Tier 2 ICT Adult dependent (Down syndrome Sister)

[satpals35]

Hi All,

I need some urgent advice. I am applying for a Tier 2 ICT (Long Term staff upto 3 years), my family my wife and my daughter (2 years) are also applying along with me. My sister is a down syndrome and is dependent on me, My wife and I are also her Legal guardians after the death of my parents. My sister is Financialy, emotionaly and physically dependent on my wife and myself. I have her mental handicapped certificate issued by the hospital nominated by Indian Government showing her mental status, I also have the legal gaurdian order. In the past I was in France on a work permit and her visa was denied. My wife and daugther came to france and we tried keeping my sister with an aunt in India ( aunt is also 68 years) but my aunt was not able to take care of her and also my sister was not comfortable with my aunt and had stopped eating etc. This forced us to come back to India in 1 month of my family arriving. Please note that I had travelled 7 months earlier and would come back to India once in 2 months. I am now applying for a Tier 2 ICT dependent with the help of PWC law firm who are making an exceptional application request for my sister. My question is if the Tier 2 ICT is refused would I be able to reapply for a Visitor visa for my sister? Atlease she can come to UK for 6 months and then my wife can come back to India for few months and reapply for a Vistor visa for my sister

Also has any of you ever come across a similar case and know what was done?

[geriatrix]

Even under normal circumstance, when a dependant visa is refused then it is almost impossible for a visitor visa to be granted unless the applicant can provide "compelling" evidence of strong ties with the country of residence / citizenship.

Given your sister's condition, her dependence on you & your wife for almost everything, and the fact that she is unable to prove strong ties with her home country in any way, IMHO, visitor visa is a a lost cause.

[satpals35]

Hi Thanks for the revert. What do you think is the possibility of her getting the dependent visa

[geriatrix]

There is no provision in the immigration rules for a sibling of a PBS migrant to be granted PBS dependant leave.
No one can comment on an "exceptional circumstances" application (if there is any such thing) that the Secretary of State may decide to approve outside of immigration rules.

From the Home Office's perspective - the choice to transfer you to UK is your employer's, the choice to be transferred to work in the UK is yours; Home Office is not forcing you or your employer for you to come to UK to work given that you have a family member who cannot live without your / your family's physical support 24*7.

[satpals35]

Hi, The Visa applicaition was accepted by VFS after consultation with a consular officer on the 25th Aug . Its now about 6 calendar weeks and 4 working weeks snce the application. I have still not heard anything other than an email from the Embassy on the 4th Sep that the case is not staraight forwad and will take more than the time needed. Since it is 4 weeks since the email.. is this a goof sign or a bad sign? Any comments

[CR001]

It is a standard automatically generated email.

[satpals35]

Hi, I understand its an automatic reply, but the fact that its 5 weeks now and the visa is still not rejected does it mean something positive might happen?

[CR001]

No, it doesn't mean anything like that. It means that the application will take longer than their published timeframes. You will need to wait for the outcome.

[satpals35]

Is there a difference in the email which comes when the passport is dispatched for a approved applicaiton vs a rejected application?

[Wanderer]

Is there a difference in the email which comes when the passport is dispatched for a approved applicaiton vs a rejected application?

Nope....

[satpals35]

My Sister got the visa yesterday, It mentioned Leave to Enter out side of the rules..