Spouse Visa

[ahamd]

Hello All,

I myself am a British citizen, my wife is on spouse visa for 33 months and we would have to reapply after the first 33 months for extension completing 60 months. Finally after 60 months we would have to apply for my wife's indefinite leave.

I'm self employed and currently receiving housing benefit as my income is low.
Under the Immigration rules you are not entitled to receive public funds to help meet your living costs (or those of any dependent)‎. In addition your SPONSOR is not entitled to claim or receive public funds on your behalf.

Question: will the housing benefit I am currently receiving affect my wife's application to extend her spouse visa, given that housing benefit is in my name?
Please advise.
Thank you everyone in advance.

[Obie]

You will not be able to sponsor your wife again if you do not meet the 18,600 requirements unless you have children.

[vinny]

A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds they are entitled to.

[Obie]

Well the views I expressed are not as a result of the benefit the OP is claiming. He is to all intense and purpose a British or Settled Person. I was merely expressing those view's because this individual us claiming housing benefits and other form of benefits. It is highly likely that these mean's tested benefits will not have been granted , if he earned at the rate of 18600.

[vinny]

It's not clear if he's also receiving other allowances that would make a difference?

[ahamd]

Thank you Obie and vinny for your input. I believe Obie is right when he mentioned that housing benefit is unlikely to have been granted if my earnings was or exceeded 18600.

However, the question is that if my income has increased in the following months due to improving business and my income has reached or exceeded the financial threshold required, will my wife be able to get her visa extended while I'm still receiving housing benefits? Or do I have to stop receiving housing benefits in this case?

I have read the paragraph vinny mentioned several times, now and before. But it is not really clear what it actually means. A person subject to immigration control is not considered as accessing public funds if it is their partner who is receiving the funds they are entitled to. Does this apply to immigration matters or it only means that the person subject to immigration control has not breached the law to which they fall into?

And if it does apply to immigration control matters, why would their partner who is entitled to those public funds be required to prove otherwise when it comes to immigration matters?

[vinny]

Do they ask you to prove that you are entitled to the Public Funds?

More info:

Public funds page.

There is no objection to the British citizen / settled sponsor receiving any public funds to which he / she is entitled in his / her own right.

Details on current benefit and tax rates (means and non-means tested)

The fact that an applicant may not be eligible to claim public funds is not in itself sufficient to satisfy the requirements of the Rules.

An important factor to consider is whether there will be a need for the sponsor to claim additional public funds to support the applicant if leave to enter was granted.

Bear in mind that in some exceptional cases an applicant may be able to claim in their own right the public funds listed. This is either as a result of reciprocal arrangements between the UK and their home country, or as a result of the fact that they will be married to / living with a British citizen / EEA national. Where these exceptional circumstances apply, the applicant should not be treated as having recourse to public funds.

For more detailed guidance on this please read the immigration directorate Instructions, modernised guidance - public funds.

[ahamd]

Thank you very much vinny for the very useful information and links; the picture got clearer.

My question now is that, does a combined income (my income + my wife's) count as sufficient if it is 18600 or more?

Lets say I (the sponsor) earn 14000 and my wife earns 9000, will it be considered sufficient combined together?

[Casa]

Combined income will qualify but joint income must be declared to the HB office.