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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi dear. Im brazilian married with an English man. My case

Resolved Question:

Hi dear.
Im brazilian married with an English man. My case is fine. But im writing for you about my brother. He came to England in February last year. He got a tourist visa for 6 months. So he's illegal here. Last week i was in holiday he went to do a help in a brazilian restaurant for the week And the immigration got him working at the restaurant. He is at detention since last Thursday. We have no family in Brazil. He has Just me and my sister now, we both have babies and we have resident permit to stay in uk. I want him to live with me and help me to look after my baby. Because I'm pregnant again and have dog to look after as well. So. My question is. We can help him to stay here? I bring him here because the situation hi was living in my country. To much drugs and is to danger for him to stay there. I want do anything for him to stay. Its possible?
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

I assume that he is not in a relationship with any person based in the UK.

How old is your brother please?

Kind regards,

Tom
Customer: replied 3 years ago.

He's 30 years old. He has a girlfriend but she is from filipinas and she got a student visa.

Expert:  Thomas replied 3 years ago.
Okay.

How long has he been in a relationship with his Girlfriend please?

How long has he lived with her?

Tom
Customer: replied 3 years ago.

They are together from about October 2013 but he's living with me. He was. Now he's at detention.

Expert:  Thomas replied 3 years ago.
Thanks. Drafting your answer now. 5 mins please.

Kind regards,

Tom
Customer: replied 3 years ago.

Thank you.

Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

Basically, your brother’s chances of securing his stay in the UK are very, very slim even with instructing a solicitor and pretty much non-existent without instructing one. I am sorry.

The difficulty is that he has committed two breaches of the immigration rules. The first is that he has breached the rules by overstaying. The second breach is by working in the restaurant. Both breaches are very serious, both are grounds for deportation and grounds for a re-entry ban once they have deported him.

The difficulty is that even if he had not committed either of these breaches and was still here legally then there does not appear to be a visa category that he is eligible for.

In order to apply on the basis of your relationship with him (I assume you have ILR) he would only even potentially be able to apply for adult dependent relative visa. However he would not be eligible for this because you have show that the person is not capable of carrying out day to day activities without care from you. If he is physically able to carry out the normal everyday tasks and physically able to work then this would rule him out of this visa.

In order to apply on the basis of his relationship with his girlfriend he would have to show that he is an unmarried partner and for this you have to have been in a relationship for two year and living together for almost all of that time. This does not apply to him and so he would not be able to apply under this category either.

The only other option would claim for asylum, but it has to be genuine. Claiming Asylum is very difficult. In practice only 19 of 100 applications are actually accepted.

In order to claim asylum you must show that you have a well founded fear of persecution because of:-
 race;
 religion;
 nationality;
 political opinion; or
 membership of a particular social group.

If his claim is not genuine then he will be found out.

I am really sorry but it does not appear that there is a category for which he can apply for. You can instruct a solicitor to act on his behalf whilst he’s in detention but the chances are that they are very unlikely to be able to secure him leave to remain in the UK principally because he is a fully grown adult who, very regrettably/unfortunately has breached the immigration rules pretty serious and does not appear to be eligible for another visa category.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,

Tom
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for your help.


It's so sad. The situation.


Can you tell me if he's applying he will stay there until the answer from the home office. Maybe we can try for asylum

Expert:  Thomas replied 3 years ago.
Hi,

His situation is very uncertain.

If he submitted a claim for asylum then he would be able to stay until it was decided on, but potentially not if he applied under any other category (which he is not apparentely eligible for in any event)

I am sorry.

Kind regards,


Tom
Customer: replied 3 years ago.

He will stay in detention?

Expert:  Thomas replied 3 years ago.
Hi,

Unless he is released on bail, then yes.

However, if he is allowed to submit an asylum applicaiton then he most likely will be released until it is decided on.

Tom