Hello,I am a UK citizen and have been for the past 28 at years; my wife is also a UK citizen for the past 2 years and has been living in the UK for the past 7 years. My wife’s mother recently passed away in Pakistan and my youngest sister in law is temporary being looked after by one of her married sisters and her elderly father in Pakistan.However there father is elderly and too poor to look after his youngest unmarried daughter and the married sister that is currently looking after her is unable to financially support her as she has her own family to support. We are therefore wondering if it is possible to bring over my youngest sister in law who would then live with me and my wife, we will be able to sponsor her and support her financially. I am aware that a person can come over on a short term visa up to 6 months, but we wanted to know if she can settle here and live with us permanently.Please note that my sister in law is 17 or 18 (unfortunately I don’t know her exact DOB just yet and am unable to get hold of my wife at present as she is in Pakistan for the funeral) so would appreciate advice on this with her being a child and as an adult. Can you please advice on what the process would be and also what documents she would need from Pakistan and what I need to do here. I look forward to your reply Kind regards Tahir
Province/Country relating to question : I am in the UK & she will be coming from Pakistan
I have been on the UK Border website but the only information that I find relates to spouse or children.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.I am sorry to hear about your situation. Best scenario would be for you to adopt her as your child provided she is under the age of 18 and you would not need to meet the current financial threshold of 18,600 gross earning per year. You would however need to provide adoption papers as well as meet the maintenance and accommodation requirements. Your adopted child must show that they:are not leading an independent life;are not married or in a civil partnership;have not formed an independent family unit; andare aged under 18Please see the following link on how to legally adopt a child who is outside of the UK:http://www.ukba.homeoffice.gov.uk/sitecontent/documents/residency/intercountryadoption.pdfOnce you have adopted the child the form you will need to complete wold be form VAF4A. The form and the guidance can be found at the following link:http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/children/applying-visa/If she is over the age of 18 then the following would apply:The requirements to be met by a person seeking indefinite leave to enter or remain in the United Kingdom as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom are that the person:(i) is related to a person present and settled in the United Kingdom in one of the following ways:(a) parent or grandparent who is divorced, widowed, single or separated aged 65 years or over; or(b) parents or grandparents travelling together of whom at least one is aged 65 or over; or(c) a parent or grandparent aged 65 or over who has entered into a second relationship of marriage or civil partnership but cannot look to the spouse, civil partner or children of that second relationship for financial support; and where the person settled in the United Kingdom is able and willing to maintain the parent or grandparent and any spouse or civil partner or child of the second relationship who would be admissible as a dependant; or(d) parent or grandparent under the age of 65 if living alone outside the United Kingdom in the most exceptional compassionate circumstances; or(e) parents or grandparents travelling together who are both under the age of 65 if living in the most exceptional compassionate circumstances; or(f) the son, daughter, sister, brother, uncle or aunt over the age of 18 if living alone outside the United Kingdom in the most exceptional compassionate circumstances; and(ii) is joining or accompanying a person who is present and settled in the United Kingdom or who is on the same occasion being admitted for settlement; and(iii) is financially wholly or mainly dependent on the relative present and settled in the United Kingdom; and(iv) can, and will, be accommodated adequately, together with any dependants, without recourse to public funds, in accommodation which the sponsor owns or occupies exclusively; and(iva) can, and will, be maintained adequately, together with any dependants, without recourse to public funds; and(v) has no other close relatives in his own country to whom he could turn for financial support; and(vi) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity; and(vii) does not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974Please note the term "most exceptional compassionate circumstances" the threshold for this is extremely high and the applicant would need to have sever medical condition or in a position where they would need urgent mental/physical attention to enable her to meet the threshold.The applicant must, as a result of age, illness or disability, require long-term personal care: that is help performing everyday tasks, e.g. washing, dressing and cooking; • The applicant must be unable, even with the practical and financial help of the sponsor, to obtain the required level of care in the country where they are living because it is not available and there is no person in that country who can reasonably provide it, or because it is not affordable there. • The entry clearance officer must be satisfied that the applicant will be adequately maintained, accommodated and cared for in the UK by the sponsor without recourse to public funds. This reflects the intended thrust of the current rules applying to parents and grandparents aged under 65 and to all other adult dependent relatives using the route, including those aged 65 or over. The UK sponsor will not be required to meet the new financial requirement of a gross annual income of £18,600 to sponsor an adult dependent relative, who will continue to qualify for immediate settlement in the UK. If the applicant’s sponsor is a British citizen or settled in the UK, the applicant must provide an undertaking signed by the sponsor confirming that the applicant will have no recourse to public funds, and that the sponsor will be responsible for their maintenance, accommodation and care without such recourse, for a period of five years from the date the applicant enters the UK. The following evidence will need to be provided in support of an application for leave to enter as an adult dependent relative: • Evidence of the family relationship: Evidence of the relationship between the applicant and the sponsor will need to be provided, e.g. birth or adoption certificates. The entry clearance officer will need to assess whether other evidence is needed. • Evidence that, as a result of age, illness or disability, the applicant requires long-term personal care, that is help performing everyday tasks, e.g. washing, dressing and cooking: Medical evidence that the applicant’s physical or mental condition means that they cannot perform everyday tasks. This must be from a doctor or health professional. Under paragraphs 36-39 of the Immigration Rules, entry clearance officers have the power to refer an applicant for medical examination and to require that this be undertaken by a doctor or other health professional on a list approved by the British Embassy or High Commission.