraine,

Thanks for your reply.


Sorry I should have asked - how old are they all please?

I have to go in to a meeting and should be able to answer in an hour if that' okay.


Please do not click accept to this, it was intended as an info request only!


Kind regards,


Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.

Thanx Tom.


The child whom we want to recieve is a girl she is 14 years old.


Just the one as we also have 3 children. Please go to your meeting i will be at home all day so i will check email every so often.



kind regards



Expert:  Thomas replied 5 years ago.


Hi Lorraine,


Thanks for your Question.


It is going to be difficult. If the children do not have any British Ancestry then you are looking at having to make an application for settlement for them as your dependents. Nieces are not considered dependents automatically in the same way that your children would be. This means that nieces are only accepted as dependents if there are exceptional compassionate circumstances that apply to them.


The burden is high. The key is proving actual dependency at the present time, which is that they are living out of the UK and surviving because you are mainly responsible for providing finance to them to enable them to live. If you are not doing this then the chances of a successful application are very remote.


If you are providing them with money to live then it must be a sufficient amount so that if it was not paid then their welfare would be severely affected. You would have to submit substantial documentary evidence supporting dependency (bank statements, evidence of the conditions they are living in, possibly doctor's notes etc) as well as detailed statements from all parties arguing that they cannot live with our the financial and familial support you provide. Jamaica is not considered a third world country either, so there is a further perception issue to overcome there.


In addition you would also have to show that you can accommodate them and support them without any needing to access any more public funds than you already do. Obviously you would also have to prove your relationship to them by submitting each party's birth certificates and passports.


If you were to make an application I would strongly advise you to get a solicitor to advise you initially on the specific merits of your application and, if you are advised that there is a reasonable chance of success, to draft the application on your behalf. It would cost around £1000.00+vat to prepare the application and if it is rejected you will have to appeal to the Immigration Appeals Tribunal. For this you would need the solicitor to act and to instruct counsel on the day of the Hearing. The costs for this appeal would probably be around £2000-3000.00.


I am sorry it could not be better news.


Kind regards,


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