Fee Waiver Guidance, documents, proof etc. Help appreciated

[Astronomyphilly]

Hi guys,
I posted up in the past regarding a finance visa and the difficulties we were having at the time. Well now I've more and it's quite the complex minefield to navigate, it seems every Lawyer or official you speak with gives a different answer.

We did actually get married, unfortunately the wrong place at the wrong time and we lost a child in the Ukraine conflict with me sustaing a brain injury and broken leg to name a few. Had to leave two weeks later whilst I could and I haven't seen them since. It has been a rough 15 months. I was diagnosed with complex PTSD and a few other psychological and physical problems which makes my life difficult now.

This cost me my job, the savings I had to live off and via supporting my wife and boy over there. I was pretty much unable to function for 12 months and only recently have been put on PIP payments. I have a social worker, supper workers and psychological help but they're not really clued up on immigration issues and in all honesty, as difficult as it is, having and seeing my family again would improve mood and mental health drastically. I tried working part time

My questions are as follows, as our savings have dwindled to the point we can't afford the spouse visa fees, well certainly not the whole £6k or so we've been told to apply for a free waiver as I receive pip under the 5 year Private life and family route. I do struggle to read but I've spoken and gathered all that I can and as far as I understand all she needs to show is she cannot afford it and explain recent transactions on her statements to show they're all necessary etc. I don't know how to go about this, what documents or to say exactly and my lawyer wants near £800 just to do this. I can't. He also mentioned something about human rights and apply unde that, how do we do that?

Secondly, the English language requirements. She speaks, writes, reads and understands perfect English but the test centre in St Petersburg that is on the governments list for the IELTS test is closed due to sanctions. She can't do it and she can't travel anywhere else either. I thought there may be an exception as this is beyond her control. She has found places that offer higher level tests she can do to show look I've done something, B1 I think but they are not on the government list. Again, what to do and what to say? Has anyone else experienced difficulties with this requirement? Lawyer says don't worry she can get an exemption but how, where, when, we're totally lost on this. Yes it's a higher level test but it isn't the one they want.

Lastly putting all this together and actually applying. I didn't think I'd ever see them again till I was back at work but now I've been awarded PIP and found out that is sufficient,I need to do all I can and get this right to see my wife and son again.

I'm hoping there will be knowledge people here that are patient and kind enough to help us. I struggle to read and wriute so do best with me but I can't thank people enough in advance if you can impart your knowledge and advice.

Phillip

[manci]

If you are British and your spouse Ukrainian have you considered the Ukraine Family Scheme (zero fee, no English requirement)?
https://www.gov.uk/guidance/apply-for-a ... u-can-stay

[meself2]

If you are British and your spouse Ukrainian have you considered the Ukraine Family Scheme (zero fee, no English requirement)?
https://www.gov.uk/guidance/apply-for-a ... u-can-stay

OP mentioned their spouse is Russian.

[Astronomyphilly]

Apologies for the delay.
She lived and worked in Ukraine but she is Russian with a Russian passport.

[Astronomyphilly]

Apologies for the delay.
She lived and worked in Ukraine but she is Russian with a Russian passport.

I've spent some quite expensive time with a knowledgeable Barrister re the English language requirements. There is a provision in the rules for "exceptional circumstances" in that she cannot physically do the test by reasonable means. Arguing the test centres are closed and have had thier licence for IELTS removed, that she can't afford it or is able to travel, that travel and flying itself is extremely difficult if she could and that I can't get money to her all seem a logical and sound argument. She can complete the higher level B test although at Petersburg University for goodwill to show something and does speak English probably better than you and I.

However good that argument may be he advised as there is no specific exemption as given for Ukrainians unable to do the test, and depending on how strict they have been told to be, they could still refuse it. It is down to discretion and he noted they have been refusing Russian visas more than usual.

Thoughts? Anyone have any experience of anything similar to this or arguing exceptional circumstances for something?

Thanks always

[Astronomyphilly]

Just wanted to add for anyone wondering she managed to borrow the money and travel to Khazakstan to do the test. Seems whatever exceptional circumstance argument you put forward they would counter it by saying, well travel somewhere else to do it as others have, regardless of your means

Nevertheless, she did and next steps. Thank you all

[Astronomyphilly]

Being quite unwell, disabled and in receipt of certain disability benefits we're going to apply for her spouse visa under the adequate maintenance and qualifying benefits rule in regards to the financial requirements. I do work a little but this is by the by.

