Siblings Under 18

[shabirkam]

HI Everyone

I would be grateful if you could help me in immigration of my family members.

i am British National and my siblings are in the UK and under 18 and going to school since 2012 and i want to apply for leave to remain as they are my dependent, could you please guide me how to apply for them ?



Thank you

Kam

[Casa]

Welcome to the forum.

In order for anyone to help, you will have to give more information on their immigration history.

What residency do they currently have in the UK?

Are they here legally?

Where are their parents?

How did they enter the UK in 2012?

[CR001]

In addition to Casa's question, how and when did you become British?

What is your UK immigration history?

Do you have proof that they are your siblings?

[shabirkam]

HI Casa and CR001

Thanks for your reply.

What residency do they currently have in the UK?
No they dont have any leave to remain

Are they here legally?

no

Where are their parents?

parents are in UK with me they are granted EU residence card under SS Route

How did they enter the UK in 2012?

they came on visit visa


@ CROO1

how and when did you become British?

in 2011

What is your UK immigration history?

came in UK about 2 decades ago and become naturalize British citizen.

Do you have proof that they are your siblings?
yes i do have birth certificates etc

[noajthan]

Did siblings undergo Surinder Singh with you if you are the Surinder Singh sponsor of some family members?

Otherwise you cannot sponsor any family member on EU migration route now, now that you are British.

[shabirkam]

HI noajthan

Thanks for your reply,

no siblings didn't went with me to another EU member state and reside in UK with my sister and she live with me and she is also British National.

any possibility i can apply for exceptional circumstances application ?


thanks

[noajthan]

HI noajthan

Thanks for your reply,

no siblings didn't went with me to another EU member state and reside in UK with my sister and she live with me and she is also British National.

any possibility i can apply for exceptional circumstances application ?

thanks

I don't know what exceptional circumstances there can be.

[shabirkam]

HI noajthan

Could you please guide me what option i have ?

how can i apply for my siblings

thanks

[Casa]

As noajthan has said...are there any exceptional circumstances?

[shabirkam]

Hi

yes, exceptional circumstances are my siblings are under 18 and unable to go back to back home and there is no one to take care.

[ALKB]

Hi

yes, exceptional circumstances are my siblings are under 18 and unable to go back to back home and there is no one to take care.

Where were your siblings when your parents did Surinder Singh?

[noajthan]

Hi

yes, exceptional circumstances are my siblings are under 18 and unable to go back to back home and there is no one to take care.

Unfortunately that's not so exceptional in terms of immigration and visas.
If they were not with you whilst you did/do SS you cannot sponsor them under EEA Regulations as you are British (so not treated as EEA anymore, in this context).

The only options may fall within family route, you can check here;
https://www.gov.uk/remain-in-uk-family/overview

[vinny]

no siblings didn't went with me to another EU member state and reside in UK with my sister and she live with me and she is also British National.

Regulation 9 does not indicate that family members other than spouse need to have reside in another member state.

[shabirkam]

HI Vinnay

Thanks for your reply....

i have read the relevant law, your are correct its not written for other than spouse however as a rule non EU family member should reside in an other family member state, specially in Surinder Singh Cases.

in my case my sibling reside with me in an other member of state ( Ireland) for couple of months ....eg. school holidays .....i may have some documents as well to prove this....

so what do you think about this..........

[noajthan]

A couple of months abroad won't cut it especially in current climate.

And now you are British and living in UK you are now unable to sponsor anyone (in UK) using UK EEA Regs.

The point of free movement is not to facilitate chain migration;
its to enable economic operatives to continue economic activity (and maintain/strengthen family ties) in one or more member states (not their home state) without being constrained by family concerns.

[vinny]

If they have excepted that Regulation 9 applies to your spouse, then it may also apply to your other family members.

Are there any downside for them to apply for residence cards?

[Obie]

no siblings didn't went with me to another EU member state and reside in UK with my sister and she live with me and she is also British National.

Regulation 9 does not indicate that family members other than spouse need to have reside in another member state.

Interesting how you get hold of these my ageing post Vinny.

It is difficult to see how it could be justified under article 8 or EU law to say the children under 18 of a Surinder Singh parent can be removed.