Can british citizen sponsor his brother who is illigal

[hashhegde]

hi there, its a query about my friend. actually his brother was in uk on student. after two years his college rovoked and HO curtailed his visa. he went to scotland and illegal now. its been one and a half year. now the situation is my friend got his british passport. will he able to sponsor his brother through EEA route if his brother move to spain, italy or republic of ireland? any suggestion ?

[chriskv1]

If the person without status is dependant on his brother (financially as well) and they are to move to another European country together, I don't see why not.

Just so that we are clear ,
They are blood brothers , yes ?

[hashhegde]

If the person without status is dependant on his brother (financially as well) and they are to move to another European country together, I don't see why not.

Just so that we are clear ,
They are blood brothers , yes ?

thank you for the reply bro. yes they are blood brothers but both are in the UK at the moment. the one who is illegal is not dependant on my friend (British citizen). so for eea route, they both need to go to any European country and apply from there ? the one who has got British passport has job and family here. its not easy for him to go and settle down some European country. is it possible that he can stay in UK and his brother who is illegal go to European country and get sponsored by his British citizen brother ?

[chriskv1]

Unless they both move , The person without status can't do anything as far as I'm aware.

[chaoclive]

Unless they both move , The person without status can't do anything as far as I'm aware.

Right. The person without status has no right to move to another EEA country and then return to the UK and apply for residency.

If the 'illegal' brother is not dependent on the British brother (and can prove it), they will have a hard time doing anything.

More details here: https://www.gov.uk/government/publicati ... ly-members and here: https://www.gov.uk/family-permit/eligibility ("You must be able to show that you’re dependent on the EEA citizen or a member of their household, or have a serious health condition and rely on them to care for you.")

[chriskv1]

Unless they both move , The person without status can't do anything as far as I'm aware.

Right. The person without status has no right to move to another EEA country and then return to the UK and apply for residency.

If the 'illegal' brother is not dependent on the British brother (and can prove it), they will have a hard time doing anything.

More details here: https://www.gov.uk/government/publicati ... ly-members and here: https://www.gov.uk/family-permit/eligibility ("You must be able to show that you’re dependent on the EEA citizen or a member of their household, or have a serious health condition and rely on them to care for you.")

I never said they can move back to the UK and apply for residency . And I said he needs to be dependent on his brother . All I said was they could move to another EU country together and apply for residency in another EU country.

[chaoclive]

Unless they both move , The person without status can't do anything as far as I'm aware.

Right. The person without status has no right to move to another EEA country and then return to the UK and apply for residency.

If the 'illegal' brother is not dependent on the British brother (and can prove it), they will have a hard time doing anything.

More details here: https://www.gov.uk/government/publicati ... ly-members and here: https://www.gov.uk/family-permit/eligibility ("You must be able to show that you’re dependent on the EEA citizen or a member of their household, or have a serious health condition and rely on them to care for you.")

I never said they can move back to the UK and apply for residency . And I said he needs to be dependent on his brother . All I said was they could move to another EU country together and apply for residency in another EU country.

Where in my post did I say you were wrong? Where did I say you DIDN'T say any of this? If you could read my post you will see that the first word was 'Right', which means I agree with you.

Any further detail provided was to help the OP.

Anything else that isn't clear?

[hashhegde]

Unless they both move , The person without status can't do anything as far as I'm aware.

Right. The person without status has no right to move to another EEA country and then return to the UK and apply for residency.

If the 'illegal' brother is not dependent on the British brother (and can prove it), they will have a hard time doing anything.

More details here: https://www.gov.uk/government/publicati ... ly-members and here: https://www.gov.uk/family-permit/eligibility ("You must be able to show that you’re dependent on the EEA citizen or a member of their household, or have a serious health condition and rely on them to care for you.")

well the illegal brother can move to republic of ireland as there is no checking on border i believe and been told by my friend. if illegal brother will able to move to republic of ireland and british brother will funding him, will illegal brother able to choose this route or not ?

[chaoclive]

Unless they both move , The person without status can't do anything as far as I'm aware.

Right. The person without status has no right to move to another EEA country and then return to the UK and apply for residency.

If the 'illegal' brother is not dependent on the British brother (and can prove it), they will have a hard time doing anything.

More details here: https://www.gov.uk/government/publicati ... ly-members and here: https://www.gov.uk/family-permit/eligibility ("You must be able to show that you’re dependent on the EEA citizen or a member of their household, or have a serious health condition and rely on them to care for you.")

well the illegal brother can move to republic of ireland as there is no checking on border i believe and been told by my friend. if illegal brother will able to move to republic of ireland and british brother will funding him, will illegal brother able to choose this route or not ?

He can of course move there, but on what basis would he lawfully stay in the Republic of Ireland if his British brother did not go with him? He would still be illegal if he went there by himself.

Of course, it is possible that the British brother will try to set up residence in Ireland and stay with the illegal brother in Ireland. If that is the case this could work.

[gozo1]

I think people are unconsciously using a very derogatory term to describe a person's situation, even in practical terms it isn't right as human being cannot be illegal? Undocumented, clandenstine are much more appropriate, although I note that chaoclive has only quoted the previous poster.

[Casa]

To be honest, whether you say someone is 'illegal' in the UK or has 'illegal status' or 'has no legal status' or 'is here illegally' ...it all amounts to the same thing and I don't believe the majority of members would consider this derogatory. Not 100% grammatically correct perhaps.

[gozo1]

You may well be correct Casa in saying majority of members may not find it derogatory. Human beings cannot be define as Illegal, It may amount to the same thing , in that majority of the public loosely use this term to qualify undocumented migrant,either ignorantly or perversely, it does not make it right, and it does matters hence why the UKBA has now adopted the use of the term clandestine.