Any immigration experts able to advise?

TBagpuss

Yes, anyone can give you advice, but its a regulated sector so I think the issues are if someone holds themselves out as qualified to give advice that there is an issue.

OP, I think your brother needs to get proper, professional advice.

I would be surprised if the 'significant difficulties' exception were to apply, simply because of a lack of language skills and connections. - also the wording refers to difficulties which 'couldn't be overcome' whereas lack of familiarity etc are things which could be overcome, your brother could learn a second language or retrain to give himself marketable skills, to overcome his current difficulties (it might not be easy, but it would be possible)

The government website suggests that your brother would have to show his income was over £22,400, not £18,600 p.a. because of the baby.

I'd suggest going to the 'find a solicitor' section of the law society website and look for a specialist solicitor, and pay for some initial, professional advice, and then follow it.

Comms69

TBagpuss wrote: »

Yes, anyone can give you advice, but its a regulated sector so I think the issues are if someone holds themselves out as qualified to give advice that there is an issue.

OP, I think your brother needs to get proper, professional advice.

I would be surprised if the 'significant difficulties' exception were to apply, simply because of a lack of language skills and connections. - also the wording refers to difficulties which 'couldn't be overcome' whereas lack of familiarity etc are things which could be overcome, your brother could learn a second language or retrain to give himself marketable skills, to overcome his current difficulties (it might not be easy, but it would be possible)

The government website suggests that your brother would have to show his income was over £22,400, not £18,600 p.a. because of the baby.

I'd suggest going to the 'find a solicitor' section of the law society website and look for a specialist solicitor, and pay for some initial, professional advice, and then follow it.

I wonder if that would include child benefit? it would make up some of the difference

OhWow

NHS and who can use it bill free, is on the government's site.

As you can see from the government's site - she would need to pay for her birth. If she is on a visa of 6 months of more, she would have paid the Immigration Health Surcharge to be able to use the NHS bill free, but that bill free use of the NHS ends when her visa does. However if she has a visa 6 months or less, then she must pay to use the NHS anyway, unless that service if is free. 50% is added to the bill if there is no insurance to pay. Immigration Act 2014.

"Visitor visas and short-term visas

You don!!!8217;t need to pay the surcharge or get an IHS reference number if you!!!8217;re applying for a:

• visitor visa
• visa for 6 months or less from outside the UK

You will need to pay for any NHS care you get at the point you use it - unless it!!!8217;s a service that!!!8217;s free."
https://www.gov.uk/healthcare-immigration-application/who-needs-pay


https://www.gov.uk/guidance/nhs-entitlements-migrant-health-guide

OhWow

Comms69 wrote: »

I wonder if that would include child benefit? it would make up some of the difference

I can't see that listed.

What counts as income
https://www.gov.uk/uk-family-visa/proof-income

OhWow

TBagpuss wrote: »

Y
The government website suggests that your brother would have to show his income was over £22,400, not £18,600 p.a. because of the baby.

Not if the baby is a British citizen
https://www.gov.uk/check-british-citizen

Who can apply for a spouse or partner visa
https://www.gov.uk/uk-family-visa/partner-spouse

As said, not wanting to marry the mother of his child and haven't lived together for 2 years "akin to marriage" for a partner visa = perhaps needs legal advice from a good immigration solicitor/advisor with a proven track record in this type of case, to see if there is anything the mother can apply for to live in the UK.

Ithaca

Thank you for the additional details. From my initial reading it looks like the marriage route would be their best option for a partner visa as there are no other obvious qualifying criteria (subject to them meeting the income requirements). We will explore this with them alongside professional legal advice, although that will bring its own challenges I suspect.

LilElvis

You've said that she is in the UK on a working visa which expires in a few months, but you've also said that she isn't working. She may therefore be in breach of her visa conditions.

Candyapple

Ithaca wrote: »

- She is pregnant and is due in summer 2018 (first child).

- Her visa runs out in a couple of months and she would need to return to South America before her due date.

Assuming she's due circa July, then she'd be 4 months already?

Don't forget that after week 28 of the pregnancy, most airlines require a letter from your midwife or GP and most airlines will not allow you to travel after week 36 of pregnancy.

11-12 hour flight whilst heavily pregnant, I don't envy her.

sheramber

Ithaca wrote: »

Thank you for the additional details. From my initial reading it looks like the marriage route would be their best option for a partner visa as there are no other obvious qualifying criteria (subject to them meeting the income requirements). We will explore this with them alongside professional legal advice, although that will bring its own challenges I suspect.

Being married doesn't automatically give the right to come to the UK.

It took months and a lot of red tape before the husband of a work colleague- who was British and lived in Britain all her life- was able to join her in this country. That was before the tightening of the rules in recent years.

You need to get professional advice before you do anything.