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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7620
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a uk resident I received a british passport in 2012.

Customer Question

Hi I am a uk resident I received a british passport in 2012. I enetered uk in 2005 through a spouse visa. I am a uk resident,my down syndrome sister is also a british citizen. she got her citizenship through me and my mum is in the uk through indefinite leave. she has a Malawian passport. she has been in the uk for 6 years. one of my brother's is married to a british citizen, he is on a spouse visa, we have an issue with my other brothe who is 30 years old and has been in the country for 5 years on a student visa but this year his visa expires next month however his visa can not be renewed because there are restrictions from ukvi that a student can only live in the country for 5 years and no more.
the issue our whole family is here in the uk and me and my brother who is under spouse visa work fulltime and my brother who is on a student visa is a fulltime student and cares for my mother and downsyndrome sister. is there anyway we can gain a visa for him to stay.he has nothing to return back to in our home country Africa Malawi.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
He obviously needs to apply for a further visa.
If he cannot apply for student visa then he has to look at other options.
I assume he is not in a relationship with anybody, if he is please let me know.
Assuming that he does not have access to £200, 000.00 then he would probably be looking at a Tier 2 General Sponsored Skilled Worker visa. You will have to see if there is a job that you 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 you 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 there are no resident/eea national in the locality that can perform your role,.
You would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-
https://www.gov.uk/tier-2-general/eligibility
If he is able to find a job in the above way then he can apply for the above.
Apart from that the only other application that would be an outside chance would be a discretionary application. This is usually based on human rights and although he does have family ties here, if he does not have children or a spouse in the UK then his application would be very thin and I would not give it a particularly high chance of succeeding. Certainly the chances would be considerably less than 50% and he would also definitely need a solicitor to act on his behalf as soon as possible.
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 2 years ago.

hi,

he does have a child that is 2 year old but he is not on the birth certificate and the child does not hold his name, however he has spoken to the mothers child and she has agreed to put him on the birth certificate and also gv the child his surname. would the immigration request a dna test or the birth certificate is enough eveidence

Expert:  Thomas replied 2 years ago.
Hi,
If this is the case then he could possible apply for visa on the basis that he has access rights to a child in the UK.
However, there is quite a bit to sort out before he gets to that stage because he must see a family solicitor about first getting on the birth certificate and then applying to court for a contact order stating that he shall have contact with the child.
If he does this then he might be able to apply on this basis. This seems like the best way forward at the moment but you have to act quickly and get him to see a family solicitor about the child immediately.
Kind regards,
Tom
Customer: replied 2 years ago.

if this is done then woud the immigration request a dna test or just accept the birth certificate

Expert:  Thomas replied 2 years ago.
Hi,
They would probably accept the birth certificate..
Tom
Customer: replied 2 years ago.

thanks

Expert:  Thomas replied 2 years ago.
You're welcome