Advice needed

HereandThere · Post by **HereandThere** » Tue Dec 30, 2008 8:05 pm

Hi,

Firstly let me thank anyone who takes the time to read this ramble!

Secondly, I would like to say hindsight is 20/20 and in a perfect world, we wouldn't be facing this problem.

I am a UK citizen (by birth) greencard holder, no let me rephrase, I WAS a greencard holder, not that its ever been officially cancelled, but, I have been out of the US for some considerable time, around 18 months.

We, my wife (of 9 years) and step-daughter who are American and myself, moved to the UK in May 07. My stepson who was over the age of 18 and who had no interest in coming to the UK remained in the US. At the time he was working and lodging in a friends house.

Time moved on, and as we all know, the world has changed rather a lot, times got harder, and it became more of a struggle for us here, I was formerly in the Financial services industry but am working for about half the income I used to now. Things got even harder for my stepson, and faced with this situation, we brought him here for a couple of months, gave him some respite, and then he rushed back a few weeks ago.

The inevitable happened, no job, no home and basically we plucked him out of there cold and hungry and flew him back here.

So, in summary, I can't go back to the US, because the greencard has expired, he is over 18, 22 to be precise, so cannot easily get the same right that my wife and daughter have (permanent uk status). As I said, hindsight is 20/20.

Thats the background.

My question, is what options, limited as they may be, do we have?

Is the basis for hardship, and their is no doubt that its extreme, going to be enough to allow an application for ILR, or, would we be better looking at some kind of student option, or anything else for that matter, bearing in mind he is currently here!!

Umitigated disaster comes to mind.

Again, thanks for reading, and any suggestions would be most appreciated.

Michael.

Post by **vinny** » Wed Dec 31, 2008 1:50 am

See also Chapter 15 - Entry for settlement: parents, grandparents, other dependent relatives and Chapter 8 - Family members > Section 6.

Alternatively, see also Working in the UK and Student Guidance

Post by **JAJ** » Wed Dec 31, 2008 3:22 am

Do you want to go back to the United States?

If so, have you looked into either a returning resident visa or alternatively, a new spouse immigrant visa sponsorship?

Did you not consider becoming a U.S. citizen before you left the United States? Or even getting a re-entry permit?

HereandThere · Post by **HereandThere** » Wed Dec 31, 2008 8:55 am

Vinny;

I'll take my time reading the links, and I thank you for that, I will if I may, follow up with any questions that arise from that.

JAJ;

Thank you for your response.

The quetion of returning to the States, only arises, because of the urgency of finding a way to house my s/son. The more logical step woud be to keep him here under our roof.

A new spouse application could be an option, and with regard to your last sentence, I was at pains to say hindsight is 20/20, from which, I think you may deduce that those steps were not taken.

HereandThere · Post by **HereandThere** » Thu Jan 01, 2009 10:40 am

Hi Vinny et al,

My wishes to you for a healthy and happy New Year!

Again, many thanks for the links.

It seems to me, that we have no real option other than to apply on the grounds of his hardship and the fact that we are the providers, and have been for a long long time. We will compile a stack of evidence to support this, and in the case of the biological father, I am hoping that documented proof from the State of Mass, showing him as a non payer of $60,000 child support, and whereabouts unknown will assist.

The situation was dire which is why he is here, however, reading the guidelines, that just further complicates things.

I do see the following statement...

"or aunt over the age of 18, who is mainly dependent upon relatives settled here. Entry clearance as a dependent relative is mandatory, however paragraph 318 provides for such relatives to be granted indefinite leave to remain, even if they entered in a temporary capacity"

Forgive me if I have missed something, but where exactly do I find this information, 'para 318'. I would like to read more on this.

Again, many many thanks.

UKBAbble · Post by **UKBAbble** » Thu Jan 01, 2009 11:06 am

Look in here for para 318.

http://www.ukba.homeoffice.gov.uk/polic ... les/part8/

HereandThere · Post by **HereandThere** » Thu Jan 01, 2009 6:27 pm

UKBAbble wrote:Look in here for para 318.

http://www.ukba.homeoffice.gov.uk/polic ... les/part8/

Just wanted to drop you a quick thanks for the link.

