Wife Claiming Benefits But I have Savings

[immig_inquirer]

Hi there,

Since my wife gave birth to our child she had to quite her job and began claiming: income support, housing and child benefits. I need to join her in the UK to start work there and help raise the child.

I have enough savings (about 80k GBP) in my account which I will use to start some business when I go there.

My question is: Will the fact that she is claiming benefits now affect our application despite having the necessary funding required by the law?

Many Thanks

[Casa]

Some of her benefits are likely to be curtailed once you join her in the UK due to the high level of savings. On the positive side, with savings over £80,000 you will obviously be able to support your family without resorting the claiming Public funds.
On another note, I'm not sure whether she should have declared these savings when she applied for the low income benefits. Bear in mind that the ECO will carry out checks with HMRC/DWP etc when processing your application. Others may be able to advise on this.

[immig_inquirer]

Thanks Casa.

According to my calculation I need to have about 70k as we have one child. I spent the last two years saving because I knew there was no way I will be granted a visa with my wife's low income.

We want to stop most of them anyway. It is just has been a situation of not knowing when and what to stop.

I have not filed the application yet. So are suggesting that I only declare what is necessary to make up the shortfall? I am 10k more than what is needed

[CR001]

Is your child British?

If so, the child is excluded from the financial requirement and you only need £62,500 held for at least 6 months.

Where are your savings held, UK or overseas?

Has your wife declared in her benefit forms that she is married?

[Casa]

Thanks Casa.

According to my calculation I need to have about 70k as we have one child. I spent the last two years saving because I knew there was no way I will be granted a visa with my wife's low income.

We want to stop most of them anyway. It is just has been a situation of not knowing when and what to stop.

I have not filed the application yet. So are suggesting that I only declare what is necessary to make up the shortfall? I am 10k more than what is needed

No, I would never suggest that you submit a false declaration of savings. In any event, you will have to submit documented evidence of savings held in an accessible account, which means that it will be obvious to the ECO how much you have deposited and for how long.
See CR001's post.

[immig_inquirer]

Thanks Casa. I appreciate your reply.

Yes, my child is British. I didn't know about the exclusion. Thanks for that.

The funds are in my bank where I live now in Dubai

Now, my wife has not declared that she is married, as we have not registered the marriage officially yet, we only have a religious certificate obtained from the UK. In addition I don't live there so she didn't have anywhere in the forms to list me as a family member.

What do you suggest?

Many thanks

[CR001]

Where exactly did you get married in the UK? Is it an islamic marriage?

[immig_inquirer]

Hi CR001,

Yes, It was an Islamic marriage in the UK in Dec. 2012

[CR001]

An Islamic marriage performed in the UK is not a recognised marriage under UK law. So for all intents and purposes under UK law, your wife is not married.

Had you done an Islamic marriage in a Muslim country (Dubai, Pakistan, etc), this would have been recognised as a marriage because the laws of these countries permit it.

For it to have been recognised in the UK, you would have had to have a civil ceremony or registered the marriage with the Registrar.

Unlikely you will succeed in a spouse visa application until you register your marriage properly in the UK.

[immig_inquirer]

Thanks CR001 and Casa,

I will take your advice and have the marriage officially registered in my next visit. However with regard to the situation with the benefits and since we are not legally married to this point, do you recommend we stop any of them? Do they affect the decision by the immigration officer? Our long term plan is to setup a business when I am there so by then we will have joint filings and stop any benefits that we are not entitled to based on our situation.

[CR001]

She can claim what she is entitle to.

You meet the financial requirement with the high level of savings you have.

Once you are legally married, she must inform the benefit departments and it is likely your savings will be taken into account.

With the level of savings you have, it is unlikely that she will qualify for any benefits.

[immig_inquirer]

Thanks again CR001. I appreciate your fast answers. All is clear now.

[Casa]

The fact that you are not married according to British law complicates the situation. You won't be able to apply for a spouse settlement visa as you aren't currently considered as a spouse, so you have two options:
1. Apply from Dubai for a fiance visa and marry at a Home Office designated Registry Office in the UK within 6 months and then apply for a 2.5 year extension on form FLR(M). This would have to be submitted before your 6 month visa expires. This will require two separate visa fees.
2. Marry in Dubai and apply for a spouse settlement visa. One visa fee but there would be the cost of your wife's travel.

You will be unable to marry if you have entered on a visitor visa. Bear in mind that it isn't simply a question of 'registering' your Islamic marriage. A marriage will have to take place at a Registry Office if you decide not to marry in Dubai. Just to clarify one point, where CR001 mentions 'or registered the marriage with the Registrar' , the registration would have to take place before the Islamic marriage. Imams generally ask to see the certificate before the ceremony if they feel that the couple need the marriage to be recognised under British law.

[Obie]

I am not sure a person is precluded from marriage without a marriage visa.

It helps but is not a requirement. But the problem 70 day investigation by the Secretary of State is.

[Casa]

I am not sure a person is precluded from marriage without a marriage visa.

It helps but is not a requirement. But the problem 70 day investigation by the Secretary of State is.

Are you suggesting entry on a visitor visa Obie? With respect, under the circumstances wouldn't it be difficult to prove they have strong ties to their current country of residence and that they are entering as a genuine visitor? My personal opinion would be that a problem may arise if they are interviewed by the Home Office in the 70 days 'waiting' period and the issue of a false statement in the visitor visa application is raised.

[Obie]

Ok . Casa my issue is not with the application for residency. I respect your views in that regards.

For the avoidance of doubt, if a person arrives in the UK and gets married, that is not a breach of visa condition, neither can it be contended that it was pre planned.

Marriage and marriage proposal is sometimes spontaneous. I may wake up today and make a proposal.

I don't see how that will affect the investigation, in circumstances where the investigation is designed to determine whether the proposed marriage is genuine or not.

In circumstances where there is a child, the answer to the question posed above can only be answered in the affirmative.

I express no view on the Residency aspect.

[Casa]

I think the OP should be aware that even after the Registry Office marriage having taken place, his wife would be unable to apply for a 'straightforward' spouse settlement visa from within the UK...so I can't see that anything would be gained by attempting to enter as a visitor.