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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I entered the uk on a 6 months vista visa to see my wife and

Customer Question

I entered the uk on a 6 months vista visa to see my wife and to attend the funeral of our son.

My wife has mental illness, she needs care,

Would I be able to switch the visa and stay in the uk to care for my wife.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi

Do you meet the financial requirements for a spouse visa?

Kind regards

Tom
Customer: replied 2 years ago.
No I'm not working due to being a carer for my wife
Expert:  Thomas replied 2 years ago.
Hi

Is your wife working? I assume not but please confirm.

Do you have any other children who are based in the uk?

Kind regards


Tom
Customer: replied 2 years ago.
My wife is not working due to her mental illness and we have no children
Expert:  Thomas replied 2 years ago.
Hi

Drafting your answer now. 5 mins please.

Kind regards


Tom
Customer: replied 2 years ago.
Ok
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

I am truly very sorry that yourself in this very difficult situation, please do accept my sympathies.

The first thing to say is that you have no automatic right to extend your visa in the UK. Visitor's visas are not extendable as of right.

Therefore, any application for an extension would be based on getting the UKBA to exercise discretion. Such applications are usually done on the basis of a human rights argument.

The most common examples of when a visitor's vsia might be extended is where to insist on a person's removal from the UK would detrimentally affect their health.

For you to even have a chance you would have to show that your wife needs care from you because she cannot carry out day-to-day tasks. You would also have to show that there is no-one else in the UK that is able to do this for her. You would need doctor's notes, evidence of what has happened in the most recent past and a detailed statement from you and others who can speak to her conditoin.

If the UKBA did exercise discretion and grant you some further time I would not expect it to be very long. I would expect to be sufficient just enough so that you can arrange a more permanent care system, enough to get the necessary support system from the state and others in place.

I would strongly suggest instructing a solicitor to help you with the the application too...

Kind regards,

Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7508
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
My wife has distant relative but they won't care for her and doctors recommend that I will be best the carer for her and she prefers me rather than the state.

Expert:  Thomas replied 2 years ago.
Hi

Well, yes, that is the type of thing that would help your application considerably..

Tom

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