ILR/cash savings/benefits

[Aliyakz]

Hello there,

Im applying for LLE. My husband is a student, he stopped working February 2012. We got married in March 2012. Its a first marriage to both of us, none of us have any kids.

By now he has run out of the savings he had so starting April 1 2013 he has Council Tax and starting end of April 2013 Income based Jobseekers allowances.

He has a flat owned partially by his brother, brother agreed for me to live in a flat. Brother has a flat of his own, he is not married or been before, has no kids.

To meet financial reqs I will show my savings of 62 500, held for the last 6 months.

Question - will husbands benefits be considered as a recourse to public funds under Immigration laws?

Thank you.

[Amber]

Hello there,

Im applying for ILR. My husband is a student, he stopped working February 2012. We got married in March 2012. Its a first marriage to both of us, none of us have any kids.

By now he has run out of the savings he had so starting April 1 2013 he has Council Tax and starting end of April 2013 Income based Jobseekers allowances.

He has a flat owned partially by his brother, brother agreed for me to live in a flat. Brother has a flat of his own, he is not married or been before, has no kids.

To meet financial reqs I will show my savings of 62 500, held for the last 6 months.

Question - will husbands benefits be considered as a recourse to public funds under Immigration laws?

Thank you.

Are you applying under set(m)? How much income based jsa is being paid weekly?

[Aliyakz]

Unfortunately, I don't know what set (m) is. The amount is 71quid.

[MPH80]

Given you're posting in the family forum and you're applying for ILR, apparently as a spouse, given the mention of the £62.5k savings amount I'd really rather hope you'd know what SET(M) is as it's the form you use to apply.

So - what not start from the beginning:

1) What is your current immigration status and where are you?
2) What are you applying for?
3) What is the immigration status of your partner?

M.

[Aliyakz]

My husband is British citizen, born and raised in UK. Im applying for LLE. Im a citizen of Kazakhstan and im in KZnow.

[Amber]

My husband is British citizen, born and raised in UK. Im applying for ILR. Im a citizen of Kazakhstan and im here now.

Providing your spouse keeps getting a single person amount of income based jsa (£7x p/w) then it should pose no issue. I gather you'll be applying for settlement soon as the spouse of a settled person/British citizen following the two year probationary period under flr(m). In which case your savings are more than enough to adequately maintain yourself without recourse to publice funds. Or are you applying for further leave to remain under flr(m)?

However, what concerns me is that you've got more than £16k in savings in which case your spouse should not be receiving any income based jsa, housing benefit or council tax reduction/benefit as these are means tested. Your savings are taken into account as you're a couple. If you don't declare them it is benefit fraud!

[Aliyakz]

Thank you. Oh, im sorry for confusion, im applying for LLE..

We r really confused with this. I have been to many forums and consulted solicitors. Half/half. Btw im really negative ly surprised by visa solicitors, none can give a clear answer when I start showing immigration legislation links. Bad surprise about UK I don't like word sponsor either. My husband says how can I say im a sponsor if I haven't got any money)) just a share of my recent thoughts.

[Amber]

Thank you. Oh, im sorry for confusion, im applying for LLE..

We r really confused with this. I have been to many forums and consulted solicitors. Half/half. Btw im really negative ly surprised by visa solicitors, none can give a clear answer when I start showing immigration legislation links. Bad surprise about UK I don't like word sponsor either. My husband says how can I say im a sponsor if I haven't got any money)) just a share of my recent thoughts.

ILE as, under what category?

Have you seen here?

[Aliyakz]

Thank u. Yes, I have been there but I still don't understand what do u mean by a category. So I'm guessing it is SET (M) - settlement marriage. Im already married, I want to jiin my husband in the UK. This will be my first spousal visa, my previous UK visa is only tourist.
When I applied online I chose settlement, the first form from your link came out. At the end of the form I wss said to feel out Appendix 2 financial reqs. Otherwise no other docs (nor does it mention in the application form) I have read talk about categories the way you ask. Just LLE.[/list]

[vinny]

Applicants from outside the UK, nor visitors (E-LTRP.2.1) inside the UK, cannot apply for SET(M) nor FLR(M).

You may apply for a spouse visa from outside the UK.

[Aliyakz]

Oh, thank you, yeah. Now I see and understand, I couldn't have known about SET as its not the one I'm applying to. Mine is just the first step entry clearance as a spouse LLE.

So under my type if visa are husband s current benefits a recourse to public funds?
Thank u.

[Greenie]

JSA is a public fund but your husband is able to claim this as he is British. However with savings of £62500 he may not be eligible for jsa anymore assuming he is claiming income based jsa.

[Aliyakz]

JSA is a public fund but your husband is able to claim this as he is British. However with savings of £62500 he may not be eligible for jsa anymore assuming he is claiming income based jsa.

Thank u. So he is not supposed to claim income based jsa as I, his wife, have savings? I want to be sure. Unfortunately, jsa office dont even know what spouse visa is and can't reply a question.

