bak 2 uk due 2 illness, can i claim and how 2 get hubby visa

[tareq29]

Hi,

My mom british by blood has been diagnosed with a type of cancer that is thankfully not terminal. She lives in Abu Dhabi with my father and together they have been there for nearly 30 years. She wants to relocate back to the uk. She has a 9 yr old girl and a 15 and a half year old boy who would move with her. She has no savings. My father holds a syrian passport. He has lost all his funds in syria and wants to relocate with her. He is a business owner in Abu Dhabi, however has lost his business in recession what would she be entitled to claim upon return, and how could my father relocate with her without effecting her support entitlement, and what type of visa would i apply for, for my father? Bear in mind I am able to open a small shop selling fruit and veg where I can put my dad as a part time employee.

Kindest regards,

Tareq

[Wanderer]

I think the way forward is this....

1. Your British Mother relocates to UK, gets a job earning around £25,000 pa with six months proof

2. Applies for FLR for husband and kids.

She can't sponsor anyone on benefits unless disabled and in receipt of DLA etc...

Also you cannot realistically sponsor your father yourself, the conditions are too onerous not to say expensive, £1900 to apply and almost certainly be rejected...

[tareq29]

Unfortunately she is unable to work due to her health condition in addition to being a lone parent if she relocates first.

[Wanderer]

Unfortunately she is unable to work due to her health condition in addition to being a lone parent if she relocates first.

How long has she been out of the UK, is she British by Birth or Decent, and is she incapacitated?

[tareq29]

she is british by blood, and born in scotland. She has colon cancer, so treatment even post surgery will be several months of chemo at least. So I wouldnt say incapacitated as in unable to move, but she definitaly won't be able to work at the very least 9-12 months after which hopefully she is better. She has been in the UAE for 30 years with my father who is a vet and had his business for 40 years over there.

[Wanderer]

she is british by blood, and born in scotland. She has colon cancer, so treatment even post surgery will be several months of chemo at least. So I wouldnt say incapacitated as in unable to move, but she definitaly won't be able to work at the very least 9-12 months after which hopefully she is better. She has been in the UAE for 30 years with my father who is a vet and had his business for 40 years over there.

This is the UK, ATOS will say if you can walk and breathe, you can work otherwise no benefits.

UK is no easy ride any more, and to be honest, why should she get benefits after 30 years of not contributing, sorry but's thats the way it is, it's a non-starter...

[Amber]

Those receiving chemotherapy (IV) have special rules for ESA entitlement. Although, unlikely to be able to claim contribution based ESA as no NI record, in last 2 years. She would need to claim PIP (assuming she's under 65) to become subject to the exceptions for spouse leave. However, PIP (personal independence payment) has a residency and presence test that, at first instance, she would fail, there may be exceptions if she becomes terminally ill. Don't know why wanderer is saying you need to earn £25000 pa? If the children are British, the requirement is not increased above £18600. Also, do you have savings?

Could the Father claim asylum due to being Syrian?

[Wanderer]

Don't know why wanderer is saying you need to earn £25000 pa? If the children are British, the requirement is not increased above £18600.

Could the Father claim asylum due to being Syrian?

I missed the fact the children are British.

If the father is to claim asylum he should claim it in Abu Dhabi not UK surely?

[Amber]

Not if he arrives in the UK seeking asylum.

The UKVI would expect a person to declare their claim at the Port of entry and would be given a screening interview. Although, it is likely they would say that the 'safe' or third country was responsible. However, this is usually if that's been through another EU Country, which, Abu Dhabi is not.

Moreover, if you've been working and earning the financial requirement and have a job offer for within 3 months, that should suffice for spouse leave to enter.

See also, Annex FM 1.7.

[tareq29]

I appreciate all the responses and efforts to help me come up with a solution.

There are several factors to bear in mind.

1-In Abu Dhabi the only way to maintain a residence is to be either employed or self employed. My father's business is not doing so well at the moment and he may have to shut it down. In that case his self employment (or investor) visa will be cancelled. Chances of finding a job for a 56 year old man in Abu Dhabi are slim to none. The UAE does not offer asylum. They would ask that you leave. Furthermore there is alot more restrictions in visas for syrian nationals. So if my father did close his business he would have to relocate to syria and that is not an option, would that not be good enough grounds to justify his relocation with my mother?