We were caught up in a drone strike, I was badly injured, our boy sadly died and my wife is still over there. After over a year in hospital were ready to do this thing and as per my other thread she has managed to travel to Khazakstan to complete the English test. The centres are closed in Russia and was going to argue exceptional circumstances etc but we managed to do it.

I have little in the way of savings, this is reserved for a house and emergency fund which I understand is allowed ( it's only circa £2k ) and neither of us can afford the visa fees. I've spent over a year in hospital, we've been saving as we can and just no chance, it would take 20 years at this rate. It's already been 19 months since I saw my wife.

Now ,I'm going to get a lawyer to do it and these saving will mostly pay for the visa application, they will also do the fee waiver for another £500. Now after doing my own research it seems sensible for us to have a crack at this ourselves first and save that.

I've read all the guidance around, how you couldn't apply outside and now you can for your first visa, the wording on destitution, etc but that ultimately all she has to show is that she cannot afford it and that if she could, it would put the child's welfare at risk.

I know how picky the Home Office can be, she's had a visa refused in the past due to numbers not adding up, yearly salary v monthly etc, so how to best go about this?

Bank statements, translated notarized and a letter or table explaining what each transaction was? Are there other things she should say include, has anyone been through this?

The onus is on her to prove she cannot pay, I get that. But knowing how pedantic and picky they are what evidence and in what form would suffice?

All help and advice very much appreciated always, you guys are great.

Phillip

[meself2]

@Astronomyphilly, you already have a topic where you have this post. Please stop creating additional topics with it - they will not stay up. Keep your posts about this situation here.

[meself2]

First of all, I don't know if this topic was posted here, but might be useful to have a read - https://freemovement.org.uk/article-8-r ... in-the-uk/
That might give you a UKVI view on your situation and that it's won't be easy.

Now ,I'm going to get a lawyer to do it and these saving will mostly pay for the visa application, they will also do the fee waiver for another £500.

I'm afraid you might be better off avoiding going with the lawyer with regards to the fee waiver, as fee waiver is not guaranteed, while lawyers fees is something you certainly have to pay.

I've read all the guidance around, how you couldn't apply outside and now you can for your first visa

This provision is relatively new and I doubt people on forum have first hand experience - it's complex to achieve, as it involves the question of possibilities for you to sustain yourself in the UK if this will be given.

[Astronomyphilly]

@Astronomyphilly, you already have a topic where you have this post. Please stop creating additional topics with it - they will not stay up. Keep your posts about this situation here.

I know, created that in error my dexterity isn't the best. Apologies. I tried to delete it.

[Astronomyphilly]

First of all, I don't know if this topic was posted here, but might be useful to have a read - https://freemovement.org.uk/article-8-r ... in-the-uk/
That might give you a UKVI view on your situation and that it's won't be easy.

Now ,I'm going to get a lawyer to do it and these saving will mostly pay for the visa application, they will also do the fee waiver for another £500.

I'm afraid you might be better off avoiding going with the lawyer with regards to the fee waiver, as fee waiver is not guaranteed, while lawyers fees is something you certainly have to pay.

I've read all the guidance around, how you couldn't apply outside and now you can for your first visa

This provision is relatively new and I doubt people on forum have first hand experience - it's complex to achieve, as it involves the question of possibilities for you to sustain yourself in the UK if this will be given.

Thank you, I've read that in my searching yes. She's my wife and fully entitled to a spouse visa like many on here. The issue is we just can't afford it and a few waiver is the only viable way right now.
As you can apply as many times as you like, before resorting to the expensive lawyer guiding us through it's a good idea to have a go at it ourselves but there's very little guidance other than "show you cannot reasonably afford the fees"

Knowing how pedantic and ridiculous the Home Office can be it's what evidence would suffice. I was hoping someone may have gone through the fee waiver process and had experience as they grant a lot of them looking at the stats. Beyond banks statements, a translated breakdown etc I can't think what more would be needed but they're the Home Office hence my question here.

Thanks