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Visa requirements.

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thesnapman44
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Joined: Mon May 05, 2014 12:22 am

Visa requirements.

Post by thesnapman44 » Mon May 05, 2014 12:34 am

I currently live in America. I emigrated to America 14 years ago. I married an american lady, and we have been married for over 14 years. I am a natural born UK citizen. I wish to return to the UK and want my wife to join me. I am losing my vision due to Diabetic Retinopathy, and i wish to spend the remaining of my vision days, with my wife, daughter, and my grandchildren.
Can anyone tell me, what visa/s will my wife require when first arriving in the uk, and how do she apply for an "indefinite stay" visa?. We have the intention of making my wife a Permanent Resident of the UK.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Visa requirements.

Post by manci » Mon May 05, 2014 7:46 am

Sorry to hear about your situation.
There is a summary of the requirements here:
http://britishexpats.com/wiki/Spouse_Im ... _July_2012

thesnapman44
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Posts: 5
Joined: Mon May 05, 2014 12:22 am

Re: Visa requirements.

Post by thesnapman44 » Mon May 05, 2014 12:53 pm

Please forgive my ignorance, but referring to the answer that was submitted to my question, could you please provide an answer to the following questions:

1. As i will be unable to work, does that mean that my wife has to find work inside the UK before we travel ?
2. If my wife is my carer, does she still have to fulfill the financial requirements ?
3. As quoted by you, in the section i read, "Applications after 9th July 2012", "Financial Requirements", "There are no financial requirements for ILR.", very basically, does that mean that my wife can enter the UK under my and our circumstances ?

Again, sorry for the ignorance, and i appreciate all the effort you have to do, in order to answer the questions above.

Thank you.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Visa requirements.

Post by Wanderer » Mon May 05, 2014 1:36 pm

Tricky one. I think you will have to move to UK alone and claim DLA to be exempt from the financial requirements but I'm not sure you are entitled to benefits after being away so long.

This might apply
The residence and presence test (General rule) - You must be present and ordinarily resident in GB, and have been present for not less than 26 weeks of the last 52 weeks. This is a continuing test. It applies to any day for which you are claiming benefit.
DLA and AA
An chéad stad eile Stáisiún Uí Chonghaile....

Amber
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Re: Visa requirements.

Post by Amber » Mon May 05, 2014 2:44 pm

First time claimants in the UK over 16 can't claim DLA they must claim PIP which has a residential requirement.
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thesnapman44
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Posts: 5
Joined: Mon May 05, 2014 12:22 am

Re: Visa requirements.

Post by thesnapman44 » Mon May 05, 2014 9:33 pm

Thank you all for the many replies.
I only have one more question on this subject, which is:
As an ex pat, would i be entitled to free legal advice.aid on my return to the UK ?
Once again, i have received so much help regarding this thread, and my deepest thanks goes to each and everyone of you.

Wanderer
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Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Visa requirements.

Post by Wanderer » Tue May 06, 2014 12:15 am

thesnapman44 wrote:Thank you all for the many replies.
I only have one more question on this subject, which is:
As an ex pat, would i be entitled to free legal advice.aid on my return to the UK ?
Once again, i have received so much help regarding this thread, and my deepest thanks goes to each and everyone of you.
Not sure to be honest, Legal Aid isn't so free and easy as before, but I don't think you need it, the rules are clear, just abide by them, look into PIP as Amber_ has advised.

Might not be what you want, but it's easier to bide your time and go with the flow, otherwise you'll be fighting bureauracy for years trying to do this outside the rules.
An chéad stad eile Stáisiún Uí Chonghaile....

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Visa requirements.

Post by manci » Tue May 06, 2014 8:00 am

Not sure if this would be feasible in your circumstances but, for the sake of completeness, there is also the Surinder Singh route for avoiding the £18,600 income threshold (or lack of sufficient savings) for your wife to come to the UK. It would involve living in another EU country for some time (typically 6 months) and then coming to the UK under EU rules. As an introduction to the subject see:
http://www.bbc.co.uk/news/uk-23029195
Note that the rules have been tightened somewhat earlier this year.
If this is of interest there is ample material on the forum and elsewhere about the details.

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