Bringing my niece to join me in the UK

[leslowe]

I want to bring my sister's 14 year old daughter to the UK to live as my sister is unwell and unable to look after her and there is no other family living in Zimbabwe.

I am a British Citizen and both myself and my Husband are in full time employment, our children have all but left home so there is plenty of room.

How do I go about achieving this?

Time is of the essence

Please help.

[Amber]

What is your sister's immigration status and where is the child's Father and his immigration status?

[leslowe]

My sister is Zimbabwean and no one knows where the child's father is. He disappeared soon after the child was was born 14 years ago. He is /was also Zimbabwean.

[Amber]

What is her immigration status? Who is she living with in Zimbabwe?

[leslowe]

My sister and her daughter live together at the moment they both have Zimbabwe passports. They have travelled to the UK many times but my sisters health prevents that now. Her daughter attends an American school in Harare, this is/was funded by my sisters employer. This funding will run out at the end of this current term in December. It is highly unlikely that my sister will work again and her daughters prospects will vanish.

[Amber]

How unwell is your Sister? Does she have a terminal illness?

[leslowe]

No not terminal but regressive.

[Amber]

So is your Sister in the UK or not?

If not, then if she is dependant on you, consider the EEA route.

[leslowe]

Ok, let me put this in a nutshell. My sister and her daughter live in and are still in Zimbabwe. My sister because of her illness can no longer work. She has funds for her daughters schooling until December 2013 then her daughter will no longer be able to attend school. My sister, because of her illness can no longer look after her daughter. I would like to bring her here to the UK (the daughter) and if possible either be her legal guardian or adopt her. I just want to know if it would be possible to at least bring her here and put her in school, the rest would come later (adoption etc)

Thanks

[leslowe]

The EEA route is not feasible as My sister cannot work anywhere so for her to move to Europe wouldn't work.

[Amber]

She wouldn't have to work, you would.

[Wanderer]

Ok, let me put this in a nutshell. My sister and her daughter live in and are still in Zimbabwe. My sister because of her illness can no longer work. She has funds for her daughters schooling until December 2013 then her daughter will no longer be able to attend school. My sister, because of her illness can no longer look after her daughter. I would like to bring her here to the UK (the daughter) and if possible either be her legal guardian or adopt her. I just want to know if it would be possible to at least bring her here and put her in school, the rest would come later (adoption etc)

Thanks

Consider moving back to Zimbabwe to support your family.

[leslowe]

Consider moving back to Zimbabwe to support your family.[/quote]
Comments like this really don't help! With 85% unemployment it isn't an option. Don't you think I would if I could! Also you don't know my situation regarding going back, how do you know if that would be possible anyway, why do you think we are in the UK anyway. If you have nothing constructive to say then please say nothing.

[Amber]

The EEA route may be the only feasible option, unless you can get a medical treatment visitor visa.

[MPH80]

The tone on these boards can be quite short and sharp at times - but you have to lay all the options out. You snapping at Wanderer does nothing to help your status with other people.

You cannot bring the child without the mother - any attempt to adopt her by you/your wife wouldn't be accepted by the UKBA. So you have to find a way to bring the mother permanently, and since the only option there would be an adult dependant visa, which would require your sister to be in such a state that she can't look after herself on a day to day basis - you can't do that.

(note - she'd have to be in that state already, and then you'd have to show how you can afford to look after her here without recourse to public funds, but not able to afford to pay for someone to care for her in SA - a very very tricky problem).

So - your two legal options are:

1) Go back
2) Follow the EEA route

M.

[quantum1]

I want to bring my sister's 14 year old daughter to the UK to live as my sister is unwell and unable to look after her and there is no other family living in Zimbabwe.

I am a British Citizen and both myself and my Husband are in full time employment, our children have all but left home so there is plenty of room.

How do I go about achieving this?

Time is of the essence

Please help.

Since the girl is a minor and if your sister agrees, You can adopt your niece. once you sort out the paper work it should be possible to bring her to the uk as your child. You will have to communicate with family law lawyers in Zimbabwe to find out the particulars but it is a possibility.

[Amber]

The Zimbabwe adoption orders would need to be recognised by the United Kingdom - see modernised guidance on adopted children.

[MPH80]

I have seen, but cannot find right now, a document on the UKBA website specifically forbidding 'gifting' of family members from one parent to another as valid adoptions.

Perhaps someone else can dig it up.

I suspect you'd have to show how the mother cannot look after the daughter day to day (and I doubt 'just' not being able to pay for schooling would be sufficient).

M.

[Amber]

Zimbabwean legal adoptionsare recognised by the UK. However, the lack of the Father's consent may be an issue. Moreover, you need to comply with the Adoptions with a Foreign Element Regulations 2005 and that may include the need for vetting etc....

Moreover as MPH80 rightly points out you cannot adopt to solely facilitate the child's entry to the United Kingdom. Thus, it has very limited feasibility.

[leslowe]

Thank you for all your replies, it is very complicated, I shall do my best to look through everything that has been mentioned. I didn't think it would be easy but never thought it would be this hard.

Wish me luck

[Wanderer]

The tone on these boards can be quite short and sharp at times - but you have to lay all the options out. You snapping at Wanderer does nothing to help your status with other people.

You cannot bring the child without the mother - any attempt to adopt her by you/your wife wouldn't be accepted by the UKBA. So you have to find a way to bring the mother permanently, and since the only option there would be an adult dependant visa, which would require your sister to be in such a state that she can't look after herself on a day to day basis - you can't do that.

(note - she'd have to be in that state already, and then you'd have to show how you can afford to look after her here without recourse to public funds, but not able to afford to pay for someone to care for her in SA - a very very tricky problem).

So - your two legal options are:

1) Go back
2) Follow the EEA route

M.

Good post.

I get stick for being short and sharp but my posturing is nothing compared to UKBA...

I prefer to not sugar coat, thats the way I am, if you have a genuine issue then fine, and Im sorry for any offence.

I've been accused of being dearly beloved here (wife is Asian) and no doubt I would want to bring her family here if they were in any peril, but we both know (me and my wife) that here is 1000's - there is 100's with regard to paying for a decent life, UK is full, it really is, thats my issue, the place is jammed! Two years ago London to Leeds on M1 was 3/4 hours, now it's 6/7 - in two years. Cannot be sustained. I hate this country, my birthplace, I'm no 'UK is best person', so i cannot be accused of xenophobia, worked abroad, still prefer UK, but so do a lot of others, and it's now at the stage for me that it's not Britain anymore, it's Pakistan, it's Somalia, it's Romania.

Rant over!

[rpm11]

Have you solved this visa question? We are in a similar situation with my wife's niece in South Africa.