Family and private life application

[tariq_sohaib]

I with my family including my wife and three children came here in 2007, on hsmp in UK and got our indefinite status in 2012. Now we are a settled family here. My son who was over 18 at the time of my entry was left behind in Pakistan, joined his family later on student visa, is here in UK for the last five years on the same student visa status. He is a single, 28-year-old. He completed his master degree in telecommunication engineering from Kingston University. His student visa is going to expire on 31 December 2015. He has never been over-stayer. He has no family, social or cultural ties in Pakistan, all of his siblings and parents are here in UK. I want to apply his visa on the ground of private or family life. Under the above mentioned facts, is it possible, and chances of success exist under paragraph 276ade (vi)?

[tariq_sohaib]

Any friends yet have not answered my query. Do you really understand that it is a difficult question?

[vinny]

See also cases.

[tariq_sohaib]

Dear Vinny,
Thank you for your response.
I have already studied so many cases , I just want to get your valuable opinion in my particular case.
Thanks!

[mangotree]

Write to the Home Office asking for advice. Or seek legal advice. Best of luck.

[secret.simon]

276ADE (1)(vi) states

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

While your son has strong ties to the UK via you and the rest of the family, the test for the route that you have suggested is that he would not be able to integrate back to his life in Pakistan. Given that he has spent the first 22 years of his life there and has been to school there, it is unlikely that he would face "very significant obstacles" to reintegration back into Pakistani life.

I would suggest that you apply under this provision and also request that the application be considered for Leave Outside The Rules (LOTR). I would not rate the chances too high (say, about 1/3), but that is the only certain way to get a definitive answer.

The reason that not many people have responded to your query is because it is a very unusual situation. And even the legal advice you get is likely to be equivocal,simply because it is a pretty rare case and nobody is certain of how the Home Office will decide. The only way to know the answer is to apply.

I would also suggest, that as a backup plan, that your son start looking for a Tier 2 General job. I would imagine that as a telecommunications engineer, his skills would be sought after.

[Wanderer]

276ADE (1)(vi) states

(vi) subject to sub-paragraph (2), is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but there would be very significant obstacles to the applicant’s integration into the country to which he would have to go if required to leave the UK.

While your son has strong ties to the UK via you and the rest of the family, the test for the route that you have suggested is that he would not be able to integrate back to his life in Pakistan. Given that he has spent the first 22 years of his life there and has been to school there, it is unlikely that he would face "very significant obstacles" to reintegration back into Pakistani life.

I would suggest that you apply under this provision and also request that the application be considered for Leave Outside The Rules (LOTR). I would not rate the chances too high (say, about 1/3), but that is the only certain way to get a definitive answer.

The reason that not many people have responded to your query is because it is a very unusual situation. And even the legal advice you get is likely to be equivocal,simply because it is a pretty rare case and nobody is certain of how the Home Office will decide. The only way to know the answer is to apply.

I would also suggest, that as a backup plan, that your son start looking for a Tier 2 General job. I would imagine that as a telecommunications engineer, his skills would be sought after.

+1

In UK eyes over 18 = independent life.

[noajthan]

I with my family including my wife and three children came here in 2007, on hsmp in UK and got our indefinite status in 2012. Now we are a settled family here. My son who was over 18 at the time of my entry was left behind in Pakistan, joined his family later on student visa, is here in UK for the last five years on the same student visa status.

..

It seems your son had already reached his majority as an adult by the time the rest of family first came to UK.
Ref Majority Act,1875:
http://legaladvicepk.com/majority-act-1875-4431.html

The main options available to independent adults within the UK immigration framework are via work/entrepreneur, study or marriage routes.

[tariq_sohaib]

Thank you Wanderer for your valuable opinion about my query.
One more question, as you suggested that I should request that my application be treated for leave outside the Rules (LOTR), may I have a right of appeal under this Rule in case of refusal?

[tariq_sohaib]

Dear Wanderer,
I am still waiting a reply from you.

[Wanderer]

Dear Wanderer,
I am still waiting a reply from you.

I've already said.