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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33304
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi I have dual citizenship - British and Russian, and live

Customer Question

Hi
I have dual citizenship - British and Russian, and live in the UK. I have a grandson in Russia, and want to bring him here for Education. His parents will stay in Russia. Can I get a Joint gardianship status while he is studying here and if yes - what this can give me?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
Hello and welcome to Just Answer.

My name is Alex and I'm happy to help with your question today.

This is a matter of Russian Law as the child is presently in their jurisdiction. Unfortunately we are not qualified to advise on foreign law so you will need to obtain specialist legal advice from a dual qualified lawyer.

The Law Society on 0207 242 1222 may be able to help you with this.
Customer: replied 3 years ago.

Let me rephrase my question: is joint guardianship ( parents and grandparent) accepted in the UK? and if yes - can it help to obtain a visa/ILR for my grandson if I am a UK citizen?


 

Expert:  Alice H replied 3 years ago.
How old is he?
Customer: replied 3 years ago.


Should I wait for the answer? Or this is it?

Expert:  Alice H replied 3 years ago.



I was asking his age.

How old is your grandson?
Customer: replied 3 years ago.


14 now

Customer: replied 3 years ago.

He is 14 now

Expert:  Alice H replied 3 years ago.
Thanks for the additional information.

You can certainly make an application for your grandson to join you in the UK in order to study. There is no need to go down the guardianship route so long as you have his parents express permission.

The application he would make is as a child student under Tier 4 of points-based system. It is for migrants who want to study in the UK.

As a Tier 4 student, he must score 40 points in the points assessment as follows:

30 points for a confirmation of acceptance for studies, which he can get for studying an acceptable course with an approved education provider (also known as a 'Tier 4 sponsor'); and

10 points for having enough money (also known as maintenance or funds) for the course fees and living costs, which no doubt you will be able to provide.

So long as your grandson has a place to study and maintenance support he can make the application. After a period of time he may be eligible to apply for indefinite leave to remain but he would not automatically qualify for this simply because of your citizenship.

I hope this helps. Please remember to rate my answer. I am happy to assist further if you have any queries.

Alex
Customer: replied 3 years ago.

Thanks for this info, but this is not the answer on my question.


I know these detail about obtaining a student's visa and Tier 4 rules.


My question was about joint gardianship, if it is recognised in the UK, and if this can help to obtain a visa / ILR regardles of the education.


Thanks for understanding.

Expert:  Alice H replied 3 years ago.
You can apply for guardianship if you wish.

But as I said above it is unnecessary for a visa. Express parental permission is sufficient for your grandson to come and stay.

ILR will not be applicable at this stage. Usually he would have to lawfully resident in the UK for 5 years.

The only visa likely to be are study visas or general visitor. The latter is for a maximum of 6 months usually.
Expert:  Alice H replied 3 years ago.
Please remember to leave a rating for my answer. Thanks.
Customer: replied 3 years ago.

You still try to answer a question I did not ask, it is probably just easier for you to give the answer you know (as everybody does), even it is an answer on the question I did not ask.


I did not ask you if it is necessay for me to excersixe a joint gardianship, I asked you if this is recognized in the UK and if it can help my grandson to get a permanent visa or ILR, irrespectively of his education..


 


I suspect my question is to difficult for you to answer,, And I am back to square one,


 


If your only concern it get my request closed /finished - do so, I am giving up. But please do not expect me to be happy with the answer, I just did not get the answer on my question

Expert:  Clare replied 3 years ago.
Hi
Your being appointed as a Joint Guardian will not assist the immigration issue either in the short or the long term.
If you do get the necessary student visa - (entirely likely if you can prove that you can fund his education and healthcare costs) then having Joint Guardianship would be sensible as it will enable you to deal with the school and with Doctors Dentists etc.
Claire

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