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Medical condition refusal spouse visa?

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shinobi41
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Medical condition refusal spouse visa?

Post by shinobi41 » Sun Apr 02, 2017 8:08 am

Hi, I am a British citizen engaged to a brazilian lady. We plan to marry in Brazil this August, and then in March 2018 I wish to apply for the spouse visa. I am a teacher with a full time and permanent contract (which will start in September this year). By the time we apply we will have all the evidence of the relationship etc and a place to rent all sorted. I understand that we will have to pay the NHS surcharge, which is also not a problem. She does have a medical condition, the treatment for which is too fragile to take on a plane, and so my question is, just to confirm, if all is in order with my paperwork and hers, they wont deny us the spouse visa because she has a condition will they? Sorry if this has been answered elsewhere, but when I have looked online it seems to me that the UK does not negate flr and spouse visas because of medical conditions. (Neither of us will be looking to claim any benefits either, as she will be (hopefully) working as a special needs teacher, just like me.

Thanks, please put me at ease if you can, it will help enourmously.

Aaron

shinobi41
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Re: Medical condition refusal spouse visa?

Post by shinobi41 » Sun Apr 02, 2017 8:26 am

Just to confirm too, the condition is not a danger to the public. I have just read the medical issues guide from the .gov site, but to be honest im still not really any wiser as to if we will be ok.

shinobi41
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Re: Medical condition refusal spouse visa?

Post by shinobi41 » Sun Apr 02, 2017 8:35 am

I have read in the guidance they can refuse if the person will be too ill to work/support themselves, and/or if they will require MAJOR MEDICAL TREATMENT, however i cannot find anywhere evidence of what 'major medical treatment means' :cry:

shinobi41
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Re: Medical condition refusal spouse visa?

Post by shinobi41 » Sun Apr 02, 2017 8:57 am

Also incase it helps, she has visited the uk twice last year as a tourist, and had no exams asked, and used no NHS treatment.

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Casa
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Re: Medical condition refusal spouse visa?

Post by Casa » Sun Apr 02, 2017 10:06 am

What do you mean by "the treatment for which is too fragile to take on a plane" ?
(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.

vinny
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Re: Medical condition refusal spouse visa?

Post by vinny » Sun Apr 02, 2017 10:52 am

shinobi41 wrote:Just to confirm too, the condition is not a danger to the public. I have just read the medical issues guide from the .gov site, but to be honest im still not really any wiser as to if we will be ok.
Did you see 6 and 12, etc?
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.

shinobi41
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Re: Medical condition refusal spouse visa?

Post by shinobi41 » Sun Apr 02, 2017 7:09 pm

Hi, thank you for responding. The treatment she receives is an injection every 15 days. The enzyme which is injected is too fragile to bring from Brazil to the UK.

I did read .6 and .12. In 12 they said that a medical condition alone should not justify a refusal.

She will have/can have a authenticated letter from her doctor in brazil saying that her condition in no way affects her capacity to work (and support herself). I can also get a statement from the association of gauchers patients in the UK to say that her type (type 1) will not inhibit her ability to support herself.

She already has an offer of work for when she arrives (which she can show to prove she intends to work.)
She is also in excellent health apart from her gauchers condition (type1)

We will pay the NHS surcharge before she arrives of course, and I will provide proof of my earnings of 30,000 a year with a permanent contract to support this all.

I hope this will be enough

shinobi41
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Re: Medical condition refusal spouse visa?

Post by shinobi41 » Sun Apr 02, 2017 8:47 pm

actually considering this , and reading number .12 better, i think we will be fine.
Thank you

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