Uk Settlement Visa For Sister In Laws Neice

[tibap]

Hi all

I am currently living in the UK with my wife who is on a settlement visa. Her sister (divorced) has been here for 10 years and is on a ILR visa, and lives in a two bedroom house with her daughter (also on a ILR visa)

She would like to bring her neice over to the UK on a settlement visa. My question is 1, is this possible and 2, how would you go about it. (someone has suggested that she would have to adopt her neice to make this possible)

Previously i have successfully submitted family visit and settlement visa applications on behalf of my wife, however i think this one would be a far more complicated, and would appreciate any advice.

Thanking any respondents in anticipation.

Tibap.

[7by7]

If the niece is under 18 then the only way that your sister-in-law would get a settlement visa for her is if she can show that the girl is totally reliant on her for financial support etc. and has no other family in Thailand to whom she can turn for support.

If the niece is 18 or over then in addition to the above she would need to show that she is not living an independent life and is, through physical or mental disability, incapable of doing so or supporting herself.

If she doesn't meet the above requirements, I don't think that even adopting the girl, which would be a long and complicated process, would help. Of course, if she is over 18 then adoption wouldn't be an option anyway.

There is, of course, no reason why the niece cannot apply for, and be granted, a family visit visa; but it would only be a visit for a maximum of 6 months.

[tibap]

Thanks for the quick response 7 by 7

I forgot to say the neice is 16 years old, and while my sister in law sends money every month to help support her (schooling etc)

she does live in the family home in Thailand with her parents and grandparents, and it may be difficult to prove she is totally relient on her aunt for support.

If the above option is not possible, what are the requirements for a student visa ?

[7by7]

If she is living the her family home, then she is not totally reliant on her aunt, so wont get a settlement visa. I'm afraid that the fact her standard of living would be better in the UK, or worse in Thailand if her aunt didn't send her family money, is not a consideration under the UK's immigration rules.

To qualify for a student visa she would first have to find an approved educational establishment in the UK to confirm that they have accepted her onto a course and sponsor her application. She would also need to show that she has the funds available to pay for her course and support herself while in the UK. These funds can come from her or a third party and do not need to be instantly available but can come from income; but not any potential income she may have if she were to work in the UK while studying (students can work up to 20 hours a week)

She would also have to provide an English certificate from an approved provider.

See Studying in the UK and the appropriate links from there.

[tibap]

THANKS AGAIN 7BY7 YOUR ASSISTANCE HAS BEEN VERY HELPFUL

[bangkockney]

Remember though that at 16 she will be classed as a child and must apply for the appropriate visa.

Also, if she comes via Tier 4 (child) for a long course of study (more than 6 months) no 3rd party financial support is allowed. Maintenance and fees must be met by the applicant, parents or legal guardians only.

If coming for a course of less than 6 months, the child will simply apply for a child visitor visa.

Last, 16 can be a hard age to place in the private education sector.

Edited October 22, 2011 by bangkockney

[tibap]

Points taken bangkockney, thanks again.