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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2170
Experience:  I am a qualified solicitor and an expert in UK law.
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Hello, I am a UK citizen and have been for the past 28 at

Customer Question

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
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
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; and
are aged under 18

Please 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.pdf

Once 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 1974

Please 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


UK_Lawyer, Solicitor
Satisfied Customers: 2170
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi,


 


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.


 


Thank you


 


Tahir

Customer: replied 2 years ago.

Hi,


 


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, 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.


 


Thank you

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

APPLICANT UNDER 18:
If the applicant is under 18 the salary threshold will not need to be met provided that you adopt her and she arrives to the UK.

APPLICANT OVER 18:

She will need to fill in form VAF4A as she is applying for settlement in the UK, the form and guidance can be found at the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/

An undertaking would usually be in the form of an affidavit/statutory declaration which would need to be signed and witnessed in front of a solicitor.

Regarding the level of support available in Pakistan. What you would need to provide is proof of the applicant's sister's marriage and the fact that she has build and is now part of a separate family unit. You may also provide letters from her sister and her sister's husband stating that they do not have the financial capacity to look after her.

APPLYING FOR A VISITOR VISA

If she decides to apply for a visitor visa this would prove more difficult as you would need to prove that she has sufficient links to go back to in Pakistan and have an intention to return to Pakistan.

If she does get the visitor's visa the difficult then would be if she returns to Pakistan and then applies for a dependent relative visa on the basis that she does not have links to Pakistan etc and no one to financially care for her. The ukba are likely to refuse this application as they would question the credibility of the applicant and on one hand she is saying when applying for a visitor's visa that she does have connections and links to go back to in Pakistan and in the dependent relative application we are stating that she does not have any one to look after her or financially support her.

Therefore I suggest that a dependent relative application be made at the outset. Kindly note the earning threshold does not apply for visitor visa applications.

You can use your mother's residence to accommodate her provided she agrees and provides an affidavit to that effect, evidence that she owns the property should also be included.

I suggest that both you and your wife jointly sponsor her as she is your wife's sister and therefore a relative.

I hope this clarifies your concerns. If so kindly rate my answer positively so I can get credited for my time.

Kind regards

Customer: replied 2 years ago.

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.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.

Applying for a visitor visa:

If you were able to show the above regarding her connections to the Pakistan and the fact that she does have family to go back to in Pakistan then yes she would be fine to apply, but you would need to show that you would be financially supporting her whilst she is here and accommodating her adequately.

If she is over the age of 18 it would not make a difference to her application for a visitor visa.

The form needed is at the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/visiting/family/apply/


If you go down the adopting or dependent relative route you would not need to show your earnings.

I hope this clarifies your concerns. If so kindly rate my answer positively so I can get credited for my time.

Kind regards
Customer: replied 2 years ago.

Good Morning,


 


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: -



  • what form I need to complete?

  • What information do I need to submit with the application?

  • what information my sister in law will need to submit from Pakistan?

  • You previously advised that I will need to show proof of earnings if applying for settlement but can you confirm if this means that I need to be earning £18,600 or above or would my slary of £17,500 be enough?

  • Also me and my wife will be the ones sponsering her and my wife doesnt work but she receives benefits of around £3000-£4000 a year so can this help towards the proof of earning section o?


I look forward to your reply.


 


Kind regards


 


Tahir

Expert:  UK_Lawyer replied 2 years ago.

Thank you for your question.

 

If she is over the ages of 18 then you would need to apply under the adult dependent section. The form required will be the VAF4A form and both the guidance and the form can be found at the following link:

 

http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/elderly-dependent/

 

As mentioned earlier the threshold you would need to satisfy is as follows:

 

The applicant or, if the applicant and their partner are the sponsor's parents or grandparents, the applicant's partner, must as a result of age, illness or disability require long-term personal care to perform everyday tasks.

 

The applicant or, if the applicant and their partner are the sponsor's parents or grandparents, the applicant's partner, 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-

 

(a) it is not available and there is no person in that country who can reasonably provide it; or


(b) it is not affordable.

 

You should provide evidence from her father or relatives in Pakistan regarding her situation in form of affidavits, bank statements of relatives, photographs of her sisters and brother forming an independent life and being married, her general health, statements from the person she is under the care of and the reason she is not able to be maintained by that individual, evidence that she does not have any bank accounts etc in Pakistan. Evidence of the fathers medical condition and age and his inability to look after your sister in law.

 

You do not need to satisfy any income threshold of £18,600 there is no requirement. Having said that you would need to provide evidence of income to state that once she will arrive she will not be a burden on the state so bank statements and other proof of income will need to be provided by yourself and your Mrs if you are jointly sponsoring her to the UK.

 

I hope this clarifies your concerns. If so kindly rate my answer positively so I can get credited for my time.

Kind regards

 

Customer: replied 2 years ago.

Hello,


 


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.


 


I look forward to your reply.


 


Kind regards


 


Tahir

Expert:  UK_Lawyer replied 2 years ago.

Thank you for your reply.

 

I will be happy to proceed with answering further questions once you have rated my previous answer.

 

Kind regards,

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