Demonstrating ability to support husband and one child

[SoHopeful]

I am currently looking for a job to support my husband's spouse visa, but i have one query regarding how i evidence my income.

I know that i need to be able to show i will have £105.95 for myself and my husband and £62.33 for my son after rent and council tax, but the £62.33 will already be covered by tax credits and child benefit. Therefore would it be ok to assume that all i need to prove is my actual income from employment will be enough to support myself and husband?

[batleykhan]

Yes thats right. Wage slips, letter of employment.P60 etc should suffice

[SoHopeful]

Another question on the back of the initial query...
I have been job hunting since July and still no job in sight. Due to the current state of employment in the country, i am now looking for any kind of job from minimum wage up. In my circumstances, i have used income calculators to work out what my take home amount would be and i discovered i could get about £100 in working tax credits per week and would also receive help with council tax and rent in addition to my pay. I know child tax credits and child benefit cannot be used to support hubby in my calculations, but will i be eligible to sponsor whilst getting working tax credits, council tax and housing benefit contributions?

[John]

I know child tax credits and child benefit cannot be used to support hubby in my calculations

Your child is already in the UK? You are already getting Tax Credits and Child Benefit?

So it is only your husband who requires a visa?

Please clarify.

[SoHopeful]

Apologises i should have been more clear.

Yes - my son is here with me and i currently receive CTC and CB. It is just my husband who will require a visa.

My low income PLUS WTC will enable me to meet the income requirement along with reduced rent and council tax, but is this assistance permitted for sponsors?

[John]

is this assistance permitted for sponsors?

Yes it is. What cannot be taken into account is any increase in the amount of the benefits should the visa be granted. That is, para 6C of the Immigration Rules says that to be the case.

Until para 6C was added, only a few years ago, and the easiest way to illustrate this is with the application for a Child Settlement visa, where if the visa is granted, it might be the case that Child Benefit and Tax Credits might be payable. Pre-6C those prospective benefits could be taken into account, but now they cannot be taken into account.

But no problem taking pre-existing benefits into account, in deciding whether the financial test is passed.

[SoHopeful]

Thank you for the clarification John. Deep sigh of relief there!

[SoHopeful]

Another query i hope you can clarify for me John...

As i have yet to find a job, i have used benefit calculators using the hours and pay on jobs i have been applying for to work out figures for the application. My worry now, is that once my husband arrives, i don't know how that will impact on the housing and council tax benefit as well as the tax credits as we will have to do joint applications despite him not being eligible to receive anything.

Will the ECOs question this when considering the application and wonder if i may struggle if the benefits and tax credits may decrease on his arrival, assuming i am on minimum wage and he wont have a job straight away??

[John]

When your husband arrives, if he is not earning anything, and your paid-for childcare costs have not altered, the amount of the benefit will remain unaltered.

But if, for example, your husband gets a job, and therefore the family income increases, of course the means-tested benefits such as Tax Credits will tend to go down.

........... as we will have to do joint applications despite him not being eligible to receive anything

You appear to be confusing benefits and Public Funds. Public Funds are specifically defined by para 6 of the Immigration Rules, but even that definition is altered by three small paras that follow, 6A to 6C.

All of that means, for example, in your circumstances, a joint claim for Tax Credits is totally OK.

[SoHopeful]

OK, so claims for means tested benefits for housing and council tax also, would these be joint claims also? And i will still receive the same amounts until he is working??

[John]

I presume you are currently getting the 25% single (counting) occupant discount for Council Tax? If so, as soon as he moves in you need to notify the Council of that fact, and accordingly that 25% discount will be withdrawn.

This might mean that after a recalculation of Council Tax Benefit that you might need to pay more.

The claims for HB and CTB will be in your name, but any income your husband earns will need to be reported to the Council.

[SoHopeful]

Hi John,

Yet another query...
I have since read the WTC cannot be used as part of the income to support a spouse. Is this correct?

[John]

No. Where did you read that?

[SoHopeful]

Ok, thanks.

On another forum where a qualified advisor answered a similar question, they stated that WTC is for UK residents/children eligible, not for anyone subject to immigration control.

[Greenie]

Ok, thanks.

On another forum where a qualified advisor answered a similar question, they stated that WTC cannot be included in the maintenance because it is to support the named claimant and any children included.

WTC is part of your household income, therefore it is included in your calculation.

[Obie]

Also see.

A person (P) making an application from outside the United Kingdom will be regarded as having recourse to public funds where P relies upon the future entitlement to any public funds that would be payable to P or to P's sponsor as a result of P's presence in the United Kingdom, (including those benefits to which P or the sponsor would be entitled as a result of P's presence in the United Kingdom under the regulations referred to in to paragraph 6B)".

[SoHopeful]

Thank you guys.

[John]

Para 6C has been quoted. i shall not quote the whole wording again but I do emphasise the words "that would be payable ....". That is, 6C is saying that you cannot take into account benefits that would be payable if the visa was granted.

Prior to 6C being added to the Immigration Rules, applicants were arguing that prospective extra benefits could be taken into account in deciding whether the financial test was passed.

For example, say an application for a Child Settlement visa, and Child Benefit would be payable if the child got to the UK after the visa was issued, people were claiming the prospective (extra) Child Benefit could be taken into account.

Para 6C stops that happening. That is, it stops prospective benefits being taken into account when deciding the visa application.

6C has no impact on benefits already being claimed, before a visa is issued.

[SoHopeful]

So i suppose this rule could go the other way, where in fact benefits maybe reduced as opposed to increased due to an arrival? I would not have to worry about proving how we would maintain ourselves if i would receive a reduction in particular benefits as a result of my husband's arrival?

[John]

So in the absence of the newly-arrived spouse having income from working, how would the benefits go down?

And if the newly-arrived spouse does start working, the amount of the income will exceed the reduction in benefits.