dependant criteria

finegirl · Post by **finegirl** » Fri Oct 25, 2013 4:28 pm

I have a brother here who is based in the UK as the spouse of a British Citizen, and they have a child together. He was able to remain in the UK on the grounds of right to family life. He has leave to remain which he has to renew every 2.5 years, and can work in the UK. He is employed full time and has a 24000 annual salary.

I am also currently in the UK as a student, I would like to know if I can change my status to dependant with my brother as my sponsor. And if this is possible will I be allowed to work

Post by **Amber** » Fri Oct 25, 2013 4:35 pm

Your Brother on family life leave to be your sponsor? No.

How long have you been in the UK and how old are you?

finegirl · Post by **finegirl** » Fri Oct 25, 2013 4:39 pm

I have been in the UK for 2 years and I am 17 yrs of age

Post by **Amber** » Fri Oct 25, 2013 5:49 pm

Are your parents here? If so, what is their immigration status?

finegirl · Post by **finegirl** » Fri Oct 25, 2013 6:03 pm

i am here on a student visa, my parents are back in Africa

Post by **Amber** » Fri Oct 25, 2013 6:35 pm

Unfortunately, for 276ADE(iv), you would have to have lived continuously in the UK for at least 7 years. Is there any risk to your life back in Africa?

Post by **Amber** » Fri Oct 25, 2013 6:40 pm

See also Annex FM at 1.2:

Chapter 8 - Appendix FM (family members) 3.2A wrote:If the sponsor is not a parent but another relative, eg an aunt or grandparent, the
factors which are to be considered relate only to the child and the
circumstances in which he lives or lived prior to travelling here. These
circumstances should be exceptional in comparison with the ordinary
circumstances of other children in his home country. It would not, for instance,
be sufficient to show he would be better off here by being able to attend a state
school.

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