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Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I am under a Tier 2 General worker visa. Can my niece, my

Customer Question

I am under a Tier 2 General worker visa. Can my niece, my dependant, apply for a dependant visa? If yes, where should I look to find the right document to submit. Thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Hung, I regret to say that the only dependents who will get a visa based on your Tier 2 General worker visa are either your own child, if they are dependent or else your wife or partner. A niece does not fall within the category of allowable "dependents" for the purposes of a Tier 2 visa. So your niece will not be able to get a dependent visa, I regret to say. It is only your own children who can be considered "dependent" upon you.2. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
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Customer: replied 1 year ago.
What if my niece becomes my adopted child. Can my adopted child be my dependant?
Expert:  Buachaill replied 1 year ago.
3. Dear Hung, your niece may join you in the UK if adopted by you if you can show:-a) she was adopted when both you and your wife lived together outside the UK; andb) that your adopted niece has the same rights as any of your other children; andc) she was adopted because their original parents could not care for them, and there has been a genuine transfer of parental responsibility;d) your niece has broken all ties with their original family; ande) she was not adopted just to make it easier to enter the UK.Be aware that the dependent visa must be applied for before you enter the UK. However, in principle, your adopted niece can enter the UK as your dependent. But it must be a valid adoption. A foreign adoption order will only be recognised in the UK if it was made in a country on the 'designated list' - this means a country that is included in the Adoption (Designation of Overseas Adoptions) Order 1973.
Expert:  Buachaill replied 1 year ago.
4. Vietnam is on the designated list of countries whose adoptions are VALID for Immigration purposes.