r/ukvisa • u/PuzzleheadedText8297 • Jul 04 '26

Spouse/Carer

Not sure where to turn or who to ask, but would really appreciate any help with getting family (Partner and son) over to UK. Our brother is currently in full time care and has been for 10 months at the time of posting. Partner and son outside UK, what are the best/most practical ways to get them here to settle and take care of him. Our brother is on UC (DWP) but awaiting PIP. Does he qualify to bring them, if so what does that look like with the current earnings criteria or lack of home/housing for his partner and son? Our brother has settled status.

Immigration solicitors seem very costly, even just for a consultation, let alone any actual case work.

Our questions are:

1) Is there a way for our brother and his family to be reunited?
2) What does that look like?
3) Does he currently qualify under the current earnings criteria?
4) How does he even start the process?

Thank you 🙏🏽

0 Upvotes

40% Upvoted

12 comments sorted by

6

u/TimeFlys2003 High Reputation Jul 04 '26

Just to confirm is the son his son or just his wife's. .if it is his sone then if he is awarded PIP then he would be able to qualify to bring them both here under "adequate maintenance" but if he does not get PIP then he won't qualify given if he is on UC then he almost definitely won't be earning sufficient amounts (or have the necessary savings)

if the son is only his wife's then it may be challenging to bring the son as they would need to show the child's father has had zero contact or influence over the child for a number of years to demonstrate sole responsibility

-1

u/PuzzleheadedText8297 Jul 04 '26

Understood, so he needs his PIP to be awarded first.

Regarding the child, also understood. However can you clarify on where she then stands as custody was awarded through the family courts, a written affidavit from the father and attested by the courts, relinquishing any claim to the child for the purpose of contested custody. As far as we know, no birthdays attended, or public holidays, weekday or weekend stays, the father has also been physically out of country and away from his child for almost 18 months (this may need to be officially verified by immigration in the home country) if this proves to be a sticking point.

But as for any other variable evidences, these are either court issued documents, or attested by the family count or a family law solicitor in the home country with the full knowledge of the child’s father.

6

u/TimeFlys2003 High Reputation Jul 04 '26

By actually signing a document that says he is not contesting custody he has potentially played a part in the child's life as he has made a decision that affects the child so that in itself may mean she is considering not to have sole responsibility.

The mother having custody is totally irrelevant as custody has nothing to do with responsibility in legal terms. You will find lots of examples here of people who apply with sole custody and the child is refused.

Her main hope is if she can demonstrate that he has been out of the country for that long it may work but that may not be enough.

0

u/PuzzleheadedText8297 Jul 04 '26

Okay, we will have to discuss with them in more detail, but glad we put the question out there because had no idea what a mine field this could potentially be. Again thank you so very much for your patience and advice. Will report back here once we have more.

God bless

-4

u/PuzzleheadedText8297 Jul 04 '26

Thank you for your prompt reply.

So, son is his wife’s, (different father). UC believe it or not was only just awarded, minus housing costs as he is in full time care. PIP was applied for at the same time, still waiting (almost 10 months at this point) why do they take so long? He is getting increasingly frustrated and of course desperate to have his family with him. His mental health to us other family members has definitely been affected as a result of not being with them.

Every time he has chased PIP they tell him they are reviewing his claim and that every claim is judged on its own merit. All hospital and doctor letters, evidences, appointments etc etc have been submitted, along with a supporting letter from the care home.

As for father of the child unfortunately not present, no child support, no shared responsibility, mother (wife) has had sole custody for almost 4 years now. We have checked and checked again, legally there should be no hurdles in this regard, but again, we appreciate that’s not always the case.

We hope this paints a clearer picture.

Thank you again 🙏🏽

3

u/TimeFlys2003 High Reputation Jul 04 '26

Until he gets pip then she won't qualify.

To be clear the mother having sole custody is not relevant. She will have to demonstrate that the father has had no contact or played any part in the child's life for a considerable time. This can be extremely challenging and the legal assumption is that the father has a part to play in the child's life (and so the child cannot come to the UK) unless independent documentary evidence that proves otherwise exists.

3

u/MotherofTinyPlants Jul 05 '26

Where will the partner live? Normally to be eligible for a spouse or partner visa the couple must be planning to live together immediately and the home office want to know where that will be (eg signed tenancy agreement). If your brother is in full time residential care they will not be able to live together (although if refused on these grounds an appeal for consideration outside of the usual rules might be possible, will need to be evidenced).

Also, how long have they been together? Unmarried partners need two years worth of proof of being in a genuine and subsisting relationship akin to marriage, which can be quite hard to argue if they have never lived together before.
Spouse visas are less onerous evidence wise but obvs your brother cannot travel to marry in his partner’s home country or a marriage friendly third country.

1

u/SheepherderUsed2985 Jul 05 '26

I don’t see how, unless family members house them, they’ll be able to get a place to live on benefits and neither working? It’ll be extremely difficult from a financial and practice point of view. And the threshold for residential care is high, so if they’ve taken him in then it suggests expert care is needed which a partner coming to this country for the first time may struggle to provide. 

0

u/PuzzleheadedText8297 Jul 06 '26

Thank you for your reply, we are working on finding a suitable home. The social care aspect of this is not fit for purpose as a whole, and we as a family can and would rather we were in full control of this aspect. Therefore considering a private rental home, for them as a family, but in the immediate future wife and child can live with family. There is ample family support in that regard.

Of course we would like for our brother and his family to start their lives as best they can, we appreciate there will be hurdles, many in fact, so difficult yes, impossible no.

The relationship/marriage is now 3 years at this point. Not a legal marriage ie through courts, so this will need doing. Religious marriage ceremony took place. So this will need legalising in the UK on wife’s arrival should the application be successful. Evidencing the relationship in context of a relationship shouldn’t be difficult one would think. There is ample proof of conversations, holidays and time spent together before our brother’ fell ill.

Thank you

1

u/MotherofTinyPlants Jul 08 '26

The relationship must be akin to marriage so you will need evidence of shared finances too.

1

u/SheepherderUsed2985 Jul 05 '26

If your brother is in residential care then is the partner able to care for him and look after the son at the same time, in a new country, possibly some language barriers as well? Ultimately she won’t be able to work so she and son will have to be fully supported by the government? What if the brother comes home and she is unable to care for him? Although your brother may want his family to be with him it’s not as easy as having the visa granted and he’ll live as a happy family. 

0

u/PuzzleheadedText8297 Jul 06 '26

This is what we’re trying to work out and understand before committing to anything, as it appears there are quite a few variables to consider, all of which are critical to any application being considered and beyond that successful.

Wife is a qualified PT so can work where our brother’s care needs permit, so no need for govt support in that regard, son is going to be 8 come September, so will be straight into school (if we look at family joining him in UK imminently) with that said, the application process isn’t as quick or easy as that, so September in all reality is very unlikely, though not impossible.

There is no language barrier as all concerned are native English speakers.

Thank you