Bring my 20 year old son to UK

[Sam_1611]

Hi,

I recently received my ILR. I have a son from my previous marriage and he lives in India, financially depending on my mother. He's 20 years old and is a full time student there. Both me and my husband are unemployed and we have a 1 year old son who was born with down syndrome and I could not work as I have to be a full time carer to my lovely adorable child. Hence thats why my mother is taking care of my elder son. Since he's over 18 I could not bring him here with me. But now my mother is not healthy and could not support my son anymore as she is suffering from heart problem, diabetes and blood pressure and her medical expenses are sky high. We are very worried about her and dont want to burden her with supporting my son. We need to know if there is any way we can bring him here with us, Im willing to do anything to complete my family, everyday I go through despair emotionally as I miss my elder son so much and I know he too wants to be with us. This is a time of total despair for us and I cannot explain how this is affecting all of us as he is there and we are here, far away from each other. Could anyone please advise on any steps that we could take, because we have run out of options and dont know what to do.

[vinny]

Any 'child' aged 18 years or over must qualify for settlement in his / her own right unless there are exceptional circumstances. If there are exceptional circumstances the application may be considered under the Rules on Other Dependant Relatives. (SET08 Parents, grandparents and other dependant relatives).

[khalidmirza]

Any 'child' aged 18 years or over must qualify for settlement in his / her own right unless there are exceptional circumstances. If there are exceptional circumstances the application may be considered under the Rules on Other Dependant Relatives. (SET08 Parents, grandparents and other dependant relatives).

True. Vinny is right. I have a personal experience in my family for a divorced lady aged 35 and she was sponsored by her brother. I was helping them. Though she had exceptional circumstances as her parents and others were murdered by the husband of the lady. Her husband was given death penalty.You must prove exceptional circumstances pyhsically existing. There are no provisions in law for emotional feelings

[Sam_1611]

Thanks so much Vinny and khalidmirza for the info. Its very helpful.

[Sam_1611]

Thanks so much Vinny and khalidmirza for the info. Its very helpful.

P.S: Could you advise me what form is required for this. Much grateful.

[vinny]

VAF4A.

[Sam_1611]

Thanks Vinnie.

Someone who is settled in UK told that they had brought their dependent relative to UK on a family visitor visa and during this time, when she was already present in UK, they decided to apply for settlement for the relative since she's financially dependent on them. Could this be true? Is it right to do like that? can settlement be applied when the applicant is already in UK on a different visa? Im confused.

[vinny]

If they are visiting the UK, then there should also be a change of circumstances if they want to apply for ILR. Else, they may be refused under 322(7) because of 41(i) & (ii).

[Sam_1611]

My son is here now and its an emotional turmoil for us as we dont know what to do. When the time comes for him to go back, he would have no support back home as my mother could not financially support him anymore as her medical expenses are so sky high. We would have to support him through whatever benefits we get here, and also we would have to arrange and put him up in a hostel back in India. As its traditional in India, people stay in a joint family and my sister and her family stays with my mother, even though my sister and her husband works, they too have to support their three grown up children. And especially now, her husband has suffered a stroke and is suffering from Alzheimer and its affecting both of them finacially too and in no way would they be able to help my son with the problems they are having.
I wish to retain my here here where i can provide a roof over his head and food to eat but as its said before, emotions have to be kept aside but whatever he's going to go back to in India is unpredictable. I really wish I could just make him stay now here. Is there any way I can apply for him to stay here with us?? Please help.

[Lucapooka]

In danger of repeating everything that you already know, he simply can't settle in the UK unless he is living in extreme compassionate circumstances such as a combination of indigence, ill-health. Quite literally, if as an adult he has qualified for a visit visa, then he clearly does not qualify for settlement as the requirements for each are diametrically opposed.

If you make this application it will fail and he will not get another visit visa.

[Loveislovely]

My son is here now and its an emotional turmoil for us as we dont know what to do. When the time comes for him to go back, he would have no support back home as my mother could not financially support him anymore as her medical expenses are so sky high. We would have to support him through whatever benefits we get here, and also we would have to arrange and put him up in a hostel back in India. As its traditional in India, people stay in a joint family and my sister and her family stays with my mother, even though my sister and her husband works, they too have to support their three grown up children. And especially now, her husband has suffered a stroke and is suffering from Alzheimer and its affecting both of them finacially too and in no way would they be able to help my son with the problems they are having.
I wish to retain my here here where i can provide a roof over his head and food to eat but as its said before, emotions have to be kept aside but whatever he's going to go back to in India is unpredictable. I really wish I could just make him stay now here. Is there any way I can apply for him to stay here with us?? Please help.

Hi!

My suggestion is, send him back home to prevent any problems with immigration in the future, in the meantime, he maybe lucky to find someone with whom he may well be in love with her and vice versa, he could invite her back with him, and who knows what the end result maybe???? You must bear in mind that he is an adult regardless..... so there is little you can do, just do not spoil his chances for the future, he maybe unhappy to go back now, but he will be glad he did, later. Good luck

PS: Remember, HO rules are changing drastically

Loveislovely

[vinny]

Even if you were a Gurkha veteran, it's difficult for an adult son to remain.

[Sam_1611]

Thank you all for your comments, i guess u're right, I should not fight the impossibility.