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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am British born and have a South African Wife with

Resolved Question:

I am British born and have a South African Wife with authority to live in UK.Is it possible to be able to get my step son and his wife and two children permission to reside in Uk with a view to permanent immigration .
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Does the step son have any UK ancestry?
Kind regards,
Tom
Customer: replied 2 years ago.

No UK ancestry

.However his father was from Slovakia His wife of Italian ancestry but I do not Know how far back

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Assuming that he is now of adult age, your wife/his mother’s status in the UK does not afford him any additional visa rights in order to apply to come to the UK.
This means that he would be regarded as a completely independent person for the purpose of coming to the UK and would not be able to rely on his mother’s status.
Assuming that he does not have access to over £200,000.00 gbp for investment in to UK business and would come here to work then most people in such circumstances try to obtain Tier 2 Sponsored Skilled Worker visas.
This means that he would be looking at applying under the Tier 2 Sponsored Skilled Workers Visa provisions. You will have to see if there is a job that he could do in the UK on the shortage occupation list:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/308513/shortageoccupationlistapril14.pdf
If your job is not on this list then this means that his employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the home office that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform your role,.
He would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants and meet the eligibility criterai-
https://www.gov.uk/tier-2-general/eligibility
Obviously, both Slovakia and Italy are EEA countries so him and his wife may consider investigating whether they are eligible for citizenship of either country. If they are then they have EEA rights of movement which mean that the person who is a citizen of either Italy or Slovakia could travel freely to the UK without a visa, but the other spouse (ie. your son or his wife) and the kids would have to apply for an EEA family permit in order to come here as well, but it’s a very straightforward application (ie. no job required at the time you apply)
I am sorry that I could not have better news for you.
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, Lawyer
Category: Immigration Law
Satisfied Customers: 7569
Experience: UK Lawyer holding practising certficate for England & Wales.
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