UK Immigration Law
Ask an UK Immigration Law Question, Get an Answer ASAP!
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
What is his current visa status, when/how did he obtain it and when does it expire?
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?
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?
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?
How did his younger brother obtain UK citizenship?
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.
Where are you based?
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:-
Thank you Tom,
We will try.
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
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).