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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6592
Experience:  BA (Hons), PgDip, Practising Solicitor
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My sister in law passed away last week. She left behind an

Resolved Question:

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
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

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

Who is to have residence of the child?

What natoinality are you?

Tom
Customer: replied 1 year 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


Expert:  Thomas replied 1 year ago.
Hi

What nattionality is the father please?

Tom
Customer: replied 1 year ago.
Nigerian
Expert:  Thomas replied 1 year ago.
Ok.

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

Tom
Customer: replied 1 year 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

Expert:  Thomas replied 1 year ago.
Hi,

What visa does he have?

When does this expire?

Does the child have a passport?

Tom
Customer: replied 1 year 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

Expert:  Thomas replied 1 year ago.
Does the child have leave to remain stamped in his passport?


Tom
Customer: replied 1 year ago.

No he has dependent of tier 1 on his passport

Expert:  Thomas replied 1 year ago.
Hi

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.

.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

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

Expert:  Thomas replied 1 year ago.
Hi,

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

Please rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6592
Experience: BA (Hons), PgDip, Practising Solicitor
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