AngelaV

I would appreciate any help/advice anyone has in relation to me returning to the UK with my family. I am a British citizen, living in South Africa for 12 years. I have been married for 11 years and have 3 children, the youngest being Down syndrome.

We would like to move back to the UK as the support and facilities where we live are practically non existent and we feel that my daughter would benefit from living in the UK from a developmental perspective.

From what I understand, my husband might be exempt from the financial requirements but everything relating to this states that I would have to be already claiming DLA, carer's allowance etc. As we don't currently live in the UK, we don't claim benefits. We don't have any intention of claiming benefits but from what I have read, I would have to go to the UK without my husband (not going to happen!), claim for countless benefits after 6 months and only then will he be able to apply! This makes no sense to me.

It is fairly difficult to secure a job in the UK without having a valid visa at the time of application so it seems like a catch 22 situation to me.

I am hoping that I am wrong with my assumptions, any knowledge and/or advice would be most welcome.

rebeccajo

It's sad to say that you aren't wrong with your assumptions.

You would have to go back to the UK with your Special Needs child. You'd have to be there 6 months before you could file for her DLA and Carer's Allowance for yourself. Those would have to be granted before you could file for your husband's visa.

It's mad, isn't it?

AngelaV

Absolutely mad!!

I really do understand why the UK have put restrictions in place but it certainly affects those who were born, raised, paid national insurance and legitimately want to go home for all the right reasons!

Until recently, we were told that my daughter (3) wouldn't live past 7 (she has PPH/IPAH). A miracle happened whereby her pulmonary pressures have gone from 89 (grave) to 30 (almost normal) and 2 holes in her heart closed on their own (she no longer has limited life expectancy). We were so excited about the possibility of returning to the UK so that she could have the best developmental opportunity in life. Now we realize that we may never be able to return home....... We can just hope they change the laws relating to expats soon.

SanDiegogirl

The exemption clause was included for those British citizens, currently living in the UK and claiming DLA/carers allowance etc, to be able to sponsor their non EU spouses. It was said that without it the disabled in the UK were being discriminated against.

It was not envisaged that overseas applicants would be applying under such an exemption rule, since, obviously, they are not claiming such benefits while living overseas.

Are you a full time carer for your daughter currently?

Are you not able to sponsor your husband under any of the other categories (A, B, C etc) in order to obtain the financial requirements?

AngelaV

I am currently her full time carer but when she goes to school in 1.5 years, I would hope to at least work part-time. We have GBP20000 savings and my husband's current salary in SA exceeds the requirements so it seems that the only issue really is whether he will be able to secure a job in the UK on the premise of his visa being approved. We both have pensions which I suppose could be cashed out but I am not sure if it will be enough. Mine will start paying out in 10 years and my husband's in 17 years so it might not be worth much.

rebeccajo

It has to be the earnings of the UK citizen upon which the visa is approved.

The rules discriminate against non-working UK citizen wives.

AngelaV

Okay, now I understand why they want to cut down on immigrants looking to the UK to support them without working (generalization). Out of interest, I calculated an estimate of what I would to entitled to if my 3 kids and I lived in the UK. If I compare it to living here and include the costs of paying housing, medical and schooling, it equates to a staggering R32,000 (GBP2500) per month and that's before they give me a car, free nappies, holidays, toys and white appliances. No wonder everyone thinks the UK is the land of milk and honey! ......... Shew.

AngelaV

This route absolutely repulses me. Even when I lost my job in 1998, I did not apply for any benefits or assistance, I used my credit card until I found a job 2 months later.

However, if I take the girls over on their British passports and my husband goes on a 3 month visitors visa to look after the kids whilst I work; husband goes back home for remaining 3 months whilst I wait out the 6 months in UK to apply for DLA so that he can apply. Then opt out of DLA benefits as soon as his visa is granted. Would this be a viable option?

I can't believe that I am even thinking this way but there is no school remotely close to where we live that will accept my daughter unless she goes to a severe special needs school where they care rather than teach (she is a bright little girl).

SanDiegogirl

Just some points to consider:

If you are working outside of the home, I believe you may not qualify for carer allowance. If your youngest child goes to school, then she may not qualify for DLA since this, for children, are for those who need extra care with everyday functionality and mobility issues with leaving the home.

From your post your main reason for leaving SA appear to be so your child can attend a decent school when reaching school age.

I would not depend on getting a job within three months. Plenty of folks on this forum have found this difficult, so you will need monetary resources in the first few months. You also need to take this situation into consideration for your husband's situation.

See the link below for additional information on DLA for children:

http://www.turn2us.org.uk/informatio....aspx?page=392

Your earlier post regarding what you are entitled to (I think eligible is a more appropriate word) is somewhat "rosy" regarding "a land of milk and honey". If you turn up in the UK with three children and are homeless or have no funds then, yes, you are likely to end up with State benefits - you are also likely to end up on a sink council estate in a council flat (regardless of what you read in the Daily Mail).

Obtaining benefits and living on them are not what most people would regard as having a decent, quality life in the UK.

Shellyj

Who do you think would give you a car, holidays, toys and white appliances?

Not in the UK, you would get some nappies from the NHS if your child is over 5 and incontinent due to medical need, I say some because it is not nearly enough that most would need.

