Please note that the above questions and answers have been prepared from the emails, telephone calls and actual cases that we have dealt and have therefore not provided any names and addresses in order to keep cleint confidentiality.

Question:
I want to invite my mother who is a widow of 63 years of age to join me as my dependant in the UK. I am here on HSMP visa and am completing my five year stay in the UK (on HSMP) soon. What is the procedure for that?

Answer:
Please note that as you are not settled in the UK, you cannot  yet invite your mother to the UK as your elderly dependant . This Immigration Rule is only for those who are settled in the UK and have parents who are mainly or wholly financially dependant on them. We would advise you to complete your five years in the UK and apply for your ILR before inviting your mother to come to the UK as your dependant.  If the parent is under 65 years of age exceptional compassionate factors have to be shown which is very difficult.  We strongly advise you to take professional advice before making the application.   Please note that the government has talked about removing this immigration category so you should apply as soon as possible.

Question:
I am on a Tier 1 (General) visa and living in the UK for the last 2 years. I am divorced from my husband and have got two children under the age of 18 years residing with my ex-husband. I would like my children to join me in the UK. What is the procedure?

Answer:
Apart from the standard requisites of a visa application, you need to establish that you have ‘sole responsibility’ for the upbringing of your children.  In view of the information you have provided,  that you have resided in the UK for two years, divorced your husband and that your children are residing with their father, it is clear that you do not have sole responsibility for the upbringing of your children.  Your children however could come to the UK in other immigration categories such as a visit or student visa.

Question:
I am a British Citizen and would like to invite my fiancée to come to the UK to meet my family but we have not yet planned to get married. What is the procedure?
 
Answer:
As you do not yet have definite plans to  marry, your fiancée should not make a fiancée  visa application at this stage. She should apply for a visit visa from the British Embassy in her country. Please note that she cannot switch to a fiancée visa whilst  in the UK and she would have to return to her home country to apply. You would need to show good reasons why she wants to come to the UK, and that she has commitments to return to in her home country after the visit to the UK.

Question:
I came on a spouse visa and entered the UK in November 2009. I lived together with my husband in the UK since that time. Unfortunately my husband was diagnosed with cancer in December 2010 and he died in April 2011. I do not wish to go back to my country.  Is there any application that I can make to stay here in the UK?

Answer:
Yes. You can apply for ILR in the UK under the bereaved spouses provision of the Immigration Rules. It does not matter whether you have completed your 2 years on the spouse visa or not and you also do not need to do the Life in the UK test to apply for settlement.  Once you have ILR, you can apply for naturalization after a total of five years residence in the UK provided you fulfil the other requisites for naturalization as well.

Question:
I am from Belarus and am in a relationship with my partner who is a British Citizen. We have been living together for more than 6 years in a ‘relationship akin to marriage’. My partner does not wish to return to the UK. Can I make an unmarried partner application?

Answer:
If your partner is not willing to relocate to the UK, then it is not possible for you to make an application as an unmarried partner of a British Citizen. However, if he agrees to move to the UK, you can then apply for an application for indefinite leave to enter the UK without going through the probationary two-year unmarried partner visa.  You would need to pass the Life in the UK test to make such an application and also to provide a large number of documents confirming your relationship covering the last 4 years. Please note that this is not a straightforward application and you should seek professional advice.

Question:
I am a Work permit holder. My son, who is dependant on me, is 16 years old. Is it possible for him to get a Work Permit from the employer?  Is it necessary and possible for him to get National Insurance Number and bank account?  Our visas expire in January 2012, and he will be 18 in December, 2011. Could he stay here as my dependant after this date when I have to extend my visa, or does he needs to switch to a separate visa in another category, i.e. student, etc?

Answer:
As he is your dependant, he does not require any Work Permit to work in the UK. He is free to take any employment. He can apply for a National Insurance number as well as for his bank account. There are no restrictions on him.  Once he turns 18 years of age, he would not continue to be considered as your dependant unless he still forms part of your household and relies on you for maintenance and accommodation. You would therefore need to provide evidence confirming he is still relying on you for his maintenance and accommodation.  As long as he is continuing to be treated as your dependant, both he and you will get ILR together, once the requisite qualifying period has been served.

Question:
I am an international student and  have recently undertaken a Muslim marriage in the UK with my fiancée who is a British Citizen. Is it possible for me to obtain a visa from here?

Answer:
Please note that apart from a church marriage, no other religious ceremony is yet considered to constitute a valid marriage in the UK.  You no longer need permission from the UK Border Agency to get married and you can give notice to a marriage registrar to get married in the UK. The Muslim marriage is therefore not a legally valid marriage in the UK and you cannot make any application on that basis. You would have to wait until you have conducted a civil marriage ceremony and then apply to the UK Border Agency for further leave to remain as the spouse of a British citizen.

Question:
I am on a Work Permit but living with my partner (a British Citizen) for more than four years. Can I apply for ILR on the basis of having lived with him?

Answer:
Please note that you cannot apply for ILR straight away.  You have to obtain two years’ probationary leave to remain as an unmarried partner first and on completion of that two years you can then apply for ILR.  If you marry whilst on the 2 year unmarried partner probationary period, you should notify the UK Border Agency to ensure that you will still be able to apply for indefinite leave to remain at the end of the 2 year probationary period.