Need to urgently enter UK - medical grounds?

[Lucy2028]

Hi everyone,
I need some advise please, my husband and I are currently living in South Africa, he is a SA Citizen and I am British Citizen as are our two young boys.
We have been discussing moving back to the UK (left in 2011) as issues are getting worse here and we were going to apply for a spouse settlement visa (he prev. has ILR but I understand this will now have lapsed).
I have Lupus SLE and past 2 years is has gotten gradually worse, I cannot get the medication I need here as it is not approved in Southern Africa yet. Last week I received news that my kidneys and liver are in serious condition and I need to have further tests done (ultrasound, xray and biopsy to begin with). I cannot afford this here and it will only get worse.
I have applied for emergency UK passports which will be ready as soon as I am able to book flights however I will not be able to travel alone as I am not well enough whatsoever. I have a letter from my Rheumatologist confirming the urgency for me to receive this treatment as well.
My question is - does any of this help in letting my husband travel with me as we aren't able to wait for the spouse settlement visa to be processed? Or is there such a visa he can enter UK on and continue the application from there?
Any advise would be so greatly appreciated as I really don't know where to go from here, thank-you.

[Londoner007]

I am not too sure on this am sure others will comment. But from what you have said, they may ask you to apply for a visit visa for your husband so he can travel with you to UK and then return back to SA.

Then your husband will probably need to apply for spouse visa from SA. Since both your boys are BC you will only need to show £18,600 salary or £62,500 savings along with other documents.

[Amelia4784]

Hi, so sorry to read your story, I think he will need a tourist visa first, I tell you my story my partner and my child British citizens we lived in Mexico until he was diagnosed with multiple sclerosis and got really worse to the point he couldn’t walk as mexican I don’t need to apply for a tourist visa so we came together in January 2017, as we lived here previously they did ask me loads of questions, at that time I just said I’m here to bring him and mi child back as his condition has really worsened up he said ok but you can’t stay beyond 6 months without further clearance. If you have the financial requirement it would be more
Convenient for your husband to bring you and return to South Africa to apply for a visa if you don’t have the requirements then he can apply from here flr fp but it is a very long long wait, we don’t have the financial requirement cause he needs pip and he can’t yet because he needs to be living here for a continuous 2 years I applied here and they refused my application after 4 months that is lucky there are some which wait for over 13 months for even a rejection now I’m waiting for my appeal hearing in June with support documents, doctors, nurses, evidence that in Mexico there is not treatment for ms, so as long as you have your documents I really hope he gets his tourist visa and can come with you, update me and all the luck in the world for you, have a safe journey

[Lucy2028]

Thanks for the replies but I'm afraid I have a coupe more questions.

Please correct me if I have understood incorrectly but is he able to travel to the UK on a visitors visa and then when in the UK apply for the FLR(FP)? Does the FLR(FP) allow him to stay in the UK for a longer period and does it allow him to work?

Thanks

[Casa]

A FLR(FP) Partner route application can take 12 months or more for a decision to be made, with no guarantee of success. It is also a 10 year route to settlement (2.5 years x 4) and as a visitor he will not be entitled to work or have free access to NHS facilities.

[Lucy2028]

Hello Casa,

Thanks for the reply, when you say no guarantee of success, does that mean they are more than likely to refuse? I understand that he would he unable to work ect whilst the application is being processed but we don't see that as a problem at this point as we are fortunate to have a home with my mother and our expenses are very minimal. The main issue is that I am not in a position to be able to care for myself and my two (very active) children and my mum who we will be living with is 70 and is also not able to resume these duties either so I will be very reliant upon him whilst I receive treatment and hopefully recover.

So if he applies from within the UK on a 6 month visitor visa; which is more than likely to expire before the decision is reached is he allowed to stay until a decision is made or would he have to leave upon the expiry of the visitor visa?

[Casa]

If your husband submits a FLR(FP) application before his visitor visa expires, he will be able to remain in the UK while this is being assessed.

FLR(FP) stands a fair chance of success, taking into consideration your two British children and your health issues. However, don't expect a speedy decision. There is a FLR(FP) timeline thread on the forum, which should give you an idea of processing times.
immigration-for-family-members/flr-fp-a ... 5-740.html

Ensure you submit a FLR(FP) Partner route application as the Parent route is specifically for parents who are separated.

The Case Worker will want to see proof of exceptional circumstances preventing you from living as a family outside of the UK. Submit documented evidence of your medical requirements and of the need for your husband to assist with your children's daily care.

[Amelia4784]

Once he enter on a visitors visa he has 6 months in the uk so I’d say 1 month before that visa expires you apply for flr fp by that time you’ll have proof from the uk after 3 months of living here you and your children can apply for benefits ESA if you can’t work and CB, WTC. So by this time even when they refuse his application he can stay up to the appeals outcome meaning worst case scenario like mine he gets a refusal then you have 14 days to appeal or leave the country you then appeal then the worst that can happen is that HO asks him to report every month I don’t report to HO until the outcome of the appeal. from the moment of refused application to the outcome it’ll be another 7-10 months plus the waiting for the flr fp outcome so you are looking at 1 - 3 if you have to appeal to the upper tribunal but he would be able to stay with you he would not be asked to leave the UK, that could change though but as for now it’s like this. I mean I wouldn’t recommend it to Be honest but think about it and sometimes there is no other way so this is really a last choice, because he would not be able to work or drive and its hard. Best of luck

[Lucy2028]

Hi Amelia & Casa, thank-you both for your replies.
So in essence - if I am comparing the FLP FP visa and the spouse settlement visa, we would be better off applying for the spouse visa with the priority route if we can meet the requirements?

Is the spouse visa hard to get or if we meet the financial requirements should it be a formality?

[Amelia4784]

Hi, spouse visa is not hard as long as you fulfill the requirements and send the evidence and documents that’ll be for 2.5 then a renew for another 2.5 and then Ilr , with flr fp is for 10 years settlement initially but if after 2.5 you fulfill the requirements when the renew is approaching then you can switch from 10 years to the 5 years route. The difference is that spouse visa from the origin country will be faster like I said flr fp can be an exhausting process and Sometimes is not a guarentee of success like Casa said, but reading at your story is like mine so will see on my hearing date what will the outcome be.

[Lucy2028]

Hi everyone,
I have been doing as much research as possible regarding our options as I see them 1. Spouse settlement visa and 2. Flr (FP).
Although the spouse visa seems to be quicker we are not likely to meet the financial requirements with my current health situation.
With regards to the FLR (FP) I am reading that he is not allowed to apply for another visa whilst in the UK as a visitor - does this mean his FLR application is likely to be refused or would the case worker take our personal circumstances into consideration?
Thanks

[Obie]

You will have the option of making a Zambrano application aswell if you are looking after your unwell wife and your children, and there is no one else to do so. Which will be the case.