2- I spoke to a lawyer who said that if she is entitled to personal independence payment and she does receive local housing allowance, the amount she would have to show to support a couple after deductions was around 115 pounds a week. So the question here is, if after deductions the figure was around 70 pounds a week, could that shortage be compensated in my father's savings calculated over a 2 and a half year period. Furthermore if she is entitled to 500 pounds a month housing allowance, and my dad paid 250 pounds on top so as to show he is not benefiting from public funds. Would that be ok?

Kind regards,

[Amber]

Unless she has a terminal illness, with less than 6 months to live, PIP is subject to a 2/3 year period you must be in the UK before it can be claimed. I bet your solicitor didn't tell you that.

[Brigid from Ireland]

I assume mum has a UK passport. She can apply for an Irish visa for her husband and they can both go to Ireland as a fast, free easy option. She needs to send her UK passport (as proof she is an EU citizen), his passport to show he is non EU and needs a visa and an original marriage cert and ask for an Irish visa for her husband, stating that she wishes to look for work in Ireland and her husband to travel with her. (I assume the children have UK passports, if not they should apply for these immediately). Her husband will get an Irish visa free and within 21 days. He is permitted to stay for three months initally. She needs to get a part time job or become self employed in Ireland and then with her payslips or registration as self employed in Ireland he gets a further six month visa, then at the end of the six months he gets a 5 year visa, if she is still working.
Note that having cancer does not stop her from working, it simply limits the amount of work she can do, but she is going to have to work if she comes to Ireland. Part time work is fine.
Note that if she gets a payslip then she can access the Irish health system very easily and basically almost for free, on the basis of being an insured worker with a payslip as proof of being a worker.
Note also that if she has a payslip she can apply for various supports from Irish social welfare. I will give more details if you are interested in this option. Child benefit, FIS, Disabilty Allowance, medical card, carers allowance...
Note also that her support entitlement in Ireland would be increased by reference to having her husband with her, as if her claim was successful he would be counted as her dependent, so she would get full support for him.
Note also that if they choose Ireland they need to keep records of closing bank accounts/terminating property lease/sale of property in current home, as proof that they intend to remain in Ireland on a permanent basis, if they need welfare support, as welfare will ask for proof of these things.
Note also that if she has a parent who was born in Ireland (a lot of people born in Scotland have a parent who was born in Ireland) then her children (not her, very important that she does not look for Irish citizenship, just the kids) can get Irish citizenship and this is useful to their dad if he lives in Ireland, as it is very difficult to deport the parent of an Irish citizen child.
Note also that if the kids are Irish or Uk citizens university education in Ireland is very good and free if parents are low income.

[Amber]

Most work, if not all, would be out during chemotherapy treatment.

[Brigid from Ireland]

If the older son is able to open a fruit and veg shop in Ireland he can do so with his mum and dad as partners in the business. She can 'keep the accounts' and dad can help in the shop. Mum must work, if they choose Ireland, but no one will be checking to see how much work she does if her son is the employer or if she is self employed and her husband is helping in her business.
The critical thing with this would be to split the profits between each family member, so that mum can claim additional money as a top up, due to her income being low. Given that she has a husband and two kids, the top up would be significant, but habitual residence would be the big issue, though I think she could pass this if she had good advice.
Second son is also old enough that he might get a part time job, and this would help the family income.
If the critical issue is a visa for dad, Ireland is a good option, as the visa would be fast and free. The work issue can be sorted out after he gets to Europe.
The other critical thing is that if she has not started the cancer treatment she should consider waiting and starting treatment after she gets to Europe. She is an EU citizen and can literally get on a plane tomorrow and be in treatment in UK or Ireland within a short time. If she chooses Ireland she needs to get one payslip before beginning treatment, so as to be sure it will be free. So she may want to travel soon, apply to agencies for part time work, then get treatment as soon as possible and let husband follow after her when his Irish or Uk visa comes through.