Options for Adult Dependent Son

[FromUS]

I am so happy to have found this forum. After extensively searching for a possible similar case I was unable to find anything.

I am married to a British Citizen otherwise than by decent. We have been married since 1998 and live in the US. We have a 12 year old son together and I have a 21 year old son from a previous relationship. His biological father has never had any contact with him and has never been a part of his life. My husbands father and mother are in the UK. Both have been diagnosed with cancer and my husband is desperate to get back to the UK to be with them for whatever time they have left and to help them now that they are ailing.

I am originally from Cuba and an only child. My mother passed several years ago and and have no other family in the US except my husband and two children. Our family, my husbands parents, siblings, cousins, etc all live in England. The only reason we didn't move there sooner is because my own mother, when she was live, was very sick and there was no way she'd be able to get the treatments she needed in the UK. Now that she's gone, my husband has an opportunity to work for the UK division of the company he currently works for in the US so we can now be there for his parents. He will be a high earner and therefore more than comfortably meets the income requirements to bring me as his spouse, and would certainly still be able to cover my son. Our younger son should be able to get a British passport based on everything I've read on the UKBA website so I don't think he will be an issue at all.

At the moment, the only way I can see getting my oldest son to the UK is to have him apply for a student visa. By doing this we are basically buying our time to see if the immigration laws ever change again or so that he can then apply for his masters and then hopefully find a job in his study major, music.

Still, I keep searching for answers and other options. It's so hard to accept that although we meet all the other criteria, my eldest is the only thing that would prevent us from going to the UK. My son is 100% dependent on us as he is in school and accruing debt with student loans. We couldn't leave him behind and certainly don't want to. Any suggestions? What options do we have besides the student visa route?

[anniecc]

You are right that there are limited options available to your son. As he is over 18 he will need to qualify for entry to the UK in his own right. What stage is he at in his studies? I agree a student visa sounds like the most practical option, although you could also look at some of the temporary immigration categories under Tier 5 e.g. creative worker, charity workers.

[FromUS]

You are right that there are limited options available to your son. As he is over 18 he will need to qualify for entry to the UK in his own right. What stage is he at in his studies? I agree a student visa sounds like the most practical option, although you could also look at some of the temporary immigration categories under Tier 5 e.g. creative worker, charity workers.

He has only just completed one year of university and would have to take the foundation course in England before moving on to any degree program - BA, BS, etc. Honestly, just concerned that he will at some point fall under the required grade point average and then be sent back to the US.

I also wish they wouldn't lump all the adult dependents under one category. Doesn't seem reasonable to me but obviously I can't change the rules. I find it frustrating that I see more people wanting to bring their elderly parents rather than just offspring over 18. This category should be called Disabled Dependents and they should have a different category for non-disabled dependents and Dependent Children over 18. I realize after 18 you are not considered a child but they don't stop being your kids! And in this economic climate, finding a good paying job without a college/university education is almost impossible.

[anniecc]

The UK doesn’t allow immigration for the purposes of maintaining family ties. There is some discretion to allow dependent children over the age of 18 in compassionate circumstances (e.g. the child has a serious illness or disability), but financial dependence, or a desire to continue living together as a family, is not enough.

[FromUS]

Not sure if your reply is sarcasm towards the absurdity of the UK not allowing immigration for the purposes of maintaining family ties or if you're trying to imply you wouldn't welcome us either. My husband was born a Brit, his parents are Brits, their parents are Brits. In fact his British heritage goes back over 100 years. I guess he made a terrible mistake falling in love with a non British woman and then again made the ghastly mistake of having children in the US! In fact, perhaps they should take away his British Citizenship for "breaking the chain".

I thought this was a place for support not for making "foreigners" more unwelcome than we already are?

[MPH80]

I don't read, and nor should you, Annie's post as anything more than a statement of fact of the current immigration policy of the UK.

[anniecc]

Not sure if your reply is sarcasm towards the absurdity of the UK not allowing immigration for the purposes of maintaining family ties or if you're trying to imply you wouldn't welcome us either. My husband was born a Brit, his parents are Brits, their parents are Brits. In fact his British heritage goes back over 100 years. I guess he made a terrible mistake falling in love with a non British woman and then again made the ghastly mistake of having children in the US! In fact, perhaps they should take away his British Citizenship for "breaking the chain".

I thought this was a place for support not for making "foreigners" more unwelcome than we already are?

My post was not intended to be sarcastic in any way, and certainly not to make any judgment about you and your family. Just trying to help you understand the rules as they currently stand.

[FromUS]

I am 100% clear on the rules - I think we all are. It's my desperate attempt to get some kind of support and acknowledgement on the absurdity of those rules. I'm reaching - reaching for perhaps something I've missed, a new idea, a loophole.

Bottom line is that the whole thing is just killing me as I sit thousands of miles away and watch my in-laws deteriorate and my husband stress over having to choose between here and there. This will mean separation for us and that in itself is devastating. Absolutely devastating.

[anniecc]

Well if you are 100% clear on the rules, then clearly you don't need any further advice. All the best.

[FromUS]

Being passive aggressive is worse than just being aggressive. I pity you.

[vijar]

I think Student visa is the only way in this situation. If he can find a job after uni and get a Tier 2 visa he can continue staying. This would lead him to ILR in the long run in 5 years.

[FromUS]

I think Student visa is the only way in this situation. If he can find a job after uni and get a Tier 2 visa he can continue staying. This would lead him to ILR in the long run in 5 years.

Thanks for your input vijar. I think you are right. This is probably the best route.