Query - Maint. & Accomodation for spouse visa applicatio

[Shortyangel]

According to the Home Office Website Family Members, CH8, Sect 1, paragraph 3.5 quotes:- Maintenance & Accomodation requirements are set out in the rules- Applicants will provide information on these requirements when completing the application form. The whole application should be assessed according to the rules and refusal on maintenance and accommodation grounds alone is likely to be rare. To ensure a consistent approach accross the IND, maintenance and accomodation should be included in the grounds for refusal only if this has been approved at SEO level or above.

My brother is already a UK resident and will be marrying a lady from Bangkok (who is in the country with 3 weeks remaining of a 6 month visitor visa) she plans to live in the UK with my brother and will be applying for a spouse visa when they marry. He has a two bedroom council flat in the UK where there will be just two of them living there. He is partially deaf and blind and is unable to work but he feels he has enough for both of them (but has been told the intended application is weak) He will be receiving about £30,000 from our mother who has passed away. He was devasted to be told this by the CAB. Now having read this article im confused. Surely having the accomodation in place and reasonable? funds? albeit disability benefits, he has a good application hasnt he????

PLEASE HELP SOMEBODY!!!!!!!!!!!!!!

[Shortyangel]

According to the Home Office Website Family Members, CH8, Sect 1, paragraph 3.5 quotes:- Maintenance & Accomodation requirements are set out in the rules- Applicants will provide information on these requirements when completing the application form. The whole application should be assessed according to the rules and refusal on maintenance and accommodation grounds alone is likely to be rare. To ensure a consistent approach accross the IND, maintenance and accomodation should be included in the grounds for refusal only if this has been approved at SEO level or above.

My brother is already a UK resident and will be marrying a lady from Bangkok (who is in the country with 3 weeks remaining of a 6 month visitor visa) she plans to live in the UK with my brother and will be applying for a spouse visa when they marry. He has a two bedroom council flat in the UK where there will be just two of them living there. He is partially deaf and blind and is unable to work but he feels he has enough for both of them (but has been told the intended application is weak) He will be receiving about £30,000 from our mother who has passed away. He was devasted to be told this by the CAB. Now having read this article im confused. Surely having the accomodation in place and reasonable? funds? albeit disability benefits, he has a good application hasnt he????

PLEASE HELP SOMEBODY!!!!!!!!!!!!!!

Hi everyone,

I desperately need a reply please!!!!!!

[Casa]

Firstly, is your brother aware that if his fiancee is here on a visitor visa she will have to return to Thailand and apply for a spouse visa to re-enter the UK. She can't switch from visitor to spouse from within the UK. Have they applied for a COA from the Home Office to marry here?
The CAB aren't always correct in their information regarding immigration, but in this case they are right in advising it will be difficult to prove your brother will be able to support his wife financially if he is only subsisting on Public Funds. He will need to prove that once his wife joins him he won't need to claim additional benefits for her. Once he has the inheritance from your late mother his application will look stronger are far as finances are concerned. He will still have to prove however that the relationship is genuine. You say that your brother is a 'UK resident'. Does he have British nationality?
Are both your brother and his fiancee over 21?

[Shortyangel]

Firstly, is your brother aware that if his fiancee is here on a visitor visa she will have to return to Thailand and apply for a spouse visa to re-enter the UK. She can't switch from visitor to spouse from within the UK. Have they applied for a COA from the Home Office to marry here?
The CAB aren't always correct in their information regarding immigration, but in this case they are right in advising it will be difficult to prove your brother will be able to support his wife financially if he is only subsisting on Public Funds. He will need to prove that once his wife joins him he won't need to claim additional benefits for her. Once he has the inheritance from your late mother his application will look stronger are far as finances are concerned. He will still have to prove however that the relationship is genuine. You say that your brother is a 'UK resident'. Does he have British nationality?
Are both your brother and his fiancee over 21?

Hi Casa, Thank you so much for the information. My brother and his fiancee are both over 21 and he is a British national, born in England and has lived here for 50 years. I know the relationship is genuine and they have been living together for nearly six months. Yes he does realise she has to go back (in 3 weeks) and cannot apply for a spouse visa while she is still her. They plan to marry in Thailand. I hope this gives you enough information! Thanks again

[Casa]

The ECO won't take the inheritance money into consideration until your brother has received it. Any chance of his fiancee getting a written job offer while she's here? That would help enormously.

[Shortyangel]

The ECO won't take the inheritance money into consideration until your brother has received it. Any chance of his fiancee getting a written job offer while she's here? That would help enormously.

Hello Casa, Is she allowed to work? she has only a visitor's visa.

[Casa]

No, she can't work at present, but she could get a written job offer ready for when she returns on a spouse visa.

[Shortyangel]

No, she can't work at present, but she could get a written job offer ready for when she returns on a spouse visa.

Thank you again for the additional information, I really appreciate it and will pass it on!