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INC
INC, Solicitor-Advocate
Category: UK Immigration Law
Satisfied Customers: 11505
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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A British male aged 45 - seriously impaired mental capacity,

Customer Question

A British male aged 45 - seriously impaired mental capacity, brain damaged at birth, cannot read or write, does not work (cannot) and only feels secure and safe within his own home. Lives with aged (but well off) parents (in their 70's). Financially very secure (Trust set up by parents). Not physically disabled but cannot live a normal life without loving twentyfour hour care. By accident (via me - a friend) he and his parents were introduced to a 35 year old single Vietnamese girl whom my wife brought to the UK for a holiday from Cyprus (where she had worked for us). Her Cypriot visa was about to expire and we offered her a holiday in the UK prior her returning to Vietnam. The UK High Commission in Cyprus granted her a 6 month holiday visa. This was August 2009. It expires 11th February 2010.The relationship has developed to the point of marriage but it seems she will never be allowed to change her visa conditions.This will devastate Micheal as he now depends upon her. Can you help?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  INC replied 4 years ago.
Hi,

Thanks for your question.

I am afraid that the bad news is that a Visitor is not eliegible to marry in the UK. What the Vietnamese girl can do, is leave the UK in February, return to Vietnam and then make an application for a Fiancee Visa.

If granted, she will be allowed into the UK for a period of 6 months during which she would have to marry. Therefater, she will be eligible to make an application for a Spouse Visa.

Click on the following link for further details:

http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren/fianceeorproposedcivilpartner/

I hope this answers your question. If so, kindly click accept.

If you wish to discuss, please feel free to ask further questions.

Kind regards,
Customer: replied 4 years ago.

This does not actually answer the question. Maybe I did not phrase it correctly the first time. it is Micheals human rights that I am asking about. It will devastate him if she has to leave him. He cannot comprehend immigration laws - he just wants to marry Lily and for her to be with him all the time. His parents want the same as they see the need for someone to replace them as they grow older. The question was: Can Micheals needs under the human rights act supercede the UK immigration laws? We read many cases where apparently trivial things (like a cat - as recently reported in the media) influence a judge to override the law, and felt that Micheals very serious mental and emotional needs, really do fit the term 'human rights'. This is not so much about Lily as it is Micheal. Of course it will benifit Lily but it is for Micheal that we are all concerned. Micheals family are all 2nd generation English Cypriots. The Greek church in England have offered to fly Lily and Micheals family to Cyprus (& Cyprus re-entry immigration is tougher than that of the UK - so this really is exceptional) so that they can marry in Cyprus and then apply for re-entry to the UK but Micheals family are scared to take that route in case re-entry to the UK is denied for lily.

Again, the main question is: Can Micheals disabilities/emotional needs override the immigration law under the human rights act. That is the question we need answering.

Customer: replied 4 years ago.
Relist: Inaccurate answer.
Customer: replied 4 years ago.
Relist: Incomplete answer.
I did reply to the answer but it seems to have not reached the right person!
What I said was that my question was not about the Vietnamese's girls immigration rights (those we already knew) but about Micheals Human Rights and was there a case for these to over-ride the current law regarding Lily's visa terms. We read many cases where even illegal immigrants are granted rights to stay after marriage even for apparently trivial reasons like having a cat as a family pet! Micheals needs for this girl are real and serious. So much so, the Greek Orthodox church in England have pursuaded the Cypriot Government to allow Lily to return to Cyprus with Micheal to allow them to marry there. Micheals parents are agreeable to this as long as the British Government allow Micheal and Lily to re-enter England as a married couple. They can fly out immediately and Lily could return under her existing visa (expires February 2010) without saying she is now married - but they don't want to do this - they would prefer to be above board and honest. So, the question still is: under the Human Rights act, are Micheals very clear disabilities and needs over-ride the immigration law as it applies to Lily. This was the basis of my first enquiry but phrased differently. As mentioned earlier we already knew the law as it applied to Lily's holiday visa. We need to know if a good legal reresentative could argue the case for Micheal and Lily with the authorities and/or in a court of law as it is impossible to actually talk with anyone at the immigration departments.
Expert:  INC replied 4 years ago.
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Customer: replied 4 years ago.
Relist: Incomplete answer.
Again, I repeat, we really want to know about the chances of Micheals human rights over-riding a negative answer from immigration regarding Lily staying in England as Micheals legally married wife.MICHEAL IS A BRITISH CITIZEN - not Cypriot.Would what you said about marriage to a Cypriot in Cyprus also apply to a British National in Cyprus. But still the main question is regarding Micheals Human rights.

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