Can I sponsor my nephew to the UK?

Can I sponsor my nephew to the 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.)

At Gulbenkian Andonian Solicitors, we understand that you want what’s best for your family, and we want to help you achieve that. In this sense, bringing your nephew over to the UK can be an incredibly rewarding experience – if both you and he meet the right criteria.

If so, then we can help make the process a lot easier for you. Our team of solicitors will guide you through every step of the way, ensuring a smooth and stress-free experience.

Read this article to find out more about the process and what options you may have. Contact us directly for further info or to speak with one of our immigration lawyers London.

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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.

After Brexit?

Whilst the non-EU/ EEA dependents of the EU/ EEA uncles or aunts had advantages over those whose sponsoring relatives are not from the EU / EEA, after Brexit they are now 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.

How can Gulbenkian Andonian Help?

We can help you explore the option of bringing your nephew or niece to the United Kingdom.  Our team of highly experienced UK immigration lawyers in London are here to help answer any questions and provide legal guidance throughout the process. From visa applications, interview preparation and appeals, our solicitors are here to guide and advise you and your family. 

These will be difficult but certainly possible applications that can only be made after specialist and expert legal advice.

Ask our Expert Legal Team

At Gulbenkian Andonian, we pride ourselves on “Excellence, Experience and Efficiency”. With over 35 years of experience on your side, our team of London based lawyers and solicitors have a wealth of experience advising individuals, families and businesses of all sizes to find clarity on UK law.

Call us on +44 (0) 207 269 9590 or fill out the form below. We usually reply within a few hours.

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