advice about marriage visa and ILR visa and council housing

[BabyBird]

at which point do i provide my financial documents showing that i can meet the minimum financial requirments to support him? since he will be the person applying, do i need to send those documents to him so that he can mail them with his application?

once we are married and he applies for the FLR(M) , is he legally allowed to get a job at that point?

Once he has applied online all the qualifying documents have to be sent to Sheffield, as advised in my earlier post. Also as I've already advised, he can only work once his FLR(M) visa has been granted. A postal application (£811) can take 3 months to process, whereas an in-person application at a Premium Service Centre (PSC) is generally decided on the same day (£1311).

yeah i did understand when you said it all has to be sent to sheffield, i just wasnt sure if i had to send my part separetly or if i had to mail it to him in the usa so that he can send it with his documents and application.

thanks for your help, i appreciate it more then you know.

[Casa]

You should send it all together. You could dispatch (securely) your documents for your husband to send everything (securely) to Sheffield from there. Your most recent payslip & bank statement should be no older than 28 days on the date the documents are submitted. If you're submitting a copy of your passport this will have to be legally certified. Your husband must submit his original passport.

[BabyBird]

You should send it all together. You could dispatch (securely) your documents for your husband to send everything (securely) to Sheffield from there. Your most recent payslip & bank statement should be no older than 28 days on the date the documents are submitted. If you're submitting a copy of your passport this will have to be legally certified. Your husband must submit his original passport.

i read that he can have his passport and documents sent back to him, but what happens in the case that it gets lost in the post? that has happened to us a few times while mailing things to each other

[ohara]

Send it by insured post if you are worried

[Casa]

Send it by insured post if you are worried

Or by courier.

[BabyBird]

hello again everyone

its been a while since i have been on here for advice since you all so kindly helped me with the advice i needed about how to move mu fiance in the usa to the uk

i have some follow up advice that i need.

but just as a reminder of the current situation. i have a council property that i rent, the maxium people alllowed is two people. i work full time and claim no benefits, so when my fiance moves here we will both eventually work and we will stay living here in my 1 bedroom council property (without resorting to public funds)

but here is the new issue i need advice about. my fiance has an autistic sister, she cannot look after herself at all, she cant even speak, and she has to be looked after like a child would need looking after. at the moment she is looked after by family in the usa but at some point in the future my fiance (her brother) will have to take over that responsibility

so here is what im confused about and what i need advice about. if he is in the uk at that point, how exactly do we get her to the uk? as she cant do anythign for herself i dont know how this proceess would work as she wouldnt be able to make any applicants to ''join family members'' and she is only his sister, shes not his daughter or anything like that .

the second issue is that how would she get money? at the momebt she gets benefits in the usa for obvious reasons, but if she came to the uk would she no longer be eligable for disability benefit as that would be considered using public funds (which is against the immagration rules right?)

and the third issue is that how would she be able to live with us? if my council tenancy only allows two people, would they allow her to live with us too? someone told me that considering she would be classed as a dependant and she has health problems that the council would be able to upgrade us to a 2 bedroom propetty but i am not sure how true that is? as that would be considered using public funds wouldnt it?

if somone can help me with all of this i would appreciat it. i have no idea about any of this and it is worrying us both.

[noajthan]

Sadly it is probably going to be next to impossible to achieve this.

https://www.freemovement.org.uk/out-with-the-old/

[Casa]

Sadly it is probably going to be next to impossible to achieve this.

https://www.freemovement.org.uk/out-with-the-old/

Even more so when she has other family living in the USA.

For the purposes of meeting the Immigration Rules there is no special concession if the present carers want to pass the responsibility on to your fiance.

As noajthan's link clearly explains, the route to settlement for adult dependent relatives has been virtually closed since July 2012.

[BabyBird]

Sadly it is probably going to be next to impossible to achieve this.

https://www.freemovement.org.uk/out-with-the-old/

Even more so when she has other family living in the USA.

