disable spouse

[sohail akhter]

A guy was on working holiday maker visa. He got married to an disabled woman with British nationality. The wife was claiming all benefits from the council being a disable. The guy came to Pakistan for settlement visa. In the mean time the wife also gave birth to a son. The British High commission refused to issue visa stating that ur spouse is claiming benefits. I need to inform that the husband has 20000 pounds bank statement

Now I need to know that if a spouse is disable and claiming benefits; Can't he apply settlement visa for his /her partner being a disable.

Please share your knowledge and give me some useful link.

Thanks

[John]

The British High commission refused to issue visa stating that ur spouse is claiming benefits.

I doubt it. Can you post exactly what they did say please.

The British Citizen spouse is entitled to claim Public Funds, although in respect of certain benefits they cannot claim more benefit if their spouse is living with them, compared to if the spouse is not living with them.

[sohail akhter]

John, Thanks for your prompt reply.

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The exact wording of the refusal letter of the applicant is:

Your sponsor is registered disabled and is reliant on benefits for support, receiving Disability Living Allowance and Income Support and Housing Benefit. Whilst I accept that the level of disability living allowance will not change, there is however every likelihood that your going to the UK will result in an increase in the level of income support being paid to the sponsor. 281 (v) HC 395

I note that you were asked to provide your 6 months detailed bank statements which you have failed to produce and have also failed to give any credible reason for not doing so. You have also not given any credible source of balances in your bank account. Given these factors I am not satisfied that your arrival will not result in recourse to public funds. 281 (v) HC 395

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Let me tell you little more about the background of the applicant:

Applicant initially entered in U.K on WHM visa in 2001, at the end of 2nd year of WHM visa, applicant got 6 month extension. After six month he came back in time. While living in U.K the applicant worked and paid tax as per WHM visa rules and have a fix deposit of 22,000 pounds into him own bank account in U.K. (Applicant arranged this amount after working during his stay on WHM visa)

On the interview date, BHC advised applicant to bring his last 6 month bank statement, the applicant has claimed to be economically active in home country however was unable to produce his bank statement in home country for the last six month. However, applicant has produced the bank statement of 22,000 pounds of his fix deposits in U.K bank account.

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My question is: Is it possible for a disable person (claiming benefits as above applicant) to sponsor her/his spouse for settlement? What does law say? If he/she can sponsor then what evidence should be provided to show and ensure that the applicant and sponsor will not rely on public funds and will not claim more income benefits?

The case has been refused and is on appeal..... Is there any way out for the applicant to join spouse in U.K?

Thank you, I will be waiting anxiously for the reply.

[spicygumbo]

Hi Sohail Akhter.
I'm also in a similar situation as I'm claiming benefits, and am trying to find out if I'm able to marry my partner and bring her to the UK.
The bit about the partner who is a UK national claiming benefits is a slightly grey area that is very often misquoted & misunderstood by many people. I've contacted people from immigration who've given me conflicting answers regarding people claiming benefits!
Maybe somebody who is, or was in a similar situation regarding claiming benefits shed some light on this?

But I hope that your appeal comes through in the end.
Good luck!

[momer79]

Hi,

You can call home office in uk and ask for details.

thanxs

[John]

The bit about the partner who is a UK national claiming benefits is a slightly grey area that is very often misquoted & misunderstood by many people.

I don't agree that it is a grey area, but it is a very misunderstood area. It does not surprise me that different advisers are given out different answers to the questions. And personally I would have no confidence, automatically, if questions about this were asked of the Home Office.

The fact is that a UK Citizen spouse is most certainly entitled to continue to claim UK benefits. They have a right to do so. However, that UK Citizen spouse is not entitled to claim more benefit of things like Housing Benefit and Income Support is their spouse does get their visa and move to the UK.

Also, as regards Tax Credits, it is totally OK for a UK Citizen spouse, and their visa holding spouse, to jointly claim Tax Credits.

But there is an underlying problem here, but it is a different problem as to whether the British Citizen spouse is entitled to claim benefits. The problem is .... is the amount of those benefits sufficient to show that the visa applicant will not need to claim Public Funds? Receipt of benefits from the UK Government, whilst useful, does not exactly give the ability to live in luxury!

So sohail akhter, that is the problem I think is highlighted in the refusal notice you post. That should be cured by the applicant getting a firm job offer before they come to the UK, thereby showing hopefully that the financial test will be met.