[Amber]

JSA is a public fund but your husband is able to claim this as he is British. However with savings of £62500 he may not be eligible for jsa anymore assuming he is claiming income based jsa.

Thank u. So he is not supposed to claim income based jsa as I, his wife, have savings? I want to be sure. Unfortunately, jsa office dont even know what spouse visa is and can't reply a question.

No, once you are living as a couple - when you move to the UK. He will not be able to claim means tested benefits as you have more than 16k in savings, once you move to the UK the claim would have to be a couple claim and thus would include your savings. Until you live as a couple his claim is ok.

For your savings to count for the visa you must have them in a recognised financial institution in your country, have you checked this?

The reason you have been confusing solicitors is because you are using terms like ilr, ile etc indicating you are applying for settlement, when you're actually applying for a spouse visa outside the UK.

If you and your spouse meet the financial requirements and any other requirements the visa should be granted.

[Aliyakz]

Thank you. Maybe u r right about me confusing them

The bank I have my savings at has a licence with local FSA. Is it enough? I think KZ FSA has some cooperation agreement with UK FSA.

[Amber]

Thank you. Maybe u r right about me confusing them

The bank I have my savings at has a licence with local FSA. Is it enough? I think KZ FSA has some cooperation agreement with UK FSA.

Providing the financial institution it is not listed as unverified in Appendix P of the immigration rules it should be ok.

[Aliyakz]

Yeah, thank you. I saw it.

We will be living in a flat that my husband and his brother have inherited from their Mum. Brother has a flat of his own and gave me a written consent for me to live in a flat. Brother is not married and doesn't have any kids.

On the website below I read about cosponsoring
http://londonelegance.com/transpondia/a ... tion-notes

Should we do it? In fact my husband doesn't pay anything to his brother, this is how they agreed and shared after Mum passed away.

Thank u.

[Amber]

Yeah, thank you. I saw it.

We will be living in a flat that my husband and his brother have inherited from their Mum. Brother has a flat of his own and agreed for me to live in a flat. Brother is not married and doesn't have any kids.

On the website below I read about cosponsoring
http://londonelegance.com/transpondia/a ... tion-notes

Should we do it? In fact my husband doesn't pay anything to his brother, this is how they agreed and shared after Mum passed away.

Thank u.

If you think it will support your application then yes.

[Aliyakz]

Thanks. I hope a written consent by a brother should be enough. I will need to consider.

On the page 47 of UKBA public funds guidance they talk about case like ours I think.
http://londonelegance.com/transpondia/o ... blic-funds

Does it not contradict? Thanks. Sometimes I just doubt my understanding of English.

[Amber]

Thanks. I hope a written consent by a brother should be enough. I will need to consider.

On the page 47 of UKBA public funds guidance they talk about case like ours I think.
http://londonelegance.com/transpondia/o ... blic-funds

Does it not contradict? Thanks. Sometimes I just doubt my understanding of English.

For the purpose of benefits then once the claim becomes a couple claim as per the social security regulations (i.e. once you live together as a couple) then your partner will not be entitled to claim any means tested benefits (IS, IB-JSA, UC and IR-ESA) as you will have more than 16k in savings.

The UKBA must be satisfied that once you live in the UK you and your partner will not receive any public funds for you. If you wish to send your partner some money so that he does not have to claim IB-JSA prior to the application, there is nothing stopping you from doing that.

[Aliyakz]

Yes, I agree. Nevertheless me not sending money while he is claiming benefits shouldn't give grounds to refuse my LLE?

Also on UKBA do they anywhere mention cosponsors?

Thank u.

[Amber]

Yes, I agree. Nevertheless me not sending money while he is claiming benefits shouldn't give grounds to refuse my LLE?

Also on UKBA do they anywhere mention cosponsors?

Thank u.

No, so far as the UKBA are satisfied that when you arrive there will be no additional public funds paid in respect of you (but for those allowed as a couple - tax credits).

A tenancy agreement paying a peppercorn rent should be fine.

[Aliyakz]

Thank u. Im really sorry for being so annoying. I just know my marriage and we will be really upset if for what ever reason smthg goes wrong.

In regards tenancy agreement I just wonder how can they sign one if my husband is coowner too. On the link they talk the case when sponsor is actually living at a place owned by parents so they might as well sign something like renting a room or else. But how can this be done in our case? Thank u.

[Amber]

Thank u. Im really sorry for being so annoying. I just know my marriage and we will be really upset if for what ever reason smthg goes wrong.

In regards tenancy agreement I just wonder how can they sign one if my husband is coowner too. On the link they talk the case when sponsor is actually living at a place owned by parents so they might as well sign something like renting a room or else. But how can this be done in our case? Thank u.

Your partner could have an agreement. The UKBA just needs to be satisfied that you will be accommodated. If the property has enough rooms you should be ok.