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: 6397
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

My two daughters (11 and 19 yrs old) and I, have been living

Customer Question

My two daughters (11 and 19 yrs old) and I, have been living in the UK for 4 years and has ILR status. We received this staus as I am married to a British citizen. Unfortunately my older daughter who was over 21 yrs and my 4yr old granddaughter could not accompany us as my dependants at the time for obvious reasons. She was living with me in our home in South Africa and had already broken up with her boyfriend (the child's father) by the time we left and had no alternative but to live with my sister for a short while. It's not been the ideal situation as bedroom space is very limited. She is now unemployed and cannot afford a place to live and I have been asking friends to help out...but nothing permanent. I have been paying her rent and assists by sending funds for their housekeeping. My daughter is suffering from chronic depression and I fear she might do herself and her daughter harm. I am very worried and would like to know if there is any chance I could bring them over to the UK on a more permanent basis other than just a short term holiday. She misses us tremendously and it breaks my heart that we cannot be together as a family. Please let me know on what type of visa I can get them over here to join us.
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

Thanks for requesting me.

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

  • 1. Does your daughter have any income other than from you
  • 2. Could she work if she had a job
  • 3. What nationality are her grandparents

Kind regards.

Tom

Customer: replied 3 years ago.

Hi..

 

1) No, she has no other income as South Africa do not provide income support or jobseekers allowance as the UK does.

 

2) Yes, she could work if she can find one. Sometimes trying to find a job in SA is difficult if you want the hours to fit around daycare hours. She could possibly get jobs in contact centres, but cannot work after 5pm due to having no-one to look after her daughter. Here in the UK she would have all the support she needs!

 

3) Her grandparents were born in South Africa.

Expert:  Thomas replied 3 years ago.

Hi,

Thanks for your reply.

I’m afraid that the only options open to her are to apply as Tier 2 Sponsored Skilled Worker or to apply for discretionary leave to remain as your dependent.

Tier 2
As to a Tier 2 application you will have to see if there is a job that she could do in the UK on the shortage occupation list:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf
She would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/sponsorship/
If your job is not on that list then the employer/sponsor will have to confirm that they have carried out a the Resident Labour Market Test. This test is effectively to show that there are no resident/eea national in the locality that can perform your role.
If you find an employer willing to sponsor then she will also have to meet the requisite number of points under the Tier 2 points based system:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/eligibility/pointsassessment/pointsscore/#header3
You will see at the top right hand side there is an option to use their calculator to work out how many points you are eligible for.
There is lots of information on Tier 2 Sponsored Skilled Workers visas here:-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/
It’s very difficult I’m afraid, particularly if her mental state is such that she cannot focus on organisational tasks.

Discretionary Application
This would be an application outside of the traditional immigration categories. In order to be successful a person would usually have to show that there are exceptional compassionate circumstances that apply which provide a compelling reason why the person should be permitted leave to enter/remain.

These are usually based on application by dependents where they are completely reliant on a person with leave to remain in the UK and there health would be severely prejudiced if the application was not allowed, so usually the elderly or persons with serious medical conditions. cannot It is also usually the case that they are only allowed if the person has now family in the country where they are that can help/assist them.

It would be very difficult for you to make this application and there is no guarantee of success. You would have to prove that she suffers from a mental illness, that you provide the whole/majority of the money she needs to care for herself and that there is no one on her country who can support or help her to even have a chance.

It would cost around £1500+Vat for a solicitor to prepare a discretionary application for you.

I am very sorry it could not be better news.


If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6397
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
I would like my daughter and grand daughter to come over on a 6 months family visit from South Africa. I'm in the process of a divorce and might have to claim a housing benefit soon. Presently I'm only working 20 hrs a week and although my husband is not living with us at the moment, he is still paying our rent. Will the fact that if I'm claiming public funds have an affect should I be their sponsor. My daughter is not working at the moment as explained in my previous questions and this also bothers me that the border agency might not want to give her entry clearance. Please help!
Expert:  Thomas replied 3 years ago.
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
If you've already paid for this answer, simply Login.

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