mentally disabled adult dependent

[famous]

Hi everyone,
I have recently obtained tier 1 visa for leave to enter. I applied for my spouse and she also got the visa. now i want to apply for my adult son who is mentally disabled by birth. i want to know which form shud i use. family visa form or dependent of tier 1 form?

also what how do i prove that he cannot live alone as both parents and all siblings are going to be abroad? what kind of evidence shud i supply?

what are the chances that somebody who had leave to enter applies for adult dependent? what case law or article 8 can we use to prove compassioante gorunds or exceptional case?

laslty, since we didnt apply for him along with my application, does that have any bearing on the case? do they find this objectionable?

your kind assistance will be appreciated.

[Lucapooka]

Not possible, and arguably you might both have considered his predicament and necessities before you chose to migrant to the UK. Stay put and tend to his needs is what you will hear, and perhaps that is sound advice if there is really no-one else to do that.

[Amber]

What Country are you native? How old is your son?

You may have to consider waiting until you're British and then use Singh to bring your son here.

[Wanderer]

Hi everyone,
I have recently obtained tier 1 visa for leave to enter. I applied for my spouse and she also got the visa. now i want to apply for my adult son who is mentally disabled by birth. i want to know which form shud i use. family visa form or dependent of tier 1 form?

also what how do i prove that he cannot live alone as both parents and all siblings are going to be abroad? what kind of evidence shud i supply?

what are the chances that somebody who had leave to enter applies for adult dependent? what case law or article 8 can we use to prove compassioante gorunds or exceptional case?

laslty, since we didnt apply for him along with my application, does that have any bearing on the case? do they find this objectionable?

your kind assistance will be appreciated.

Have you considered moving back to your home country to look after your abandoned son?

[famous]

guys i feel contempt in your replies. i dont plan to abandon my son. i intend to take him with me as dependent. why am i being judged on my intentions? isnt this forum about giving technical advice rather than judging intentions?
im surprised why u dont give the same reply to ppl who want to bring in their old parents. havent they also left behind their parents in old age and deserted them fully knowing that in time they wud need their grown up children to take care of them? why is adult dependent route in place if the answer is going to be ....go back and take care of ur adult dependents?
im not abandoning anyone, rather im making effort to take him along with for which i need advice.
luca..... u said its not possible. is this based on ukba policy or regulations? u mean there is no room for consideration on part of ukba caseworker?

[Lucapooka]

Just because you wish to do something does not mean that UK law permits that, so that fact that you have gone so far as to apply and be granted visas without making even basic enquiries into the possibility of taking your son make your appear to the anonymous stranger on an internet forum as someone who is either callous or stupid . The responses to your question, to date, are expressions of astonishment rather than contempt!

[PaperPusher]

guys i feel contempt in your replies. i dont plan to abandon my son. i intend to take him with me as dependent. why am i being judged on my intentions? isnt this forum about giving technical advice rather than judging intentions?
im surprised why u dont give the same reply to ppl who want to bring in their old parents. havent they also left behind their parents in old age and deserted them fully knowing that in time they wud need their grown up children to take care of them? why is adult dependent route in place if the answer is going to be ....go back and take care of ur adult dependents?
im not abandoning anyone, rather im making effort to take him along with for which i need advice.
luca..... u said its not possible. is this based on ukba policy or regulations? u mean there is no room for consideration on part of ukba caseworker?

Absolutely none. This is even more so when the person is not even settled in the UK or British, but planning to move to the UK on an economic route. The UK just doesn't allow this sort of chain migration. There may be more chance when/if you get ILR, and if/when you naturalise as a British citizen. That is many years away however.

[Amber]

I empathise entirely with you famous, as a carer I know how difficult things may be and you want a better life perhaps. However, you'll find it difficult to do anything until you're British I imagine, unless there is a change in our domestic law.

[MPH80]

I have a lot of sympathy with your viewpoint here (in terms of contempt) - but equally - I'm inclined to agree with Luca - you've gone through the process of getting ready to move yourselves and are NOW wondering about your son? That really is astonishing. When my wife moved here on a spouse visa, we carefully checked the adult dependant route so we understood the situation if her mother fell ill for example (not that she has or is intending to!)- and we did that BEFORE we applied and BEFORE we made our choice where to live.