• Evidence that the applicant, even with the practical and financial help of the sponsor in the UK, is unable to make arrangements for the required level of care to be provided to the applicant in the country where they are living:(a) evidence that the required level of care is not, or is no longer, available in the country where the applicant lives. This could be from a central or local health authority, a local authority, or a doctor or other health professional. If the required care has been provided through a private arrangement, the applicant must provide details of that arrangement and why it is no longer available. (b) evidence that the required level of care is not, or is no longer, affordable in the country where the applicant lives. If payment was made for arranging this care, the entry clearance officer will ask to see records and an explanation of why this payment cannot continue. If financial support has been provided by the sponsor or other close family in the UK, the entry clearance officer will ask for an explanation of why this cannot continue or is no longer sufficient to enable the required level of care to be provided. • Evidence of adequate maintenance, accommodation and care in the UK: The applicant must provide a signed undertaking from the sponsor that the sponsor will maintain, accommodate and care for the applicant adequately for five years without recourse to public funds. In addition, the applicant must provide evidence from the sponsor that the sponsor can provide the maintenance, accommodation and care required, in the form of any or all of the following:(a) Original bank statements covering the last six months; (b) Other evidence of income – such as pay slips, income from savings, shares, bonds – covering the last six months; (c) Relevant information on outgoings, e.g. Council Tax, utilities, etc, and on support for anyone else who is dependent on the sponsor; (d) A copy of a mortgage or tenancy agreement showing ownership or occupancy of a property; and (e) Planned care arrangements for the applicant in the UK (which can involve other family members in the UK) and the cost of these (which must be met by the sponsor, without undertakings of third party support). • No unspent convictions: The applicant must not have any unspent convictions in the UK or overseas. As you will note the requirements to be satisfied in relation to some one older than 18 are much harder than someone younger. I hope this clarifies your concerns. If so kindly rate my answer positively so I can get credited for my time.Kind regards
I am a qualified solicitor and an expert in UK law
Thank you very much for your reply.
If the individual is under 18 – regarding the £18, 600 gross earning per year.
I am a full time employee and am paid £17,500, and my wife does not work, but we also receive child tax credit, child benefit and working tax credit of around £3,500 - £4,000 per annum. Can the benefits be taken into consideration for the gross earning or is this only based on my earnings from my employer.
If the individual is over 18 – how does she start the process of application, what form does she need to fill in, also when you mention “an undertaking signed by the sponsor”, can this be a signed letter from me or would this have to be from a solicitor or lawyer. Also note that the individual is of sound mind and has no phiyical or mental issues and does not require any care, but how would we prove that her married sister who is currently looking after is unable to financially support her?
Another query is if she decides she just wants to come on the 6 – 12 months visa as a visitor, how we would go about applying for this and what documents will we need submit with the application. Do I still have to be earing £18,600 – can you also break this down in to the two sections of above 18 and below 18.
Also me and my wife live at my mothers home but are in the process of moving to our own place which could take several months, if we were to apply using my mothers home as the place of resident and me as the sponsor would this be a problem.
And finally can me and my wife apply as a joint sponsership for my sister in law.
If the individual is under 18 – regarding the £18, 600 gross earning per year. I am a full time employee and am paid £17,500, and my wife does not work, but we also receive child tax credit, child benefit and working tax credit of around £3,500 - £4,000, can the benefits be taken into consideration for the gross earning or is this only based on my earnings from my employer.
If the individual is over 18 – how does she start the process of application, what form does she need to fill in, also when you mention “an undertaking signed by the sponsor”, can this be a signed letter from me or would this have to be from a solicitor or lawyer.
Another query is if she decides she just wants to come on the 6 – 12 months visa as a visitor, how we would go about applying for this and what documents will we need submit with the application. – can you also break this down in to the two sections of above 18 and below 18.
Finally me and my wife live at my mothers home but are in the process of moving to our own place which could take several months, if we were to apply using my mothers home as the place of resident and me as the sponsor would this be a problem.
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APPLYING FOR A VISITOR VISA
Lets say that the applicant was able to confirm that her sister and brother in law in Pakistan were able to support her and that she could go back to them once her visa has expired and was not looking to settle in the UK.
Would this make things easier when applying for a visa and if so what form would she need to complete?
Also regarding the above does it make a difference if she is over or under 18.
Finally I wasnt sure regarding the £18,600 threshhold - if we adopt her and then apply for her settlement do we need to provide proof at that time or any other time that our earnings are £18,600.
Once again thank you for your help.
I have finally spoken to my wife and can confirm that the individual, my sisster in law, is 18 years old. We have also decided to apply for her to settle here under the grounds that her mother has recently passed away and that she has no brothers to look after, her father is to poor and old to look after her and her other sisters are all married with their own kids and financially they cannot raise her or have space at their own homes.
Can you please advise: -
I look forward to your reply.
Thank you for your reply.
Just 3 queries.
I have been on the link that you have provided on the above email and notice that the fee is £1,850, can you just confirm is this is correct and can you advise on whether or not the application can be submitted from the UK. My sis in law is in Pakistan but if she sent all the info to me in the UK, could I then submit the application from the UK with my documents and pay directly from my account or would it have to be from the country that the individual is coming from so in this case Pakistan.
Also regarding letters from the father of the individual or any other relative in Pakistan stating that they cannot look after her. None of them can read, write or speak English so I am assuming that the application will need all letters from them to be in English and not in Urdu. Therefore would I be able to write a letter on their behalf or translate a letter for them or does it have to be from a professional.
Finally I noticed on the application guidance notice that anyone applying for settlement needs to prove that they can speak some form of English, however my sis in law is uneducated and never had any intentions of coming to England until her mother passed away so she cannot speak any English, can you advise if their is something we can do to work around this.
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