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John Knox
John Knox, Solicitor
Category: UK Immigration Law
Satisfied Customers: 1139
Experience:  solicitor with 8 years experience
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my sister was granted 2 yrs visitors visa to visit and care

Resolved Question:

my sister was granted 2 yrs visitors visa to visit and care for my uncle who is critically ill. his condition is still bad and requires one to one care, now we have decided to apply to home office for leave to remain.what are the likelyhood of our success. what is the process of such application.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  John Knox replied 2 years ago.
Hello,

I will do my best to help you with this.

Where is you sister from and what status do you and your uncle have in the UK? Also, if there are any other family members here, please give details.
Customer: replied 2 years ago.
my sister is a ghanaian my myself and uncle are both british citizens yes u do have other family in UK
Expert:  John Knox replied 2 years ago.
and how old is your sister please?
John Knox, Solicitor
Satisfied Customers: 1139
Experience: solicitor with 8 years experience
John Knox and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
My sister is 65 yrs retired civil servant in ghana she has visited UK for more than six times and had never overstayed
Expert:  John Knox replied 2 years ago.
Thanks

Your sister's best chance is to apply for settlement (indefinite leave to remain) as an elderly dependant relative of a British citizen (you or your uncle). To be successful, she would need to show:
  • she depend's wholly or mainly on you/your uncle for money;
  • she can and will be maintained and housed adequately, without needing public funds, in accommodation which you/your uncle owns or occupies exclusively; and
  • she has no other close relatives in her own country who can support her financially.
To apply on that basis, your sister would need to use form SET(f) available on the UK Border Agency website, link below

http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/applicationtypes/applicationformset%28f%29/

That is your sister's best chance. Otherwise, it is very hard for her to settle here in her current circumstances.
Customer: replied 2 years ago.
thank you i have read your points and have taken notes. reviewing your points i want to find out if you mean that, my sister whose husband is retired and leaves in Ghana but depend on their retirement benefit may not help this application,. even though, every month we send money down to ghana to support them.
Expert:  John Knox replied 2 years ago.
If you do genuinely help your sister and her husband by sending money across to them, that suggests they are dependant on you financially.

If your sister makes the application, she will need to include her husband as her own dependant. So, she is dependant on you and her husband is dependant on her.

I am not saying the application is certain to succeed but it is the best (and only) available route in the circumstances.
Expert:  John Knox replied 2 years ago.
Please remember to click ACCEPT so that I receive credit for my work.

Thank you very much.
Customer: replied 2 years ago.
Hi I don't know if my uncle whose wife is a British citizenand a full time worker will have an advantage to bear on my sister's application.what is the current application fee for dependant .
Expert:  John Knox replied 2 years ago.
Hi, the fee to apply on form SET(f) is £1814
Customer: replied 2 years ago.
Hi John you did not highlight me about imy uncle wife status whether it may have advantage of my sister's application . Thank u
Expert:  John Knox replied 2 years ago.
Hi
I'm afraid it is not helpful other than to show that yr sister has family here and is related to a British citizen. It does not give her any entitlement to settle here. Her best chance is to apply as a dependant elderly relative.

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