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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My brother has been on student visa since 2009. His visa

Resolved Question:

Hi
My brother has been on student visa since 2009. His visa expires in march 2016. We are from Africa and we have no one back home.my brother is 30 years old. Me my younger brother my mum and my down syndrome sister all have British citizenship. How can my brother remain in the uk
Please advise
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your patience.
Is you brother looking for a job on order for the employer to sponsor him?
Is he in a relationship with anyone and if so what is there immigration status?
Kind regards
Tom
Customer: replied 1 year ago.

He is not in a relationship and his visa does not allow him to work full time he can only work 16 hours which won't allow him Togo in a professional job.he doesn't want to go through the route of work permit as we have been told it is very hard due to the sponsesres wanting certain qualifications which my brother would not have.

It is not easy to find a company to sponsor him.

Expert:  Thomas replied 1 year ago.
HiI will be able to answer at 9 a.m. Tom
Expert:  Thomas replied 1 year ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
Unfortunately, your brother is not regarded as a family member for the purpose of the visa rules.
This means that the only categories – other than the normal work visas – which he could conceivably be eligible for would be either:
- Adult dependent relative visa: https://www.gov.uk/join-family-in-uk/eligibility - see the final section on the above link. However, if he has been in the UK on a student visa managing to look after himself (ie. cleaning cooking, dressing, generally being independent) then he would not be eligible for this. This visa is only where the person cannot look after themselves in another country,
- Discretionary application – this is outside of the other normal visa categories and is normally based on human rights. It’s really REALLY difficult to be successful with this visa. Again, the problem here is that his relationship to you/your family does not afford the same strong human rights that a person does to their spouse/child. If he has only been here since 2009 and is an adult then this really is a long shot.
Ultimately, I doubt either of the above applicatiosn would succeed. However, if he submits an application then it will at least buy him some time to sort out a sponsor for a tier 2 general visa (https://www.gov.uk/tier-2-general/overview) or until he perhaps gets in to a relationship with someone who is either a UK citizen, foreign citizen with ILR or leave to remain.
I am sorry that the options are thin.
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
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