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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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My two daughters (11 and 19 yrs old) and I, have been living

Customer Question

My two daughters (11 and 19 yrs old) and I, have been living in the UK for 4 years and has ILR status. We received this staus as I am married to a British citizen. Unfortunately my older daughter who was over 21 yrs and my 4yr old granddaughter could not accompany us as my dependants at the time for obvious reasons. She was living with me in our home in South Africa and had already broken up with her boyfriend (the child's father) by the time we left and had no alternative but to live with my sister for a short while. It's not been the ideal situation as bedroom space is very limited. She is now unemployed and cannot afford a place to live and I have been asking friends to help out...but nothing permanent. I have been paying her rent and assists by sending funds for their housekeeping. My daughter is suffering from chronic depression and I fear she might do herself and her daughter harm. I am very worried and would like to know if there is any chance I could bring them over to the UK on a more permanent basis other than just a short term holiday. She misses us tremendously and it breaks my heart that we cannot be together as a family. Please let me know on what type of visa I can get them over here to join us.
Submitted: 6 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 6 years ago.


Thanks for requesting me.

To enable me to answer your question could you please respond to the following:-

  • 1. Does your daughter have any income other than from you
  • 2. Could she work if she had a job
  • 3. What nationality are her grandparents

Kind regards.


Customer: replied 6 years ago.



1) No, she has no other income as South Africa do not provide income support or jobseekers allowance as the UK does.


2) Yes, she could work if she can find one. Sometimes trying to find a job in SA is difficult if you want the hours to fit around daycare hours. She could possibly get jobs in contact centres, but cannot work after 5pm due to having no-one to look after her daughter. Here in the UK she would have all the support she needs!


3) Her grandparents were born in South Africa.

Expert:  Thomas replied 6 years ago.


Thanks for your reply.

I’m afraid that the only options open to her are to apply as Tier 2 Sponsored Skilled Worker or to apply for discretionary leave to remain as your dependent.

Tier 2
As to a Tier 2 application you will have to see if there is a job that she could do in the UK on the shortage occupation list:-
She would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
If your job is not on that list then the employer/sponsor will have to confirm 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 your role.
If you find an employer willing to sponsor then she will also have to meet the requisite number of points under the Tier 2 points based system:-
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 here:-
It’s very difficult I’m afraid, particularly if her mental state is such that she cannot focus on organisational tasks.

Discretionary Application
This would be an application outside of the traditional immigration categories. In order to be successful a person would usually have to show that there are exceptional compassionate circumstances that apply which provide a compelling reason why the person should be permitted leave to enter/remain.

These are usually based on application by dependents where they are completely reliant on a person with leave to remain in the UK and there health would be severely prejudiced if the application was not allowed, so usually the elderly or persons with serious medical conditions. cannot It is also usually the case that they are only allowed if the person has now family in the country where they are that can help/assist them.

It would be very difficult for you to make this application and there is no guarantee of success. You would have to prove that she suffers from a mental illness, that you provide the whole/majority of the money she needs to care for herself and that there is no one on her country who can support or help her to even have a chance.

It would cost around £1500+Vat for a solicitor to prepare a discretionary application for you.

I am very sorry it could not be better news.

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Kind regards,

Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 6 years ago.
I would like my daughter and grand daughter to come over on a 6 months family visit from South Africa. I'm in the process of a divorce and might have to claim a housing benefit soon. Presently I'm only working 20 hrs a week and although my husband is not living with us at the moment, he is still paying our rent. Will the fact that if I'm claiming public funds have an affect should I be their sponsor. My daughter is not working at the moment as explained in my previous questions and this also bothers me that the border agency might not want to give her entry clearance. Please help!
Expert:  Thomas replied 6 years ago.

In order to sponsor someone you would, ideally, execute a sponsorship declaration with a local solicitor. In this you would state state the terms of the visit, that she is to return at the end of it, that you shall accommodate you and shall pay the costs of any unforeseen expenses that should occur during the stay so that you will need to access public funds.

The public funds requirement is taken to mean that you will not need to claim any more in public funds than you already do, so in and of itself receiving housing benefit does not mean you cannot be a sponsor. The issue is showing that you have access to private money which you can use in the event that you should need to to meet her unforeseen expenses.

Again, it is not a pre-requisite that you daughter must have a job to be eligible to apply for a visitor's visa, but she needs to prove she can meet the costs of her stay and will return to SA at the end of her visit.

Kind regards,