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Spouse Visa - Disabled Husband in UK

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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tagdistrict
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Joined: Thu Oct 08, 2015 6:54 pm

Spouse Visa - Disabled Husband in UK

Post by tagdistrict » Thu Oct 08, 2015 7:48 pm

Hi all

I'm new to here so please be patient with me. Firstly I am from London, I am disabled (wheelchair bound) and wish to get my Wife to the UK from Bangladesh. I understand I am exempt from showing that I work because I'm disabled and receive benefits.

I get the following benefits below;
DLA (Higher Rate)
Disability Carer's Allowance
ESA (Higher Rate)

I had been contact with my Wife via WhatsApp and talked on the phone everyday months before I went to Bangladesh and we still talk every single day now that I'm back in the UK.
I have spent 4 weeks (a month) in Bangladesh and got married, taken pictures, videos of wedding so now in the process of getting everything together. My Wife is taking ILTS English language course as I understand thats a Visa requirement.
My question is, has everything I've done been sufficient enough? My Solicitor is telling me MUST go to Bangladesh again so that adds more evidence to my case but its extremely difficult for me to go there again being in a wheelchair and if I go again then my benefits might stop. I also employ my own Carers through DirectPayment Scheme and they definitely will have problem with me going to Bangladesh again, so might stop my fundings. Is going there once enough?

I need advice and help here as to what I should do, anyone who is or has been in similar situation.


Thank you

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Casa
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Posts: 25817
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Spouse Visa - Disabled Husband in UK

Post by Casa » Thu Oct 08, 2015 8:21 pm

In my opinion, as long as you can show you are in regular contact during your time apart, in the circumstances a further visit shouldn't be necessary.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

tagdistrict
Newly Registered
Posts: 3
Joined: Thu Oct 08, 2015 6:54 pm

UK Disabled Guy, want to get Wife to UK - PLEASE HELP!

Post by tagdistrict » Wed Feb 17, 2016 7:28 pm

Hi all

I'm a British citizen from London, aged 32 and am disabled who recently got married in Bangladesh and had spent a month there. I want to get my wife who is 21 into the UK so we can be together. I have the following documents ready;

DLA - Disability Living Allowance Letter (Higher Rate) @ £82.30pw + Higher Rate Mobility @ £57.45pw.
ESA – Employment Support Allowance Letter (Higher Rate) @ £110.40pw.
Carers Allowance - (Currently in my mums name but would be transferred to wife).
Marriage Certificate (English)
Marriage Certificate (Bangla).
Utility bills under my name.
SimpleCall phone calls to Bangladesh bill statement includes Call Records for 4+ months.
WhatsApp messages 4+ months.
Wedding rubbish DVD.
Wedding Pictures DVD.
Wedding Pictures.
Pictures of Me & Wife days out in Bangladesh.
Bank Statements.
GP Letter + full Medical Record.


I need a few advice and help as I went to see another Immigration Lawyer today and got told a number of things that were blocking our way;

1. My benefits aren't enough to support my wife (even though I said that my wife would take on the Carers Allowance).
2. The age gap between me and my wife, said that Immigration won't believe the marriage to be real.
3. I don't have enough funds in my Bank, even though I showed I had £5200 saved up.
4. My wife needs to show that she was working in Bangladesh (Is that relevant since I'm sponsoring her?).

The Lawyer I went to is also a Barrister so knows his stuff. I'm really confused as I thought all my Benefits documents were enough and I was exempt from the financial rules and was supposed to be easier.

Please help.


Kind regards.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: UK Disabled Guy, want to get Wife to UK - PLEASE HELP!

Post by vinny » Wed Feb 17, 2016 9:36 pm

E-ECP.3.3 wrote:(b) the applicant must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

tagdistrict
Newly Registered
Posts: 3
Joined: Thu Oct 08, 2015 6:54 pm

Re: UK Disabled Guy, want to get Wife to UK - PLEASE HELP!

Post by tagdistrict » Wed Feb 17, 2016 10:43 pm

vinny wrote:
E-ECP.3.3 wrote:(b) the applicant must provide evidence that their partner is able to maintain and accommodate themselves, the applicant and any dependants adequately in the UK without recourse to public funds.
My wife would be taking on the Disability Carers Allowance, wouldn't that be meet the requirement?

I can also increase my Bank savings to about £12-£13000 by selling my premium bonds.

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: UK Disabled Guy, want to get Wife to UK - PLEASE HELP!

Post by vinny » Wed Feb 17, 2016 11:32 pm

tagdistrict wrote:My wife would be taking on the Disability Carers Allowance, wouldn't that be meet the requirement?
I'm afraid that may violate her 'no recourse to public funds' restrictions?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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