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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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My wife spent 3 out of 4 years in the UK on a 2 year visa and

Resolved Question:

My wife spent 3 out of 4 years in the UK on a 2 year visa and then a 2 year extension from Dec 2008 until Nov 2011. In the June of the 3rd year (2011) she had our 2nd child ( the 1st was born also in UK in 2010 ) but had an horrific birth resulting in my son not breathing after birth and my wife is acute pain. She suffered terrible depression and as result we went to the Philippines in the November of 2011 to see her family. (she couldn't cope with her depression and being away from her family made it worse) In Dec 2011 the tropical storm Washii hit our city of Cagayan de Oro, Mindanao just a week before christmas and there was much death and destruction. The day after the disaster I had to leave the Philippines to return to the UK for work commitments and my wife and children stayed to help the family in their struggles. The Visa has now expired but I have brought our children back to UK for their schooling. What will be my wifes chances of renewing her visa as she didn't use all her entitlement from 2011 until Nov 2012. Please help and advise as I am a man of 62 year of age this next August and I am struggling to cope on my own, Both me and the children need my wife and their mother her with us.
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
When did your wife's visa expire?
How much income do you earn annually gross?
Are all your children British?
Kind regards
Customer: replied 2 years ago.

For "UK Lawyer" My wifes second Visa expired in November 2012. At this time I am unable to work as I have my small children to look after and need to be around to take to school and fetch from school, My son have preschool from 9am till 12 noon, my daughter is in school from 9am till 3pm. I have set up an online store but as yet no sales. Both my children were born in the UK, Both are dual nationality but were born in Merthyr Tydfil 2010 and 2011

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
Unfortunately, due to her visa expiring there nothing that can be done to allow her to return on her previous visa, the fact that it expired means that she would need now need to apply for a new visa under the new rules, which do require you to meet the financial requirements of earning £18,600 gross annually.
If the requirements cannot be met then it is impossible for your wife to apply for the visa, had she been in the UK and her visa had expired then yes a discretionary visa could have been applied for, but in respect of your wife applying from outside the UK any application you submit will be refused due to you not being able to meet the financial requirement and any application fee will not be refundable.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Customer: replied 2 years ago.

For UK Lawyer, You asked if my children were British before, they are both born in the UK. Is it right the immigration laws will keep 2 young children from their mother in this way? I have a metal hip and arthritis in both my hands so struggle to give their daily needs. I myself have health problems and having my wife and the childrens mother here can only be good and will stop me from claiming outside help at the tax payers expense. Does this not make good sense?

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I understand your frustration in respect of the immigration rules and I agree that it is not correct to keep children away from their mother, but the immigration rules have been tighten to ensure that only those who meet the requirements are allowed to come to the UK. So although it would not be right, the home office can simply ask for the children to go and live with their mother as there is nothing preventing them from residing with her in her home country.
I can only state and advice to as to what the rules state and unfortunately they do not allow you to sponsor your wife in the UK as per your current financial situation. Something that may make total sense to me and you may not necessarily be the case when it comes to the immigration rules and because they have become so strict now there is no flexibility to accommodate for case such as yours.
I hope this clarifies the matter. I am sorry I could not be the bearer of better news.
Kind regards
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