How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6434
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Dear Sir/Madam, I am British citizen, originally from Russia.

Resolved Question:

Dear Sir/Madam,

I am British citizen, originally from Russia. I have two sons 27 and 23 y.o living in Scotland. Youngest one is British citizen and oldest is Russian (by the time I moved to the UK he was 18yo) All three of us are very devoted to the British culture and accepted British way of life. My 'Russian' son has got HND from Telford College, Edinburgh in Hospitality Management and applied for Napier University to complete his education. For last 7,5 years he has worked in the UK and has NO convictions or troubles with any departments or authorities.
Now, With strict emigration rules in the UK I am facing to divide my family in two pieces. Alex doesn't have a salary £24-40K and have to go back to Russia, where he doesn't have a place to live or work. It will be a great shock for all of us because we are very close family.
Do we have a chance to be together in the UK? What can we do to extend my son's Visa in the UK ?

Thank you
Your sincerely
Irina Smith (mother)
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

 

Hi

Thanks for your question.

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

  • 1. Did you naturalise as a UK citizen
  • 2. How long has your son resided in the UK
  • 3. What nationality is the son's father

Kind regards.

Tom

Customer: replied 3 years ago.
1. I am naturalised as UK citizen in 2007
2. Alex has been in the UK 7,5 years
3. His father is Russian
Expert:  Thomas replied 3 years ago.

Irina,

 

Thanks.

 

What is his current visa status, when/how did he obtain it and when does it expire?


Tom

Customer: replied 3 years ago.
His current Visa is Post-study Tier4, expire on 5th August 2011. Got it in the UK after completing HND in 2009 from Telford College, Edinburgh
Expert:  Thomas replied 3 years ago.

Ok.

 

Has he enquired with the company he is currently working for would be willing to sponsor him?

 

Is the only reason that he does not meet the eligibility criteria for an extension his not earning £24k-40k? How much does he earn?

 

Tom

Customer: replied 3 years ago.
He is working for chain of restaurant Wetherspoon in Edinburgh for two years after college as kitchen associate-team leader. They have a very particular post-names that will not tell too much about work performed. His salary is little bit more than Minimum rate, approx £12K pa. In a point based Visas he is not illegible for UK visa
No, he didn't talk to the company. I am afraid his level is not high enough to ask for work permit.
Expert:  Thomas replied 3 years ago.

Is it simply the earnings which mean he does not meet the points based criteria?

 

You are certain that they would not be wiling to sponsor him?

 

Tom

Customer: replied 3 years ago.
In 2006 company he worked for applied for his visa extension but was refused because he is not under category of Highly-skilled worker.
Now emigration rules are more strict. Tell us how convince them and we will try
Expert:  Thomas replied 3 years ago.

When a company applies to sponsor someone it is done under the Tier 2 Sponsored Skilled workers rules, they would have to offer to sponsor him to do this and I suspect you are right in that Wetherspoons (being a very large company) may not do this.

 

Is he in a relationship with a UK/EEA citizen or person with ILR or another visa status in this country?


Tom

Customer: replied 3 years ago.
No, It could sort out the problem if he was. My youngest son is very popular with girls but no Alex
Expert:  Thomas replied 3 years ago.

Right.

 

How did his younger brother obtain UK citizenship?


Tom

Thomas, Solicitor
Satisfied Customers: 6434
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
He was 14yo when he arrived in the UK. When I received settlement he got it on my base
Expert:  Thomas replied 3 years ago.

Hi Irina,

 

Thanks for you waiiting, I'm afriad I've had an unexpetadly busy day.

 

Your son is not in a good position I am sorry to say.


In order tor a person to claim indefinate leave to remain on the basis of long residence in the UK they must have been here for 10 continuous years, which your son obviosuly does not have.

 

Time spent in the UK on a PSW visa cannot be counted towards and application for ILR, other than under the long residence rule above.

 

If he does not meet the required points in order to extend his visa or otherwise apply as a sponsored skilled work sponsored by his employer then his best shot is to submit a Discretionary Application for further leave to remain. This would be an application outside of the traditional methods of obtaining leave to remain (ie. those available on the UKBA website).


His argument would be that he should be permitted leave to remain in the UK on the basis of his Human Right to a family and private life so that he can remain as part of your family. He would have to show that he does not have any family or friends in Russia to the extent that his life their has effectively ceased and, further, show that he cannot accomodate and support himself (with assitance from you) so that he need not access public funds.

 

This is a difficult applicatoin to make and you woulc certainly need a solicitor to do it on your behalf because it's a specialist application. It would cost in the region of £1000-1500 + Vat for a solicitor to act on his behalf. It is by no means certain of sucess but if he does not meet the eligibility crtieria otherwise then it may be his only chance.

 

Obviously, you do not have to worry about clicking accept to this.

 

Kind regards,


Tom

Customer: replied 3 years ago.
Thank you Tom,

I will consider your suggestion. Could you please recommend the solicitor to support our case.

regards

Irina
Expert:  Thomas replied 3 years ago.

Irina,

 

Where are you based?

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
Alex and his brother live and work in Edinburgh. I live in Essex, Westcliff-on Sea.
Expert:  Thomas replied 3 years ago.

Hi Irina,

 

It would be best for him to instruct a solicitor near him really.

 

I'm afraid I do not know any immigration solicitors in the Edinburgh area but if you use this search engine entering immigration law then it will tell you firm's near where they are:-

http://www.lawscot.org.uk/wcm/lssservices/find_a_solicitor/Core/directory.aspx?

 

Good luck.

 

Kind regards,


Tom

Customer: replied 3 years ago.

Thank you Tom,

 

We will try.

 

Regards

 

Irina

Expert:  Thomas replied 3 years ago.

You're welcome.


Kind regards,


Tom

Customer: replied 3 years ago.

Tom,

 

Could you present our case? I could bring Alex to London if that is the place. I feel that you are the right person I can trust.

 

Look forward to hearing from you

 

Kind regards

 

Irina

PS:

Expert:  Thomas replied 3 years ago.

Irina,

 

I'm afraid private contact between experts and customers is prohibited so, regretfully, I must decline to act.

It really would be best for him to instruct a solicitor in his area because he will need to be in close contact frequently with them throught the application.


Kind regards,


Tom

Customer: replied 3 years ago.

Thank you Tom,

 

Kind regards

Irina

 

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience