Several Complications - Forthcoming Uk Flr Apllication

[nis999]

Since my last post in 2011, my wife was studying for her ESOL cert at the local college, her daughter arrived from Thailand to live with us in November, the my wife got sick and was admitted to hospital with TB meningitis.

Her daughter went to stay temporarily with her aunt/my wife’s sister in Wales, but when my wife finally came home (6 months later) her daughter had settled into Welsh school and made friends and it was decided to let her stay, and a local county court judge issued a residence order. She has just turned 13, and her visa “follows” her mums visa and states “to live with mother”

My wife could not complete the ESOL course because of the severity of the illness. She is still recovering, but aside from leg pain, pins & needles and a big hole in her memory, she is almost back to normal. She has just started another ESOL course, but will not finish it until next year. Her 2-year FLR visa (and therefore her daughter’s visa too) expires this November.

For anyone who didn’t read my old post or doesn’t remember, my wife & I also have a 2-year old daughter who has British nationality.

I have read on the UKBA website that as my wife came to the UK before July 2011, her next application will fall under the old rules. Her daughter came to UK after that date, but I hope that wont matter, and that it will still follow Mums visa. But I am self-employed and having just read Visa Plus’s post, I wonder do self-employed requirements apply to ALL applications?

As a final note, I am aware that my wife’s ability to learn/remember seems to be slightly impaired. Doctors of course cannot say whether or to what extent her learning/memory function has been impaired, or whether any such impairment would be permanent or not.

I have spent hours calling the UKBA helpline, to ask advice but have not yet managed to speak to anyone, just get left on hold/cut off/sometimes get a message that the officers are all busy, please call again.

Can anyone suggest the best way forward for us? Does anyone have any experience of “Discretionary Leave applications” which I have seen mentioned in postings elsewhere? I thought Discretionary Leave was only issued in extenuating circumstances when normal applications had failed? (NOT that you can actually apply for one). I would prefer to go to Liverpool as we did 2 years ago, but the info says not to if your situation is “complex”

I also found two items of interest: (more details in the attached file)

1) Under CODE OF PRACTICE that the State will consider alternative arrangements to enable the person to comply if they have had a Serious medical condition

2) Under Sep/04 IMMIGRATION DIRECTORATES' INSTRUCTIONS - Applications for leave outside the Rules - * applications for leave to remain here exceptionally with family members who are dependent on the applicant

[nis999]

Sorry file was missing from last post

Bob

UKBA notes.docx

[7by7]

There is provision under the rules for severely disabled or infirm persons to be exempt from the language requirement for ILR; whether you wife would qualify for such, I don't know.

The guidance says

Exemption because of disability

If you have a long-standing, permanent disability which prevents you from learning English, you may be exempt from the KOL requirement. To be exempt, you must:

• be suffering from a long-term illness or disability that severely restricts your mobility and ability to attend language classes; or
  
• have a mental impairment which means that you are unable to learn another language.
  

When you apply for settlement, you should send us evidence from a medical practitioner confirming your disability.

If you require special arrangements to be able to learn English or take a test, you are not exempt - you still must meet the KOL requirement.

I am also unsure about the status of your step-daughter. Her leave to remain is based upon her living with her mother; but she isn't.

To be frank, there are only a few members here with enough knowledge to be able to help you, and I'm not one of them. I suggest that you seek professional help inside the UK; at the very least you should talk to the CAB; if they can't advise you themselves they'll be able to refer you to someone who can.

I wish your wife a speedy recovery.

Edited October 2, 2012 by 7by7

[bobrussell]

I would second the advice to get professional advice. The CAB have limited immigration professionals but you might strike lucky.

The UKBA can be very helpful in difficult situations but it may be wise to get advice elsewhere rather than potentially poke a hornets nest!

Where a child is involved they must put that childs welfare foremost and it sounds as if she is 'settled' in the UK with close family for a good reason.

The advisor may be able to guide you as to whether your wife may be exempted from taking the LitUK but I suspect your GP would need to be on board for this.

My best wishes for your wife's speedy recovery!

[nis999]

Just a quick follow-up to an old post – My wife today found out that her ILR has been granted without the required English certificate or Life in the UK. She was granted exemption (from the English Language tests) on the basis that her memory loss after illness prevents her from learning, so she is unable to take the tests. For anyone interested, this exemption is not issued lightly. It’s taken 10 months, and numerous visits to consultants and memory specialists. The decision by the UKBA was based around the answer to one question: Is the memory loss likely to be long term or permanent? Eventually a specialist psychiatric consultant determined in writing that her memory loss is “likely to long term”, and this was accepted by the UKBA.

[Waterloo]

Just a quick follow-up to an old post – My wife today found out that her ILR has been granted without the required English certificate or Life in the UK. She was granted exemption (from the English Language tests) on the basis that her memory loss after illness prevents her from learning, so she is unable to take the tests. For anyone interested, this exemption is not issued lightly. It’s taken 10 months, and numerous visits to consultants and memory specialists. The decision by the UKBA was based around the answer to one question: Is the memory loss likely to be long term or permanent? Eventually a specialist psychiatric consultant determined in writing that her memory loss is “likely to long term”, and this was accepted by the UKBA.

Thanks for coming back with the update I'm sure there are people on here who will find the information useful.

Hope your wife has made a good recovery in the other areas of her health.

[bobrussell]

I would also like to thank you for coming back with an update. These are not common situations but sooner or later someone will be facing a not dissimilar situation.

It is amazing how difficult it can be to get a straight answer from specialists. Often a GP is more willing to commit things to paper!!

Best of luck for all.

Edited September 6, 2013 by bobrussell