Financial support in Appeal exceptional circumstances SPOUSE VISA UK

[Elhz01]

Hello everyone,
I am married with a British citizen we meet evey year each other for 4 year's we have a baby (British), I've tried to do a visit visa to see my newborn child but it's been refused last year (not satisfied the trip the trip costs i have my explanation for this but I don't want to get to it), anyway those
1- my wife don't work she got a benefits of work disability (lcwra)
2-she have another 6 year child (court order shared costady with her Ex (3/4 day's each one a week with the child)
3- my b1 IELTS life skills test pass last month
4-she tried to get pip 3 times but it's refused even the last one got to tribunal and also refused.

So my question is are those can be exceptional circumstances in my case ? And if it is can i rely on her universal credit (got the lcwra ) as a support resources of income ?
and thank you so much for any help.

[secret.simon]

In order to sponsor a spouse under the adequate maintenance provisions,

the applicant’s partner or parent’s partner must be receiving one or more of the following:
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injury Disablement Benefit
• Attendance Allowance
• Pension Age Disability Payment (Scotland)
• Carer’s Allowance
• Personal Independence Payment
• Adult Disability Payment (Scotland)
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme

As you can see, the list is very specific. It is skewered towards people who can't work due to a physical disability or due to their being a carer of either an elderly person meeting specific requirements or a disabled child. I doubt your British wife would qualify to sponsor you.

And I do not see any exceptional circumstances here. The Home Office will argue that the British citizen wife and child can live with you in your home country. Merely having a British citizen wife or child does not allow one to get a visa.

[Casa]

In order to sponsor a spouse under the adequate maintenance provisions,

the applicant’s partner or parent’s partner must be receiving one or more of the following:
• Disability Living Allowance
• Severe Disablement Allowance
• Industrial Injury Disablement Benefit
• Attendance Allowance
• Pension Age Disability Payment (Scotland)
• Carer’s Allowance
• Personal Independence Payment
• Adult Disability Payment (Scotland)
• Armed Forces Independence Payment or Guaranteed Income Payment under the Armed Forces Compensation Scheme
• Constant Attendance Allowance, Mobility Supplement or War Disablement Pension under the War Pensions Scheme

As you can see, the list is very specific. It is skewered towards people who can't work due to a physical disability or due to their being a carer of either an elderly person meeting specific requirements or a disabled child. I doubt your British wife would qualify to sponsor you.

And I do not see any exceptional circumstances here. The Home Office will argue that the British citizen wife and child can live with you in your home country. Merely having a British citizen wife or child does not allow one to get a visa.

Does the fact that the wife has joint custody of a child from a previous relationship change anything ?

[Elhz01]

Thanks for the reply ,
She can't move to live with me because she have a child there and shared care .

[Elhz01]

You can't expect a mom to leave her other child she even have a court order to care him.
In law she's not obligated to work she have proof for this.
this isn't exceptional?

[Elhz01]

Plus all of this we have a letter from her Ex stating that he can't let her live with the child aboard.

[Elhz01]

Hello ,
I have two questions :
1-In Case there's no third party or Employment offer ,is there any other sources of Income can i rely on ? Like the universal credit of my partner .
2- if the third party sign a letter of assistance and support in need is that accepted? Or should be evry month the third party send fixed amount of money?
Is there any link to see the laws talking about this part I'll appreciate it
and thanks.

[CR001]

Topics Merged!! Please keep your questions in one topic if asking about the same application you have not yet made.

1-In Case there's no third party or Employment offer ,is there any other sources of Income can i rely on ? Like the universal credit of my partner .

You have already been advised that only certain benefits can be used. Universal Credit is not one of them.

2- if the third party sign a letter of assistance and support in need is that accepted? Or should be evry month the third party send fixed amount of money?

You cannot usually use third party financial support. What exactly are you thinking of in terms of third party support and from whom? It cannot be a loan for example.

Is there any link to see the laws talking about this part I'll appreciate it

Appendix FM 1.7 explains the financial requirements.

https://assets.publishing.service.gov.u ... rement.pdf

[Elhz01]

Ok thank you .

[secret.simon]

Does the fact that the wife has joint custody of a child from a previous relationship change anything ?

It is an interesting question, @Casa.

I don't work for the Home Office, so I am going by their public guidances. I remember reading in one of their guidances (not sure which one, but may be the one dealing with the ECHR) that a couple's decision to marry across national boundaries doesn't bind the Home office to allow them to live in the UK, or words to that effect.

As an unaffected third party, I could see a way where it can be expected that (a) the child whose custody is shared with the other parent could have that custody reassigned solely to the other parent, leaving the British citizen wife free to move permanently to the OP's home country, or, (b) the British citizen wife splits her time between the UK, where she retains partial custody of her child with another parent, and the OP's home country, where she resides with the OP and their child.

I remember a story a few years ago, before Brexit, when a worker at a Lancashire supermarket used to commute in regularly from Spain. Perhaps the OP's wife could consider commuting between the UK and the OP's home country similarly.

[Frontier Mole]

This one of these horrible circumstances that falls between all the cracks. There is no ready solution in this scenario. The weird thing here the OP would be better off as a parent of a British child route and not being here on a spouse visa. And they would more readily meet the exceptional circumstances. Obviously as a parent of a British child you are declaring you are no longer in a relationship with your spouse.

My limited opinion would be to push for exceptional circumstances knowing full well the HO is certainly going to turn it down AND then pursue it through your spouse’s MP and the parents overseas campaigning groups.

[Elhz01]

Thanks for your reply,
Me.and my wife was excited to apply till we figured out lately the third party is not a good idea (low salary ,but the savings it's kinda complicated ), and we giving up now.
If could prove that there's exceptional circumstances in my case (my wife can't work lcwra, shared custody with a letter signed by her ex and he's family that she can't live aboard,this child latly is assessed and could have learning difficulty,my wife have medical history disability and mental we tried 3 times for pip ,like i am not making it looks like a drama but it's reallty the situation as i am describing my wife my child really need care, even last year i applied for a visitor visa they didn't accept it) ,
My question is should i still to prove a financial support like there's no financial support?
The only income for her is this lcwra (universal credit)

[Casa]

Universal Credit won't be accepted to meet the minimum income criteria.

Your best chance would be to see if you qualify for a Sponsored Work Visa, or a Study visa.

[secret.simon]

my wife can't work lcwra

10. Limited capability for work and work related activity
If it is decided you have limited capability for work and work related activity (LCWRA) you are not expected to look for work or to prepare for work, but you can work or volunteer if you feel able to do so.

I agree with Casa's advice above, that you look to apply for a visa on your own, either through the Skilled Worker route or the Student route.

[Elhz01]

Ok ,thank you for your answer.