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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my brother is currently lives in the USA. he is a US citizen

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my brother is currently lives in the USA. he is a US citizen by naturalization.
before moving to USA, my brother has obtained his Canadian citizenship status.Right now my brother is considering to move here to work and settle in the UK and join his 2 other siblings who is UK based. My question is: is it possible for my brother to move here in the UK to find work and eventually to settle, and what type of visa does he need to apply? thank you.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. What is the immigration status of his siblings in the UK
2. Is he in a relationship with anyone and if so what is thei nationality
Kind regards.

Tom
Customer: replied 1 year ago.
1. my brother has 2 sisters. and i am one of his sister. we both having british citizenship by naturalization. we were three children in the family and we were all born from the philippines.

2.my brother is married to another filipina and also holding US citizenship status, they have three children and all having US citizenship and they're all living in the US right now. All his children are under 16 yrs. my brother , his wife, and their first 2 children has obtained canadian citizenship status before moving to USA; their third child, i am not so sure about, i think their youngest child is born in the USA.
Expert:  Thomas replied 1 year ago.
Hi,

Does he have any British grandparents?


Tom
Customer: replied 1 year ago.
sorry, i've learnt from my sister just now, that my brother and his family is still waiting for their US citizenship by next year, so the whole family got canadian citizenship status, but the youngest child is born in the US.

my brother has no british grand parents.
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your reply.

I’m afraid that he does not have an automatic right to come to the UK and work. The fact that his siblings have naturalised does not help him in this regard because, obviously, he is not a dependent of theirs. This means that he would have to apply completely independently and they would not be able to sponsor him to come her.

If he does not have access to £200, 000.00 gbp for investment in UK business then the only option to him would be to apply for a Tier 2 Sponsored Skilled Worker visa.

This means that he would be looking at applying under the Tier 2 Sponsored Skilled Workers Visa provisions. You will have to see if there is a job that he could do in the UK on the shortage occupation list:-
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/workingintheuk/shortageoccupationlist.pdf

He 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 his job is not on this list then this means that his employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the UKBA 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 the role..

If an employer is willing to sponsor then he 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 :-
http://www.ukba.homeoffice.gov.uk/workingintheuk/tier2/general/

Sorry it could not better news, immigration in the UK is very restricted at the moment.

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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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