Advice for Canadian Step-Father

[katazuki]

Hello,

I am currently seeking some advice from someone who has experience and/or any form of legal knowledge on the situation. My step father is Canadian and is currently looking to immigrate to the U.K on a permanent basis as him and my mother have been moving back and forth for the past 5 years (they have been married for coming on 3 years) and it's starting to become a real strain from an emotional and financial point of view.

He is currently staying in England with us and is living on a vistors visa for the next 6 months (although this currently runs out in the next 6 weeks.) We have seeked legal advice in Canada and England and in every single case the lawyer who was meant to be an "immigration" specialist has turned out to be useless and given information that is false/wrong and of no use and 99% of our information has come from googling and speaking to people who have been in similar issues.

Our primary issue is finances as my mother doesn't currently earn enough money (I believe it is 18,600 GBP) to prove the ability to support him and they do not take joint income into consideration. We also do not have savings because of the fact we have had to move back and for the last 5 years which has been a huge financial stress on us as the flights cost a few thousand dollars each time, although not every single time we have been both of them have gone.. Sometimes it has only been one person.

Each time they have moved back and forth they have been left essentially homeless and this has been forced upon us by the E.U's immigration law that stops someone who is part of our own commonwealth from living happily married in the country of his wife's origins and his own families (as he is Scottish Canadian by descent.)

If someone could give me some advice on what we can do, if there is any form of legal action we can take to delay his need to return to Canada in order to allow us more time to sort the situation out or if there is anywhere we can apply for some sort of financial assistance I would be hugely grateful. If there is anything you wish to know regarding the situation I will be more than willing to attempt to give you it without trying to be to specific due to obvious personal reasons.

Thanks Norton

[MPH80]

Ok - firstly - it isn't the EU immigration rules that prevent him settling - in fact it could be your saviour - but I'll come back to that. It is the UK immigration rules that do not give special dispensation to the commonwealth.

Anyway - I see a few routes out of this:

1) Your mother gets a job earning the requisite amount and your Step Father returns to Canada and applies from there after she's been earning enough for 6 months.

2) He looks into the ancestry path to see if he qualifies.

3) Your mother moves to another EU country and exercises her treaty rights (essentially this means working) - this would then allow your step father to join her on a family permit before then returning back to the UK under EU regulations.

She could do this simply by going to Ireland and finding a job for 6 months.

M.