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Immigration of Colombian wife & metally disabled Son

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Pianoscore
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Immigration of Colombian wife & metally disabled Son

Post by Pianoscore » Fri Jan 09, 2015 3:05 pm

Hello everyone,

** if this is in the incorrect area, please move / delete :) **

I'm sure this has been covered previously, but I couldn't find anything in the same vein as my case...

Basically - I'm an Australian Citizen with a dual passport (british / australian). My wife is Colombian, my stepson is also obviously Colombian, with Mental Retardation with autistic characteristics.

As Australia is a very harsh country for Autism, we're exploring all our options.

I've looked into the visa situation in the UK, it seems as if we could "Apply to join family living permantly in the UK" if I settle there first. However I'm sure there's something I'm missing here?

What would be the general visa pathway for something like this in the UK? The whole system seems VERY different to Australia's system...

Another question - is there Migration Agents in the UK? My google is just relaying visas to immigrate "into' Australia...

Thanks in advance for your help,

Aaron E.

maniani
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Re: Immigration of Colombian wife & metally disabled Son

Post by maniani » Fri Jan 09, 2015 3:50 pm


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ALKB
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Joined: Mon Mar 26, 2012 12:32 pm
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Re: Immigration of Colombian wife & metally disabled Son

Post by ALKB » Fri Jan 09, 2015 6:55 pm

Pianoscore wrote:Hello everyone,

** if this is in the incorrect area, please move / delete :) **

I'm sure this has been covered previously, but I couldn't find anything in the same vein as my case...

Basically - I'm an Australian Citizen with a dual passport (british / australian). My wife is Colombian, my stepson is also obviously Colombian, with Mental Retardation with autistic characteristics.

As Australia is a very harsh country for Autism, we're exploring all our options.

I've looked into the visa situation in the UK, it seems as if we could "Apply to join family living permantly in the UK" if I settle there first. However I'm sure there's something I'm missing here?

What would be the general visa pathway for something like this in the UK? The whole system seems VERY different to Australia's system...

Another question - is there Migration Agents in the UK? My google is just relaying visas to immigrate "into' Australia...

Thanks in advance for your help,

Aaron E.

Since you are a British national it would actually be easier/quicker/cheaper to settle in any other EU country and bring your family with under EU regulations.

Pianoscore
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Posts: 4
Joined: Fri Jan 09, 2015 2:51 pm

Re: Immigration of Colombian wife & metally disabled Son

Post by Pianoscore » Fri Jan 09, 2015 11:46 pm

Thanks for the link, I did however say I'd been looking into visas in the UK but I feel like I'm missing something. Would that be everything? Would my sons mental condition effect anything? Here in Australia it puts him under the health threshold.

In regards to settling in another EU country first, could you elaborate please? How would that help?

Thanks for responses guys :) I actually know a hell of alot about Australian visas, perhaps that's why I feel do lost with the UK ones, it really quite different...

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ALKB
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Re: Immigration of Colombian wife & metally disabled Son

Post by ALKB » Sat Jan 10, 2015 11:05 am

Pianoscore wrote: In regards to settling in another EU country first, could you elaborate please? How would that help?
It's an EU thing and rather puzzling when you first hear it.

When an EU national wants to bring a non-EEA spouse to their own country (in your case: UK), domestic (in your case: UK) immigration law applies which means, among other things, satisfying financial, accommodation and relationship requirements and often, when the UK national is outside of the UK it also means returning without family first, finding a job that pays above the minimum requirement and working in that job for at least six months before they can apply for a spouse visa. Your wife would also have to prove that she speaks English at an A1 level. Visa fees are also crippling to be honest.

BUT when an EU national is living and working in an EU country that he is not a national of, EU immigration law applies to him, which is much simpler than any of the domestic laws in any EU country.

For example, I am German, living in the UK and the first time we moved to England it took my husband two weeks to get his visa as a family member of an EEA national and it was issued free of charge.

So, if you would decide to move to, say, the Republic of Ireland or Malta (might be easier for you as English speaking countries) or Spain (might be easier for your wife and stepson but beware - the economy is in a bad situation) you would not have to show finances or a job first but you would be able to take them along, going to that country as a jobseeker. Within 90 days of arriving your family then applies for residence cards as family members of an EEA national. These cards are valid for 5 years and allow unrestricted access to the job market. After five years they can then either apply for an indefinite permit or get another 5 year card.

Now. Here's the catch. You will need to exercise treaty rights in that country to be allowed to settle: working, being self-employed or studying. Since I assume that working is anyhow in the cards, that shouldn't be too horrible, though?

You might want to look around the Europe and EEA Route forums.

Pianoscore
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Re: Immigration of Colombian wife & metally disabled Son

Post by Pianoscore » Mon Jan 12, 2015 12:44 am

Thanks so much for the info.

So basically as a British National / Passport holder (even though I'm not a resident yet), I can enter any member country of the EEA with my family as jobseekers?

Basically, what I'm looking at doing is living together with them for long enough to complete an adoption process, so even if we don't go across to England, it's not a huge deal. As long as the country is still part of the Hague convention & adoption of stepson's is a possibility it will work.

I'll check out some more info, thanks for the lead!

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