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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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I am currently living in the UK, I have ILR Visa. I have a

Resolved Question:

I am currently living in the UK, I have ILR Visa. I have a brother who is 10 years of age. I would like to bring him to the UK to educate him here. I understand that there is some sort of law with children of 16 and below age. Is there a way whereby I could bring my brother here to educate him??
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Who does your brother live with at the moment and do they consent to this?

Tom
Customer: replied 1 year ago.

He is living with my parents in Nepal. And yes, I have their consent, just not on papers, yet.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that he would not fall in to the category of your “Child” for the purpose of applying under the “Children Category”:
http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/children/

You will see that it is usually parents based in the UK who are able to apply.

There is a child student category, however this is only where the child is coming to study at an independent fee-paying private schools. So, if he were to attend one of these schools and otherwise met the eligibility criteria in the category:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/studying/child-students/
..then the fact that you would house, accommodate and support him would buttress his visa application and make it much more likely that he would be successful.

However, if this is not an option then the chid student category does not apply to people wishing to go to publicly funded schools, so you could not do it this way.

If this were the case (ie. no fee paying school) then the only option would be to apply on a discretionary basis for him, but usually this is only done in exceptional circumstance where there are substantial human rights arguments in the applicant’s favour. I regret to say that I cannot see such arguments in his favour if he has a caring family unit in Nepal.

Sorry it could not be better news, but it’s better that you honestly know the situation how difficult it would be

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Kind regards,


Tom
Customer: replied 1 year ago.

The website that you gave me, from what age to what age does Tier 4 apply to? It doesn't really say the ages.

About how much would this private school cost roughly, annually/monthly.

Expert:  Thomas replied 1 year ago.
It applies to chilren between 4-17 years of age.

Fees vary wildly, but they start from 3-4000 per term, so there are very expensive..

Please remember to rate my answer.

Tom
Customer: replied 1 year ago.

I'm sorry. Last questions please.


 


"confirmation of acceptance for studies, which you get for studying an acceptable course with an approved education provider (also known as a 'Tier 4 sponsor')" What is an approved education provider? Some sort of school counselor?


 


And if I do bring my brother here, would he be able to get an ILR after some years? If so, till how long?


 

Expert:  Thomas replied 1 year ago.
Hi,

The approved eduction provider would be the school which he would attend. If it's a fee paying school with an established reputation then they will be a sponsor. They will have many children in this position.

There is no ILR for this category, so he would have to be s student or otherwise legally in the UK for ten years and then apply on the basis of the long residence rules.

Please rate my answer.

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