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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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My sister in law passed away last week. She left behind an

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My sister in law passed away last week. She left behind an 18 month old boy. I have two children of mu own 4 and 3 yrs. I have an aunt in Nigeria who can come and help me with taking care of the 3 children. What kind of visa can she apply for

Where is the children's father and what does he say?

Who is to have residence of the child?

What natoinality are you?

Customer: replied 3 years ago.
The father and child are here in the u.k. he moved out of his flat after the incidence and now living with my family. He is going to be here as long as he wants. He works and is planning to do a postgraduate degree. He is still responsible for his child but we are now living together as one household and he is aware and fully supports my plans for bringing aunty over. I am black British. Born in Nigeria


What nattionality is the father please?

Customer: replied 3 years ago.

So, is it the case that the father will take day to day care of the child in your property?

Customer: replied 3 years ago.

Yes but he will be studying and working, so even though he is here with the child at my residence we need help with childcare


What visa does he have?

When does this expire?

Does the child have a passport?

Customer: replied 3 years ago.

He has a tier 1 general, expires 2015 october then he will due for indefinite leave to lremain. The child has a nigerian passport

Does the child have leave to remain stamped in his passport?

Customer: replied 3 years ago.

No he has dependent of tier 1 on his passport


Thanks for your patience.

If he is noted as a dependent on his visa then his status is secure, which is the main thing I think you will agree.

Provided that his father remains in compliance with the conditions of his visa then their status together in the UK is not at risk. If he has a Tier 1 general visa then obviously he must carry on working. He cannot quit work and study full time, because the UKBA would regard this as a change of circumstances requiring him to apply for a student visa which bring a whole new wave of visa compliance.

I assume that he is named on the birth certificate and as such is the only person who has Parental Responsibility for the child, which means that he is parents only legal guardian. In terms of brining your aunty here the news is not good. She is not regarded as a family member for the purpose of the immigration rules of either you or her. This means that she would have to apply for a visa completely independently.

The arrangement which you propose whereby she cares day to day for the child is not one which affords her a right to apply for a work visa. Therefore the only way that she could come would be if she applied for a tier 2 sponsored skilled worker visa or a student visa and the problem with this is that both would require her to be out of the house and so she would not be able to actually be there to care for the child.

I am sorry I could not have better news for you.

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Kind regards,

Customer: replied 3 years ago.

Thank you for your advice i am satisfied with it but can you pls explain who is regarded as family under immigration law


For the purpose of application by dependents of points based system migrtants (like your brother) it's just spouses and children.

In the case of UK citizens or persons who are settled here (ie. those who hold ILR) it's the people on the following page:-

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