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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hello sir /maam, I am a kenyan lady living in uk. british

Customer Question

Hello sir /ma'am,
I am a kenyan lady living in uk. british citizen with a younger brother living in kenya. My brother will be 18 on april has a 'mild learning disability' thus is a little slower than a normal 17 yr old. We lost our mum last year and dad has been taking care of him. Dad is currently suffering from depression which is affecting my brothers quality of life as he has to put up with a lot including dads violent temper. I want to really help my brother but i dont know how to go about it especially because he is so far. how can i get him to come over? I have a family of my own here thus cannot relocate. please advise
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Jambo,

Are you also a British citizen?
Customer: replied 3 years ago.

yes i am


 

Expert:  UKSolicitorJA replied 3 years ago.
Thank you.

This will be a complex application as you can imagine.

Your brother, once he turns 18, would qualify for an adult dependant relative visa only if the following conditions are met:

  • he needs long-term personal care to perform every day tasks e.g. if he had some sort of disability;
  • The care he needs is not available in Kenya either because it is not available and there is no person in Kenya who can reasonably provide it or it is not affordable.
  • You can show that you are able to provide adequate maintenance, accommodation and care for your brother without having to rely on public funds. You will need to sign a sponsorship undertaking form to confirm that you will be responsible for your brother's care without relying on public funds for a period of at least 5 years.

Unless your brother has some sort of physical or mental disability or long term illness, I am afraid the first condition would be difficult to meet to qualify. The other conditions may be met if there is no other family in Kenya who can look after your brother.

 

The other option is to adopt him whilst he is still under 18 but this would be a lengthly process and I doubt can be done before he turns 18 in April.

 

I would suggest that you retain a Solicitor specialising in UK immigration law if you decide to make an adult dependant visa application.

 

Hope this helps

 

 

 

 

Expert:  UKSolicitorJA replied 3 years ago.
Just to add to my answer above, you are allowed to adopt your brother under English law as well as Kenyan law. It seems that you may have been misadvised.

All the best
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 3 years ago.

could you kindly advice me how to get the right information reference the adoption. the advice i had was from adoption agency


 

Expert:  UKSolicitorJA replied 3 years ago.
I suggest you contact the charity IAC as they are specialised in overseas adoptions: http://www.icacentre.org.uk/

All the best