Can I sponsor my nephew to the UK?
Can I sponsor my nephew to UK? Well, family members who are settled in the UK (i.e. have permanent residence here or if EU /EEA nationals have settled or pre-settled status here), can in certain circumstances sponsor their nephews or nieces to the UK as dependent family members. A nephew or niece is the child of someone’s brother or sister.
Consider the following scenarios.
If the family member coming to the UK is from outside the EU/ EEA, and the UK settled or British uncle or aunt live in the UK, and their nephew or niece wish to come here for a holiday, then they can be sponsored for that purpose. A letter of invitation is required plus full details as to the accommodation that will be provided and the financial commitment of the sponsoring relative together with evidence of the relationship claimed through various birth and marriage certificates. To be confident that the entry clearance officer deciding the application will have less reason to query the relationship, it would be advisable to have a DNA report from a reputable laboratory confirming the relationship.
The entry clearance application which is made online and can be made from the UK by the sponsoring uncle/aunt or by the nephew or niece abroad should be detailed to prevent as much as possible a refusal, because there is no right of appeal against rejection, and if the application fails, then it will need to be repeated a second time.
What happens if the nephew/niece cannot return to their country after the visit visa comes to an end?
If there are good reasons to stay on, for example, due to unforeseen illness, a family tragedy, a complete change in circumstances during the visit period, it is possible for the family member to make an application online to the home office from the UK on human rights grounds to stay further here, and a refusal by the Home Office may grant a right appeal to an independent tribunal and judge in the UK.
What if the sponsoring relative is an EU/EEA national and the nephew or niece is from outside the EU/ EEA?
For a visit visa, the situation is the same as if all parties were from outside of the EU/EEA. If however, the purpose of coming to the UK is for a permanent reason, then this is where the nationality and immigration status of the parties becomes more relevant. An EU/EEA National who is working in the UK will be able to sponsor a dependent relative, (nephew/niece) to the UK, if that relative was financially dependent on their EU/EEA sponsor abroad in their country of residence or nationality or if that dependent relative was accommodated in accommodation owned or controlled by the EU/ EEA sponsor, and the intention is that immediately upon arriving in the UK the dependent relative will be dependent on EU/ EEA uncle or aunt in the UK financially or through accommodation or both.
If the nephew/ niece wish to come to the UK as dependents of their EU/EEA uncle or aunt for on permanent visas, or are in the UK with visas as students for example, but they are living with their EU/ EEA dependent uncle/ aunt who was responsible for them financially / or by way of accommodation or for both reasons when they were in their own country, for example, a country in Asia, and they are dependent on the uncle or aunt in the UK and have been so since arrival, this would be a good reason for the nephew or niece to switch to stay here as dependents of their EU/EEA sponsor uncle or aunt in the UK once the student visa is about to expire or even well before then.
Furthermore, such dependency is at present ( see below) a good reason for non-EU/ EEA national nephews or nieces of EU/ EEA uncles or aunts, to make applications from abroad to come to the UK as dependent family members on a permanent basis.
Whilst the non-EU/ EEA dependents of the EU/ EEA uncles or aunts have advantages at present over those whose sponsoring relatives are not from the EU / EEA, after 31st December 2020, when the transitional period under the EU withdrawal agreement comes to an end, they will be in the same position as all others who have British or settled non-EU/ EEA uncles or aunts in the UK, requiring them to show good reasons of staying on in the UK for example on human rights grounds or good reason of applying to join them in the Uk once their temporary visa here expires or if they intend to capitalise on the family relationship with a view to obtaining entry clearance to join an uncle/aunt here on a permanent visa.
These will be difficult but certainly possible applications that can only be made after specialist and expert legal advice.