For the purposes of meeting the Immigration Rules there is no special concession if the present carers want to pass the responsibility on to your fiance.

As noajthan's link clearly explains, the route to settlement for adult dependent relatives has been virtually closed since July 2012.

at the moment she is living with her uncle and grandmother, which are in their older years. so we are thinking long term, once her uncle has passed away there will be no other family left to care for her.

so what do we do in the situation where there is no other family? who would be able to look after her in her own country? are you saying it isnt possible at all for her to come here in those circumstances?

[Casa]

I suggest you read thoroughly the UKVI official guidance in this link and note in particular:
The Entry Clearance Officer (ECO) must be satisfied that the applicant will be
adequately maintained, accommodated and cared for in the UK by the
sponsor without recourse to public funds. If the sponsor is a British citizen or
settled in the UK, they must sign a 5-year undertaking to that effect, at the
entry clearance stage.

https://www.gov.uk/government/uploads/s ... FM-6.0.pdf

If you were incredibly fortunate to be granted the visa you would not qualify for larger council accommodation if your sister-in-law joined you. Neither would she be entitled to any benefits (Public funds).

[Casa]

Also note the following in the link I posted.
E-ECDR.2.3. The sponsor must at the date of application be-
(a) aged 18 years or over; and
(b)
(i) a British Citizen in the UK; or
(ii) present and settled in the UK; or
(iii) in the UK with refugee leave or humanitarian protection.


Your fiance (as his sister's sponsor) won't be considered to be 'settled' until he has been granted permanent residence (ILR) after 5 years living as your spouse in the UK.

[BabyBird]

I suggest you read thoroughly the UKVI official guidance in this link and note in particular:
The Entry Clearance Officer (ECO) must be satisfied that the applicant will be
adequately maintained, accommodated and cared for in the UK by the
sponsor without recourse to public funds. If the sponsor is a British citizen or
settled in the UK, they must sign a 5-year undertaking to that effect, at the
entry clearance stage.

https://www.gov.uk/government/uploads/s ... FM-6.0.pdf

If you were incredibly fortunate to be granted the visa you would not qualify for larger council accommodation if your sister-in-law joined you. Neither would she be entitled to any benefits (Public funds).

so basically the sponsor (he) would have to meet the same financial requirments that i currently have to meet to get him here to marry

do you think its highly unlikely that she will be granted permission to come here? i dont understand why its so hard.

thanks for the link, i will have a read throgh it all.

one last thing, would she be able to claim public funds at some point in the future such as disability?

[Casa]

If you take the time to read through the link, you'll find the information you need. Otherwise, I'm just copying and pasting this for you!

However, she will be unable to access any Public funds including disability benefits for the first 5 years.

E- ECDR.3.2. If the applicant’s sponsor is a British Citizen or settled in the UK, the
applicant must provide an undertaking signed by the sponsor confirming that the
5
applicant will have no recourse to public funds, and that the sponsor will be
responsible for their maintenance, accommodation and care, for a period of 5 years
from the date the applicant enters the UK if they are granted indefinite leave to enter.

[BabyBird]

If you take the time to read through the link, you'll find the information you need. Otherwise, I'm just copying and pasting this for you!

However, she will be unable to access any Public funds including disability benefits for the first 5 years.

E- ECDR.3.2. If the applicant’s sponsor is a British Citizen or settled in the UK, the
applicant must provide an undertaking signed by the sponsor confirming that the
5
applicant will have no recourse to public funds, and that the sponsor will be
responsible for their maintenance, accommodation and care, for a period of 5 years
from the date the applicant enters the UK if they are granted indefinite leave to enter.

in the article it says that the sponsor must be able to prove that he/she can support the person financially for 5 years but it doesnt say anywhre what the financial requirment has to be?

in the fiance/spouse visa which me and my fiance are currently going through, me, the sponsor has to meet the financial requirment of 18,500 per year to prove i can support him.

but that website doesnt give a figure on the amount that is required to prove that we can support his family member