The argument about parents do not hold water in my opinion. there's a distinct difference between leaving parents who may be in the prime of life to discover a stroke or other illness disables them after departure and the route you are following.

The fact the route exists at all is not really indicative of the UK governments intentions - more indicative of the fact there'd have to be SOME route or they'd fall foul of article 8.

If the government could - they'd close these routes down - which is what they've effectively done by introducing the catch 22 of the adult dependant route. Have to prove that no one can look after the AD affordably in the home country - but yet can be looked after in the UK without recourse to public funds. If you can't do the former - it's hard to see why you can do the latter.

Officially the route is open, but there is almost no way in.

M.

[anniecc]

I am aware of a case from 2011 where UKBA granted leave outside the rules to an over-age child dependent (of a Tier 2 migrant). UKBA accepted that the individual was still a child (on the grounds of disability), even though she was aged over 18. The supporting evidence requested was letters from medical professionals and from the special school the child was attending.

How old is your son and what are his current living arrangements? Why didn't you apply for his visa at the same time as applying for yourself and your wife?

[PaperPusher]

I am aware of a case from 2011 where UKBA granted leave outside the rules to an over-age child dependent (of a Tier 2 migrant). UKBA accepted that the individual was still a child (on the grounds of disability), even though she was aged over 18. The supporting evidence requested was letters from medical professionals and from the special school the child was attending.

How old is your son and what are his current living arrangements? Why didn't you apply for his visa at the same time as applying for yourself and your wife?

Was this an application made in the UK by people already having leave in the UK, or for entry clearance by a family?

It is one thing to keep a family together when they already live in the UK, and a different thing to give entry clearance to someone who doesn't meet the rules.

[anniecc]

Was this an application made in the UK by people already having leave in the UK, or for entry clearance by a family?

It is one thing to keep a family together when they already live in the UK, and a different thing to give entry clearance to someone who doesn't meet the rules.

It was an application for entry clearance for a family, all applying at the same time. There were a number of circumstances that may have led UKBA to look on the application favourably - the primary applicant was from the USA and working in a PhD-level job, sponsored by a very reputable employer, and the child in question was 19 (so just over the normal cut off age for being considered as a child dependent).

I would say that the OP has little chance unless there are similarly exceptional circumstances, but it is not impossible.

[famous]

anniecc, thank you for your input. what entails exceptional circumstances? as i briefed earlier that we are going on a tier 1 visa and cant leave our kid behind.

How does one satisfy ukba that there is no one else to take care of the dependent? how does one answer to their argument that there could be nursing homes, boarding schools or extended family relatives to take care of the dependent?

Would be grateful for advice.

[MPH80]

How does one satisfy ukba that there is no one else to take care of the dependent? how does one answer to their argument that there could be nursing homes, boarding schools or extended family relatives to take care of the dependent?

You basically can't.

But that's a bit removed from the point - the Adult Dependant Relative rules require you to be present and settled - which in reality means you have ILR - not be arriving on a tier 1.

So the arguments about that route are a bit moot for this point in time.

As such - you are completely reliant on discretion on behalf of UKBA to grant entry clearance for your son - and for you to have ALREADY made the tier 1 application without including him and are NOW looking to include him will not reflect well.

M.

[Lucapooka]

And furthermore, the above case is the hearsay comment of someone who has been anything other than precise with the specifics. Nevertheless, if true it would, indeed, be exceptional and based perhaps on the merits and the need of the individual migrant and sponsor. As a T2 migrant with a unique skill set, his strategic value to his employer and the community at large may have weighed heavily on any decision to permit entry clearance of his adult dependants with special needs.

In your case you are in a completely different immigration category. You are independently wealthy and are choosing to go to the UK for your own opportunistic reasons, rather than it being a matter of the UK needing your particular skill set that is otherwise in short supply; you could even be going to the UK to run a fish and chip shop but not that there is anything wrong with that. In other words, you are not engaged in something of paramount importance to anyone other than yourself and so I don't see how exceptional circumstances could be cited.