Question about Spousal Visa + Stepdaughter Visa

I need some advice on the above. I am a UK citizen. 4 years ago I visited the USA on a Visa waiver to see my American girl friend, decided to stay and get married which we did.
We filed all the necessary paperwork at Detroit for me to be able to stay and work in the US (Green card). They refused my application. My wife had to have replacement knee surgery and needed my help so I stayed in the US Illegally. I was eventually deported (my own costs) 16 months ago (5year ban) . My wife and Stepdaughter are still in the US. We filed an appeal through our Detroit lawyer, which eventually was heard in the US Embassy in London 4 weeks ago. The appeal was denied, they informed me that I would have to go down the  “Hardship for an US citizen" route, which to be honest we don't want to do as it would take even more money, we would still be separated for I don't know how long, and there is no guarantee it would be successful.

SO.

I have a few questions on bring my Wife and Step daughter to the UK to live.
As I have already stated I am a UK citizen. I am working, presently living at my Mum's House (3 bedrooms, plenty of room for all of us). My Wife and I have savings of about $20,000 US.

I have heard about the 4 years marriage thing for ILR, we haven’t been married 4 years until September 2009, should we leave it until then, even though we have been separated for 16 months. Does that make a difference?

If we have to leave it until September, can my wife and stepdaughter come over on a visitor’s visa in July so my Stepdaughter can start school, and then return for a few weeks to get the Spousal visa sorted out in the US in September, or is it better just for them to come over in July and do the conditional 2 years?

My stepdaughters’ father is ok with the move. What sort of letter do we need from him? Or do we have to go to court for something official?

If I decided to rent a house for us, would I be entitled to Housing benefit, family credit, council tax credit etc?

My wife is a Blue badge holder in the US due to her Arthritis; would she be able to get that benefit over here?

Any help or direction to a good Immigration lawyer would be fantastic!

I can't speak on every point, because I'm not sure if your application refusals in the US will have any bearing on the UK part of it (I'm sure someone can speak on this who has more experience).

As for having your wife and stepdaughter come over in July as visitors, and for your stepdaughter to start or apply for school. I don't believe she can apply for any sort of schooling on a visitor's visa, but I guess you guys can look, but can't fill out any paperwork since she doesn't technically have any sort of settlement visa or citizenship.

As for what you need pertaining to the father's permission, I believe a letter from him will suffice, as long as he explicitly states that you two have his permission for her to live over there.

As for benefits, you would be entitled to certain tax credits and benefits that would be afforded to you, but there can't be any extra given on the basis of you being married or having a stepchild I don't believe (as long as you're on a spousal visa). I thought I read somewhere that getting ILR allows the USC access to public funds, but I don't know this for 100%. I don't know the nitty gritty details of those benefits, but I do believe you lose the council tax credit once you get married (my fiance says he gets 25% off for being a single parent, but will lose it once I move over and he reports to the council he's married again).

Good luck though, it sounds like you guys have been apart for a while, and I hope you guys can get your stuff sorted so you can be together again

The only part of this question I can answer is that if your wife and stepdaughter are able to obtain visas, you will not be able to receive any additional benefit that you are not eligible for right now.  As kittenfish said, you cannot claim any benefit on behalf of your wife and stepdaughter.

As far as professional help - Vicky on this board is not a lawyer, but an adviser who is reccomended highly by many.

Someone correct me if I am wrong, but I think in order for her to qualify for ILE based upon your marriage, you have to live together for 4 years.

Yes, that is right.  But it costs nothing to try for the ILE.

If you'd like professional assistance, please let me know.

Vicky

I wish they would have let people into the country to take the Life in the UK test before I applied for my spousal visa.  I would have been willing to try for ILE even if I ended up being issued the same visa as I ended up receiving.  It's a bit frustrating to be married (now) almost 8 years and not feel we are secure to remain in the same country.

I wish they would have let people into the country to take the Life in the UK test before I applied for my spousal visa.  I would have been willing to try for ILE even if I ended up being issued the same visa as I ended up receiving.  It's a bit frustrating to be married (now) almost 8 years and not feel we are secure to remain in the same country.

Can't you apply for it now? Right now I'm in the US and I have to apply for a standard two-year spousal visa (I didn't take the KOL test while I was in the UK) but my husband has been told that as soon as I get into the UK I can take the test and apply for ILR because we have been married 10 years this month. Couldn't you do the same if you pay for the ILR which I know is another huge expense? At least then you'd have the peace of mind knowing you two won't ever have to be separated because of immigration issues. As soon as I get back to the UK I intend to save, save and save some more to get my ILR as soon as I possibly can.

If your wife and step daughter are coming to the UK for a holiday they can book a test whilst here and you can get the practice tests on line so they could study them now ready for the test.

You can not claim any benifits for your wife and step daughter until (at the moment they have ILR) then you can and your wife will be able to get DLA once they have this also but you would have to wait until she gets her ILR, unless you do it the 4 year way then it would be quicker.

Good luck and the savings look a good amount.

Indy

Can't you apply for it now? Right now I'm in the US and I have to apply for a standard two-year spousal visa (I didn't take the KOL test while I was in the UK) but my husband has been told that as soon as I get into the UK I can take the test and apply for ILR because we have been married 10 years this month. Couldn't you do the same if you pay for the ILR which I know is another huge expense? At least then you'd have the peace of mind knowing you two won't ever have to be separated because of immigration issues. As soon as I get back to the UK I intend to save, save and save some more to get my ILR as soon as I possibly can.

My husband and I haven't lived together the four years outside the UK.  So, if they deny it at this stage, I'd get nothing.  If I applied when I came over and they denied me, I'd get the Spousal Visa.  I will qualify for ILR in September.

Thanks to all who replied,

If your wife and step daughter are coming to the UK for a holiday they can book a test whilst here and you can get the practice tests on line so they could study them now ready for the test.

You can not claim any benefits for your wife and step daughter until (at the moment they have ILR) then you can and your wife will be able to get DLA once they have this also but you would have to wait until she gets her ILR, unless you do it the 4 year way then it would be quicker.

Good luck and the savings look a good amount.

Indy

They were over for Christmas, should have tried to do the test then....oh well 

Yes, that is right.  But it costs nothing to try for the ILE.

If you'd like professional assistance, please let me know.

Vicky

Thanks Vicky, it seems quite complicated so i will probably will be in touch.

I can't speak on every point, because I'm not sure if your application refusals in the US will have any bearing on the UK part of it (I'm sure someone can speak on this who has more experience).

As for having your wife and stepdaughter come over in July as visitors, and for your stepdaughter to start or apply for school. I don't believe she can apply for any sort of schooling on a visitor's visa, but I guess you guys can look, but can't fill out any paperwork since she doesn't technically have any sort of settlement visa or citizenship.

As for what you need pertaining to the father's permission, I believe a letter from him will suffice, as long as he explicitly states that you two have his permission for her to live over there.

As for benefits, you would be entitled to certain tax credits and benefits that would be afforded to you, but there can't be any extra given on the basis of you being married or having a stepchild I don't believe (as long as you're on a spousal visa). I thought I read somewhere that getting ILR allows the USC access to public funds, but I don't know this for 100%. I don't know the nitty gritty details of those benefits, but I do believe you lose the council tax credit once you get married (my fiance says he gets 25% off for being a single parent, but will lose it once I move over and he reports to the council he's married again).

Good luck though, it sounds like you guys have been apart for a while, and I hope you guys can get your stuff sorted so you can be together again

Thanks kittenfish, yeah been apart far too long, just want it all over now.

Thanks for everyones help, it's very much appreciated, didn't know where to turn to so all of your help is just fantastic