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Ask Waleed Hassan Your Own Question
Waleed Hassan
Waleed Hassan, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 66
Experience:  I have extensive knowledge in Immigration, Nationality and Asylum law and have had conducted in lead cases.
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My mother approx 10 years ago go married to an American

Resolved Question:

Hi there,
My mother approx 10 years ago go married to an American (married here in the UK), they then went and decided to live in the states. They bought a house, he got a job and they have been happy since. 2 months ago, my mother suffered a burst brain aneurysm and is currently stuck in a medical nursing home.
We are looking at the idea of getting her back to the UK (when she is able) but also we want her husband to come across as well. Both are in their 60's, he is not qualified in any manner, and has a criminal record (which involved jail time) about 30 years ago. They have limited savings, but my mum does have a significant pension (based here in the UK). If he was able to move across, then his job prospects would be limited, but family would support them financially.
I'm not really sure if the above is feasible or what the steps are if possible - any help would be gratefully received.
M
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Waleed Hassan replied 11 months ago.

Thank you for your question. Please note that under the Just Answer policy and my licence governing Solicitors, I cannot provide specific advice on this forum.

I am presuming that your mother is British. The option to bring her husband is under Appendix FM spouse rule. In this application, your mother will have to show that she meets the financial requirement. As your mother is on pension and you state that she is limited funds , it could be a problem for her.

Please note that third party support is not allowed under the spouse application.

But I strongly suggest that you go to a qualified immigration solicitor to discuss this in more detail or explore other avenues. As your mother's husband is an American citizen he can stay in the uk for a maximum 6 months per year but he will not be allowed to stay in the uk permanently unless he qualifies for the spouse application.

Please kindly do forget to rate my answer.

Regards

Waleed Hassan and other Immigration Law Specialists are ready to help you
Customer: replied 11 months ago.
Dear Hassan,Many thanks for your answer, i was just looking for some guidance before embarking on a more serious and costly venture on this. Just to be clear, it sounds like the rules for this type of situation are distinct, is there any point in engaging with a lawyer given the situation at hand? She won't be able to meet the financial requirements set out by the Home Office (certainly if 3rd party support is disregarded) - so i'm not sure what else could be done.M

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