New to this forum, but I've had a look around, and it looks like a jolly good place with friendly people and helpful advice! Hopefully someone can help with a few questions and hopefully I can help others in the future with advice I've learned from my ongoing experience as well.
Wasn't sure which forum to put this in given my other half and I are not married, so technically not family I guess. Apologies in advance if posted in the wrong area and hope the mods will move it to the appropriate one if so.
OK then, here's the situation to help fill you in:
I am British born and resident in the UK and am currently on the following benefits (and have been for some years):
*Council Tax Benefit (full)
*Housing Benefit (not on LHA, but pre-LHA system. Almost full amount, slight restriction of about £2.50 a week less due to originally saying it was partly furnished - it was actually all provided, but I thought by adding my own they would see it as partly furnished anyway when they came around to check it a few months after first moving in years ago. I have a private landlord.)
*DLA (low mobility, middle care)
*Income Support (with severe disability premium)
I have a 10 and a half year relationship with a lady of Chinese descent from Hong Kong. She was born there, and holds a BNO as well as a HK SAR passport. She can visit here for up to 6 months, but has no right of abode. Lately, we have decided to make a life together here. She is prepared to give up her reasonably well paid job in Hong Kong to come and live here with me.
I am aware that we have to show we have lived together for 2 years when applying for the visa. Obviously despite our long relationship with visits a couple of times for 2 weeks each time every year, we have not done so - it's a bit difficult to stay for long when she has a job over there to go back to. However, as I previously mentioned she is thinking of giving up her job so that she can stay here to meet this requirement. She is also thinking of doing some unpaid volunteer work here if that helps her application - and hopefully will later on show potential employers that she hasn't been lazy and been using her time in a useful manner whilst not being able to work during that period.
My first question is how is this 2 year period possible to achieve if she can only stay here at 6 months at a time, and presumably UK immigration control might give her a hard time if she stays for example 5 months, goes back to Hong Kong for a month, then comes back for another 5 months, etc, until the 2 years are made up? Any advice how to make sure this isn't a problem for the immigration people? And does it have to be 24 straight months, or are short gaps allowed? That seems impossible to achieve if she has to leave every 6 months due to her passport period running out!
My second question is the recourse to public funds. Am I still entitled to my existing benefits if she comes here and lives with me as an unmarried partner and not working (as she is not allowed to work of course until she applies and hopefully gets the visa)? Obviously she would not be claiming any benefits for herself and I have no intention of claiming anything above what I already have as they are more than adequate for my needs and would be enough for both of us if it came to that. However, she plans to have her own money anyway, which links into my next question.
My third question is how much does it help if she has her own income? She is planning to buy a house here as a cash buyer with money from her family (no mortgage needed) and renting it for about £650 to £700 per month to have her own income whilst staying here in my home (which is rented but doesn't cost much to rent - there's a co-tenant, but we have separate rent agreements and our own rooms). And how will all this affect my benefits, and how much could I expect to have deducted when I tell the DWP about the situation? I don't mind that happening but it just helps to know by how much when planning budgets as I'm trying to do right now. Presumably she would have to pay Basic Rate tax on that rental income too when we tell Revenue and Customs about everything, but that's not a problem as there would still be a fair amount left after such deductions.
I currently have my own savings of about £3000 and don't receive any other income other than my benefits, not even from her. She has her own savings, but is likely to use most of that buying the house in addition to money given by her family when the time comes, but should still have some left afterwards. I guess that depending how much she has, that would affect my benefits as well once she starts living with me.
Many thanks in advance!
Asgard
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