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Advice Needed - Mental Health Skilled Worker

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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mfunk007
Newly Registered
Posts: 1
Joined: Tue Jul 09, 2024 12:18 am
United Kingdom

Advice Needed - Mental Health Skilled Worker

Post by mfunk007 » Tue Jul 09, 2024 12:53 am

Hi. To lay some background I must first explain my current situation. I am currently in a Skilled Worker Visa (came into the country as a Student and then shifted to Skilled Worker).
My Sister (In her early Twenties - unmarried) is also on a Skilled Worker Visa and lives with me in a rented house in England. My mom had also recently managed to shift her job to the UK and within the last year all of my close family has moved here. My sister moved to the Uk early 2024 while my mom and dad followed a few months later.
My sister had already been diagnosed with Schizophrenia/similar mental condition while in our home country. However this was back in 2018-2019 and she had fantastically recovered to the point where she completed her degree in 2023 (although took 6 years- but passed with Distinction) and no one who didn’t know her could guess that she ever had such an issue. She is very intelligent and managed to secure a job with my reference and was very motivated to per-sue a career in the UK and start a new life. I was also confident that she will find much more support here in the UK. Back in our home country she used to live with my parents who highly supported her financially and provided for her every need.
Since coming to the UK, over these 6 months - her condition has detoriated severely. First she did not find the Job to her liking - second the new atmosphere and rules really pushed her anxiety. Third her meds have to be imported from back home because there’s a three month wait here in the UK to get a psychologist appointment. The change of dosage after the appointment did not help and further worsened her health.
I have had to now move my mom and dad with me so they can help support her because I am on a full time role and so is my mom. She is now having suicidal thought even though she she’s the GP almost every week. She has taken sick leave from work this month but before that even the GPs said she was fit to work and should go to work to keep busy.
Other points are that she has new issues after starting her job where are hands and feet muscles keep cramping due to side effects of the medications, she is unable to sleep properly and since I can no longer rely on her for rent, I am facing quite a bit of financial stress having to deal with the whole rent and keeping things afloat with my current salary. There are quite a few more points but I believe I already have explained the basic issues.

I desperately require advice regarding the following:
Having laid the basis above - would I be able to transfer my sisters Skilled Worker Visa to my Moms Dependent Child visa even though she is over 18 based on outside the immigration rules?
If she does not go to work, her employer could at best move her to a 1 month unpaid leave but they could move to cancelling her CoS? What options would I have then since there is no immediate family back home now to take care of her.
How would all this affect her extension in 3 years time? And her IlR after 5 years?

I would highly appreciate your guidance on how to move forward in this situation.

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Frontier Mole
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Posts: 4437
Joined: Tue May 06, 2008 12:03 am
European Union

Re: Advice Needed - Mental Health Skilled Worker

Post by Frontier Mole » Sun Jul 14, 2024 8:43 pm

Your sisters position is unfortunately very precarious. If she loses her job and therefore her sponsorship then she will either have to find another sponsor or consider returning home.

There is no possibility that she can become a dependent on your mothers visa, being over 18 and has clearly demonstrated she is not dependent on her presents by coming to the UK and undertaking her sponsored role.

The fact that your family is in the UK that is of no real consequence as you are all free to return to your home country if you wish to support her if she has to return home. There is no compulsion for any family member to stay in the UK, you have chosen to come to the UK to work and are equally free to return home.

There is no barrier to return in regards the medical treatment, she has already been treated in her home country and there is no reason not to return because treatment is not available.

The slimmest of hopes might be an outside the rules application based on exceptional and companionate grounds. This is a really difficult path and I would recommend you talk to a legal professional if you are looking at that possibility.

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