Cars = these are not given 'free.' cash welfare benefits are reduced to pay for them ie from the 2500 you think you would get.

Holidays, toys and white goods, not a chance unless you were leaving a homeless womens refugee children in tow after living there for 12 months after fleeing your home. Even then they would be second hand and you would probably get a years use of out of them.

But SanDiegoGirl is right, there is no saying your daughter would qualify because its not based on disability its based on need and the need for children has to be proved much higher because all children have high care needs.

To get carers allowance your child needs to get at least middle rate care, you need to care for 35hrs a week and you can not earn over £100 in any week. Pretty hard for anyone who is working even part time to earn under £100.

Orangepants

Whilst I personally have no knowledge of the benefits paid out and how the system works, I did wonder at your comments about cars, toys and appliances.. My younger sister is severely disabled and whilst she does get DLA which helps to pay a care agency to come to her flat to look after her - 17 hrs a day, we as a family, heavily subsidize her "income" if I can call it that, so that she can have a decent standard of living.
We buy all her white goods, clothes, furnish her flat, turbo motors for her wheelchair, put money in her account so she can buy whatever she needs. Unfortunately we cannot buy the one thing she wants - her health. I wish you luck in this daunting situation.

AngelaV

I think everyone is getting the wrong end of the stick here ....... I apologise if I offended anyone, it was not my intention. I was just in a state of shock whilst undergoing research and based my very limited knowledge obtained within this forum and researching Down syndrome in the UK. Possibly I used the wrong word in using "entitled" but certainly everything I mentioned is included within the remit of Disability Allowance and grants and information given to me by the DSA.

As I stated, I did the calculation purely based on curiosity, I was just shocked at the amount (I have absolutely no idea if we would be eligible for anything). I did not state that I would be moving back to the UK to claim all of the afore mentioned benefits. In fact, I categorically stated that I do not want to or need to draw benefits from a living point of view, I was purely exploring a way in which to obtain a spousal visa using the resources I thought I might have available to us in order to work around the system. I was hoping for some positive insight.

englishguygoinghome

Hi Angela,

I really hope you find a solution to your troubles.

Given the importance of moving back to you in your situation, have you considered going through the necessary hoops to use the Surinder Singh route? That would mean you moving to another EU country for a few months and then on to the UK. IT would be a big upheaval but would be guarantede to get you into the UK (and there are no visa fees)

Secondly I really wish I'd spotted your post a couple of days ago. There is a parliamentary enquiry into the new rules was requesting evidence until yesterday. Google "APPG Migration". I sent a submission regarding the effect the rules have on expats. Have you thought about contacting the head of the enquiry (via "they work for you") to see if you can have a special allowance to tell your story to them even though it's now 24 hours too late? It may help get a change to the rules.

All the best

AngelaV

"englishguygoinghome", thank you so much for your advice.

I wish I could go the Surinder Singh route but alas, I am not sure we would have quite enough funds to make 2 moves. We had to sell up to cover my daughter's medical expenses (they ran into 100s of thousands pounds). We do have some funds left but not enough to make another 2 big moves.

I have started reading APPG Migration, it is very interesting.


ShellyJ, my daughter has heart and lung disease and was reliant on 24 hour oxygen machine until recently in addition to having DS. We were housebound as she could not be without oxygen. This is possibly why the DSA suggested that I apply for the highest grade of disability and provided me with the following information guide regarding white goods etc. came from the following site if you are interested:

http://www.downs-syndrome.org.uk/ima...ds13122012.pdf

The Family Fund
The Family Fund is funded by the government, but it is run by the Family Fund Trust. The Fund gives money to buy equipment or services for children who need extra help because of a severe disability or long-term illness.
You can apply to the Family Fund if you are the parent or carer of a child or young person aged 17 or under and you have the legal right to live in the UK.
Grants are means-tested, but you do not have to be on the basic income level (for example, Income Support) to apply. Getting Disability Living Allowance does not mean that your child will definitely get a grant. The Family Fund apply their own eligibility criteria.
You may get help with:
• Washing machines and tumble dryers, fridge-freezers, dishwashers
• Clothing and bedding
• Holidays or outings
• Driving lessons
• Transport
• Play and leisure equipment
These are only examples of the things the Fund can be used for. It is not a complete list and families are encouraged to ask for anything that they feel they need, as long as it is directly related to the child's disability.

Shellyj

I have no idea who DSA is but I already know all about family fund. There are several others like them but all have the same criteria to apply except one that I know of.

http://www.familyfund.org.uk/grants/who-we-help

You can apply to the Family Fund if:

You live in England, Northern Ireland, Scotland or Wales.
You are the parent or carer of a disabled or seriously ill child or young person aged 17 or under.
You have evidence of your entitlement to one the following: Child Tax Credit, Working Tax Credit, Income based Job Seekers Allowance, Income Support, Incapacity Benefit*, Employment Support Allowance*, Housing Benefit and Pension Credit. If you do not receive any of the above, further information may be needed to complete your application.
You have permanent legal residency in the UK and have lived in the UK for six months.


So pretty much a low income family because although they help if you are working only if you are entitled to tax credits even if you do not actually claim them.