I WANT TO JOIN MY FAM­ILY IN THE UK

Jamaica Gleaner - - IMMIGRATION CORNER -

Dear Mr Bassie, I am get­ting up in age and my daugh­ter would like me to live with her in Eng­land. Is it pos­si­ble for me to travel there with this in mind? I am lonely and I would rather be with her and the grand­chil­dren than to be out here by my­self. – G.C.

Dear G.C.,

Per­sons like your­self will need to ap­ply for a ‘fam­ily of a set­tled per­son’ visa if they are from out­side the European Eco­nomic Area (EEA) or Switzer­land, and if they want to join, for six months or more, a part­ner or fam­ily mem­ber who is liv­ing in the United King­dom per­ma­nently.

It should be noted that per­sons do not need a ‘fam­ily of a set­tled per­son’ visa to visit their fam­ily for up to six months, but per­sons should check if they need a fam­ily vis­i­tor visa.

If per­sons’ fam­ily mem­bers are Bri­tish ci­ti­zens; have set­tled in the United King­dom; have asy­lum or hu­man­i­tar­ian pro­tec­tion in the United King­dom and if they meet the el­i­gi­bil­ity re­quire­ments, then these per­sons can ap­ply to go there to be looked af­ter by their fam­ily.There are ex­cep­tions to this rule and per­sons may need to ap­ply in a dif­fer­ent way if their part­ner is from the EEA; or the ap­pli­cant is in­side the United King­dom; or per­sons want to re­unite with a part­ner or par­ent who has asy­lum or hu­man­i­tar­ian pro­tec­tion over there.

Gen­er­ally speak­ing, per­sons should get a de­ci­sion on their visa within 12 weeks, but this de­pends on the coun­try from where the ap­pli­ca­tion is made. The fees are £ 2,676 for an adult who needs to be looked af­ter by a rel­a­tive. Per­sons may also have to pay the health-care sur­charge as part of their ap­pli­ca­tion.

Per­sons can use their ‘fam­ily of a set­tled per­son’ visa to work. Per­sons can­not work if they pos­sess a visa to get mar­ried or to be­come civil part­ners, or to study. Also, per­sons will not be able to get pub­lic funds for them­selves. How­ever, per­sons may be able to ex­tend their visas or set­tle in the United King­dom per­ma­nently.

Just for com­plete­ness, it should be stated that per­sons may be el­i­gi­ble to ap­ply for a ‘fam­ily re­union’ visa to stay with a par­ent who has asy­lum or hu­man­i­tar­ian pro­tec­tion in the United King­dom.

EL­I­GI­BIL­ITY

With re­spect to el­i­gi­bil­ity, in or­der to ap­ply for a ‘fam­ily of a set­tled per­son’ visa, per­sons must be from out­side the EEA or Switzer­land.

The fam­ily mem­ber must have one of the fol­low­ing: Bri­tish cit­i­zen­ship; set­tle­ment in the United King­dom; or asy­lum or hu­man­i­tar­ian pro­tec­tion in the United King­dom. The ap­pli­cant must also prove that: he/she is 18 years or over; the per­son in­tends to live with the fam­ily mem­ber or part­ner in the United King­dom af­ter be­ing granted the visa; the per­son and their fam­ily will have an ad­e­quate place to live in the United King­dom; and the per­son may not nec­es­sar­ily have a good knowl­edge of English if ap­ply­ing as an adult de­pen­dent rel­a­tive.

Please note, a per­son’s ap­pli­ca­tion might be re­fused if, for ex­am­ple, he/she has a crim­i­nal record in the United King­dom or in another coun­try; and/or pro­vided false or in­com­plete in­for­ma­tion to the Home Of­fice.

In the case where a per­son is go­ing to the United King­dom to be cared for as an adult de­pen­dent, that per­son must be de­pen­dent on a par­ent, grand­child, brother, sis­ter, son or daugh­ter who is al­ready liv­ing per­ma­nently in the United King­dom.

The ap­pli­cant must prove that he/she needs long-term care to do ev­ery­day per­sonal and house­hold tasks be­cause of ill­ness, dis­abil­ity or age; the care needed is not avail­able or af­ford­able in the coun­try that he/she re­sides in; the per­son that he/she will be join­ing in the United King­dom will be able to sup­port, ac­com­mo­date and care for the ap­pli­cant with­out claim­ing pub­lic funds for at least five years; and that he/she is 18 years of age or older.

I hope this helps.

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