I'm sure numerous questions are going to come to the fore as we delve deeper into this and I'm grateful to everyone for the help provided.

HereandThere · Post by **HereandThere** » Sun Jan 04, 2009 7:05 pm

Hello All,

Looking at the forms, SET (f) seems to apply, they seem in the main, fairly straigtforward, not, that I underestimate the enormity of the task at hand!

I was in addition, somewhat shocked at the fee level, 750 or 900 depending on type of submission. Having flown him to and fro, my son that is, having supported him there and us here, things have become somewhat tighter so that was a jaw dropper.

Does anyone have an opinion on whether the in person submission stands a better chance than the postal? Would the application in person, allow us to explain on the spot, any issues that required further clarification?

Thanks again.

sakura · Post by **sakura** » Mon Jan 05, 2009 10:38 am

There are some questions that you might have to think through. Usually, when applying for parents or children or siblings over the age of 18, you need to prove that they are dependant on you and that life in their countries is (generally speaking) no longer an option for them. With your s/son, why can you not help him financially to rent an apartment? Why is he unable to get a job (being 22 and, I'm guessing, quite well educated)?

You might well have an uphill struggle, since he is young, healthy and American. i.e. elderly parents from developing countries are refused dependant visas, so you can imagine what challenges you might have.

I only write this because a lot of dependant visas fail (often at the financial hurdle) - the ECOs would consider life in the US equivalent to life in the UK and that, with a little financial support from you, he would have no need to move here. The emotional/family aspect does come into the equation, but not by much.

HereandThere · Post by **HereandThere** » Mon Jan 05, 2009 1:23 pm

Sakura,

Thank you for taking the time to lay this out.

I can't help but be depressed at this scenario, however, I was under no illusion about the difficulties.

With a father that has never supported him, well documented, we have always been the provider, even moreso when we moved here. He left school with a high school diploma, deciding at the time not to go to college, something he no doubt regrets now. With no job to be found, and the collape of his ability to afford a roof over his head, he was homeless in the days prior to his being flown here.

I am not trying to paint a bleak picture in the sense of supporting the application, I'm just describing the events. My own means are very meagre now, not to such an extent that I could not afford to support him, I can and do, but within the restriction of living under our roof, not trying to house 2 households which frankly could not be done.

Difficult to know what to say really.

Thanks again.

SUB-ZERO · Post by **SUB-ZERO** » Mon Jan 05, 2009 5:28 pm

[/quote]My stepson who was over the age of 18 and who had no interest in coming to the UK remained in the US. At the time he was working and lodging in a friends house.

The major hurdle is that the ECO is going to feel that your son was leading an independent life,the fact that he was working and living with friends. One of the main issues that they look at is family unit,was he part of the unit and is he still part of that link.Second issue is going to be the financial aspect,does he depend on you in terms of finance,clearly when he was working at the time he had his own money,add the two together=(independent life) I see your case heading to court and the HO will really
give it their all. The fact the he chose to remain is a really huge dent to your case.

You really really need a good lawyer to argue your case.

HereandThere · Post by **HereandThere** » Mon Jan 05, 2009 9:29 pm

I probably overstated his independance, he was more resigned to not being able to come with us. as I initially thought he couldn't.

He has never really been independant, financially or emotionally and in the 18 months we've been here, he has been 3 tmes, rescued so to speak on 2 of the occasions, never mind the ongoing support he needed while there.

I was aware of the huge problems associated with bringing a dependant in to the country, however, the sheer desperation of the current situation left me with no alternative but to examine it, hence this current debacle. He just wants to be with his family, safe, warm and to work hard for his future.

This is incredibly stressful for all members of the family, no doubt a theme common to many who struggle with these issues.

HereandThere · Post by **HereandThere** » Wed Jan 07, 2009 8:24 am

I've had some very helpful tips here, for which I am extremely grateful.

Obviously this isn't a very easy situation, far from it, and probably the only way we will know for sure is to pursue it, however, is their a general consensus on the likely outcome of such an application?

How many people on this forum, have attempted, failed or been successful, I could really do with getting a feel for peoples views on this.

Kind regards

Mick

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