Visa - Disability Allowance Claimant

[russ01539]

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 ???????

[walesrob]

My first thought is that they should get married in the Philippines (even if its just a simple Civil wedding), and apply for a Spouse Visa, then there will be LESS reasons for refusal. Provide written evidence of that job offer as well, thats important as proof that as a couple, they will not be a burden on the state.

Failing that, I would get the gentleman to kick up a almighty fuss, contact local paper, write to local MP. One guy in Swansea did this, when his Chinese wife was denied a visa because he was living on benefits.

[KeithD]

Marry in the Phil, and take it from there.

Get a bank loan (for a car!!!) of a weird amount, say £5,250, and then after 4 months, with 3 months of bank statements, the loan payment will show only as savings.

As for being disabled, foget the human rights stuff, they DO NOT discriminate, as we've had many successful disabled applicants on here, claiming only benefits, including myself.

The problem will be with the information he has supplied, nothing else.

[IainBusby]

If he went to Philippines for a couple of months or so and got married there, when he applied for the spousal visa, he could claim that she is not only his wife, but also his carer.
Iain.

[jeffro]

Hi,this is a very worrying and major concern for me,and its causing me a lot of stress,because i am in the same position,and i am a one parent family also,my daughter Maria,12,lives with me.I fear that i wont be able to bring my gf here if we marry for the same reasons,and even if i move over to the PI ,how can i support my future wife in the PI,with no income.I think after 6 months my benefits would stop if i moved over to the PI,its becoming a torment and in someway affectimg my health,because i have C.H.D.,it doesent mean i am going to drop dead,but i need to avoid too much stress.
Its really getting me depressed and the more i seem to read and learn,it seems to me ,and forgive me if im wrong,that without substancial savings etc we dont stand a chance of any kind of future,neither here in the UK,or the PIs.It seems so wrong that we may not have a future because of the lack of money ,i thought love was the greatest and most important gift in life,to your loved ones ,and to your kids and your closest friends.I intend to fight every legal loophole if needs arise,however,the stress this may cause can only harm my heart more,both my heart surgeon and GP have warned me of the damage too much stress can cause me.Its a very worrying situation ,and a very cruel and unfair rule.If anyone can advise me more i truly would appreciate your advice,
many thanks ,
jeff and Maria

[KeithD]

Read http://filipinaroses.com/search.php?searchid=43657

[andypaul]

Also have you shown in the applications made that the wife could work in the UK ie english of a decent level. That there are job avaiable in the local area. Whether she does or not is another matter but helps the eco tick a box saying less likely to use public funds.

[russ01539]

Well thanks for your advice guys. I think the get the MP involved and kick up a fuss thing might work. We are lucky enough to have a young pro-active MP in our area, so he could be of use.

Gerry has been turned down 6 times so far, and will not give up. Half the problem is that he keeps spending all his savings on trips to PI to see his g/f and visa fees to try to get her here. He is being refused 1. because he is in receipt of state benefits (disability benefit), and 2 because he has no savings.

I will suggest that he somehow gets a loan, or asks someone to 'inject' some money into his account so he appears to have some savings and then go from there. If he can this he will have satisfied all objectives apart from the benefits thing, but with a bit of luck they will not reject this time on the grounds that they DONT discriminate. If they do, we'll let Firyal loose on them.

[andypaul]

If you get local papers involved ensure they get the full facts etc, many people will otherwise think the blokes on benefits wants mail order wife and us to pay for him.

[KeithD]

1. because he is in receipt of state benefits (disability benefit)
Told you, it doesn't happen, doesn't matter what benefit you get, they don't care, that is not an issue.

2 because he has no savings.
This is the problem, whether on bendfits or not, people are still in debt, the same % of people with savings on benefit will be the same % as those who work.