Advice needed - a bridge too far?

[Eldorado]

Hello all

I wondered if you may be able to offer me some advice, or at least point me in the right direction. I am a U.K citizen and my wife and her son are from Argentina. We currently live in Buenos Aires but would like to live permanently in the U.K. However, we have been told that this would not be possible as her son suffers from Spina Bifida and would be seen by the U.K government as a 'strain on resources'. The father has no contact with the child and has no issues with him coming to live in the U.K.

I must stress that I have not made any application as yet, but would not like to put ourselves through the stress and financial hardship of making an application that we have been told would be flatly rejected. Any help or advice you could offer would be greatly appreciated.

[batleykhan]

I dont think that your stepson having SB is a valid reason for your wife and her son to be refused leave to enter the UK if and when they apply.

Under the settlement visa regulations, they are legally entitled to free medical treatment, just like any other person present and settled in the UK. However you have to assure them that your home is going to be the UK for the foreseeable and not just to get treatment and then leave again.

Had your wife and her son been coming to the UK on a visitor visa, instead of a settlement one, then there is a good chance that they could be refused for the reasons you have stated above.

How long have you been out of the UK?. Do you have any job lined up in the UK?. What about accomadation / savings etc?. You will need all this when you apply for your wife and son visa.

Have a read of this link for further help. Good luck

http://www.ukvisas.gov.uk/en/ecg/chapter13/
http://www.ukvisas.gov.uk/en/ecg/chapter14/

[Eldorado]

Firstly, thanks for the response, much appreciated.

Am I right in saying that:

1, I would need to make the application for my wife and stepson at the same time.

2, That it would be best to do that in Argentina.

3, That the application would be for ILR and if granted they would get no access to public funds BUT would get access to healthcare. Obviously, having a disability he would need to see a doctor from time to time.

My wife and I have been married since 2004 and I understand that she would need to take the life in the U.K test. Would he as well?

Again, thanks.





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[batleykhan]

Am I right in saying that:

1, I would need to make the application for my wife and stepson at the same time.


2, That it would be best to do that in Argentina.

3, That the application would be for ILR and if granted they would get no access to public funds BUT would get access to healthcare. Obviously, having a disability he would need to see a doctor from time to time.

My wife and I have been married since 2004 and I understand that she would need to take the life in the U.K test. Would he as well?

1.Yes

2.Yes, your wife/stepson needs to make the application in Argentina. however whether you need to be there at the time of application will depend whether you have sufficient funds/job/accomdadtion present and ready in the UK. If you havent, then you need to come to the UK first ahead of your wife,and get a job, accomadation and funds in place to support them if and when they arrive in the UK. You will need to prove that you have all this sorted out , otherwise your wifes visa will be refused.

3. The initial application will be for settlement not ILR. They will have to apply for ILR once they have lived here in the UK for two years. Untill they get ILR, they would be entitled to medical treatment, but no public funds can be obtained. After succesfully obtaining ILR, they are then legally entitled to public funds. You being a UK citizen is allowed public funds in your own rights, but this could count against you when you apply for your wifes ILR.

4.Your wife will have to take the test, but there is a possibility that your stepson might be exempt because of his health condition/age etc - you need to check this out

Read this for more detailed info
http://www.ukvisas.gov.uk/en/howtoapply ... espartners