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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7481
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I am a New Zealander who has been living in the UK for 9 1/2

Customer Question

I am a New Zealander who has been living in the UK for 9 1/2 years now and I have indefinite leave to remain. I am now married to a British citizen and 2 of my adult children would like to be able to join me permanently in the UK. There seems to be quite a lot of conflicting instruction and, because it so expensive to apply for a visa, I would not want either of them starting the process if it is doomed to failure as that would be throwing money away.
Could I please have some SOLID information as to whether an application would be likely to succeed?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Thomas replied 2 months ago.

Ho

Thanks for your patience.

What aye precisely are your children please?

Tom

Customer: replied 2 months ago.

Hello Tom,

As I said in my enquiry, they are adults. But if you're needing specific ages then 28 and almost 35.

Can you tell me please... Why have you been assigned my question when your field is Accountancy?

Kind regards

Jessie

Expert:  Thomas replied 2 months ago.

Hi

Thanks for your question. I will try to help.

I am a Practicing Immigration solicitor in England and Wales.

Unfortunately, because you have obtained indefinite leave to remain after your children have become adults they are not entitled to register as UK citizens.

Additionally, because of their age they are also not entitled to obtain a Visa on the basis of their relationship to you as their mother.

They are for all intents and purposes treated the same as any other foreign nationals whose parents do not have links to the United Kingdom. The only possible way that they might be able to obtain a Visa on the basis of your relationship would be if one or both of them were dependant on you to the extent that they can not carry out personal/household tasks in their home country because of illness or disability. They would also have to show that the care they need is not available in their home country and that you would be able to support/accommodate them without claiming public funds.

So, provided they are independent adults capable of looking after themselves and working in their home country they would not quality for this Visa which is called an Adult Dependent Relative Visa.

I assume that they would wish to work in the UK but they do not have access to £200,000 for investment in UK business and are not world leaders in their employment fields. On this basis, the most relevant Visa that they can apply for is a Tier Two Sponsored Skilled Work Visa., which is a work visa sponsored by a UK employer for a job they would do in the Uk.

They would have to 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

You will have to see if there is a job that they 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 their job is not on this list then this means that their 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 the role,.

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. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 2 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Expert:  Thomas replied 2 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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