russ01539
6th July 2007, 11:28
Hi guys.
As many of you know I have been a member here now for a couplew of years at least, and have helped and advised many, many couples with their visa problems, mostly with succesful outcomes.
Now it is my turn to ask the more knowledeable ones out there for a piece of advice. I have noticed many times people have asked this question, and I am being asked by many different people. I will do my own research into this and ask the advise of a few solicitors, but just to put the issue to bed once and for all here is the question that needs your advice;
Gerry, is disabled, and claims disabled benefit, housing benefit but no other benefits. He has been declared medically unfit to work by his doctor. He rents a council house from the local council, and lives on his own, but has a carer who visits him daily to assist with his food preperation and laundry.
He has been to PI to visit his fiance numerous times over a six year period, and until I found out about his plight has been re-applying on a 6 monthly basis, only to be turned down on each occasion. He does not want to move to PI to be with his fiance, but can provide a bona fida job offer for his fiance, so she can work once she has her FLR. Gerry can save about £2-300 per month from his benefits, which would be just enough to support his partner, but currently has no savings because he goes to PI every year to visit his partner and usually stays for 59 days at a time.
Ok, thats his circumstances. He is turned down each time on that basis that he 'cannot support his fiance without recourse to public funds.
I have a feeling that these circumstances should not be dealt with in the normal way, but by a solicitors who specialize in human rights. I have read that a disabled person should not be denied the opportunity to do what a non-disabled person can do, but clearly the embassy officials are denying him, because his condition means he has no choice but to let public funds support him in his physical condition.
It could be argued that if his fiance is allowed to the UK, she could take over the caring responsibility from the local council, therefore actually saving the government funds.
So come on guys what do you ???????
As many of you know I have been a member here now for a couplew of years at least, and have helped and advised many, many couples with their visa problems, mostly with succesful outcomes.
Now it is my turn to ask the more knowledeable ones out there for a piece of advice. I have noticed many times people have asked this question, and I am being asked by many different people. I will do my own research into this and ask the advise of a few solicitors, but just to put the issue to bed once and for all here is the question that needs your advice;
Gerry, is disabled, and claims disabled benefit, housing benefit but no other benefits. He has been declared medically unfit to work by his doctor. He rents a council house from the local council, and lives on his own, but has a carer who visits him daily to assist with his food preperation and laundry.
He has been to PI to visit his fiance numerous times over a six year period, and until I found out about his plight has been re-applying on a 6 monthly basis, only to be turned down on each occasion. He does not want to move to PI to be with his fiance, but can provide a bona fida job offer for his fiance, so she can work once she has her FLR. Gerry can save about £2-300 per month from his benefits, which would be just enough to support his partner, but currently has no savings because he goes to PI every year to visit his partner and usually stays for 59 days at a time.
Ok, thats his circumstances. He is turned down each time on that basis that he 'cannot support his fiance without recourse to public funds.
I have a feeling that these circumstances should not be dealt with in the normal way, but by a solicitors who specialize in human rights. I have read that a disabled person should not be denied the opportunity to do what a non-disabled person can do, but clearly the embassy officials are denying him, because his condition means he has no choice but to let public funds support him in his physical condition.
It could be argued that if his fiance is allowed to the UK, she could take over the caring responsibility from the local council, therefore actually saving the government funds.
So come on guys what do you ???????