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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi I am a single adult female with my only two children living

Resolved Question:

Hi I am a single adult female with my only two children living in the UK. One for 6 years and the other for 3 yrs. Both have Irish citizenship. Would it be possible for me to leave South Africa and go to live with them ?

Thanks

Bev Ryan
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Who are the children with
2. What is the nationality of the person they are with
3. Would you seek to work in the UK whilst you are here

Kind regards.
Tom
Customer: replied 5 years ago.

Hi Tom

 

1. My children are 29 and 31 and live together

2. Yes i would like to do "Care-Giving" if possible

Expert:  Thomas replied 5 years ago.
Hi Bev,


Thanks for your reply.

If your children have Irish citizenship (not UK) then they are in the UK exercising their EEA treaty rights. Family members of EEA national (ie. your sons) can sometimes join them by applying for a family permit. IN the case of a parent of an EEA national they would only obtain a Family Permit if they can prove that they are dependent upon the EEA national(s). Please see “What is a family member” on the following UKBA page:-
http://www.ukba.homeoffice.gov.uk/eucitizens/eea-family-permit/#

Dependency is generally taken to meant that you must be wholly or mainly financially dependent upon contributions made by your sons. If this is not the case (ie. because you are able to earn your own money/pay your own way) then you are not regarded as being financially dependent upon your sons are therefore not eligible to apply for a Family Permit I regret to say.

You are therefore not an any different position to any other South African citizen. This means that you would have to apply for a worker visa to come here to work with a view to settling permanently once you have been on a worker visa for 5 years.

Unless you have access to significant funds which you propose to invest in the UK you would have to apply under the Tier 2 Sponsored Skilled Workers provisions. To do this you would have to meet the points criteria which includes having a sponsor employer who is willing to employ you:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/

In addition to this your job (as you will see from the links on the above page) must either be on the Jobs In Shortage Occupation list or not one which can be filled by the resident labour force. I’m afraid that Care Giving is not a job that has a shortage of vacancies I’m afraid so it would be extremely difficult.

I am sorry I could not have better news for you.

If you have any british ancestry then my answer may change so please let me know if you do and I shall revise accordingly.

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Kind regards,


Tom
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