im claiming not my wife?

[diggertroc]

Hey, just a quick question.


My wife got her spouse visa before 9th July 2012, it currently runs till October 2014. We want to apply or the settle in the UK visa for her which she is eligable for.

We have 1 child (born in the uk) and have all documents to prove we have lived together etc aswell as her going for Life in UK test and going to pass English B1 test.

I have been claiming JSA for a while aswell as housing benefit, child tax credits. On the application for settle it says i must show i have enough money to adequalty support without public funds. Obviously I have been claiming these funds for a while and they get paid into my personal bank account except Child benefit which gets paid into our joint account.

What should I do when applying for the settlement visa as in showing my earnings?

[Amber]

See also Adequate maintenance: Calculating after April 2014 (click).

[diggertroc]

Thanks for the reply, I do have adequate funds but this is only through claiming benefits.

It asks for bank statements & payslips (i dont have employment)

I have a bank acount which shows my benefits being paid into

Would proof of claiming JSA be acceptable?

[Amber]

Are you sure you have adequate maintenance? I assume, your JSA is a single person amount, as is the housing benefit and council tax reduction?

[diggertroc]

I get £113 a week on JSA at the moment, when I applied for it I made it clear my wife wasnt entitled to public funds and they scanned her passport showing this.

At the moment I get roughly this weekly:

JSA £113
Child Tax £66
Child Benefit £20
=£199
(I do get my rent paid by housing benefit and council tax reduction)

My Rent £86
Council Tax £23

I dont understand if this is acceptable.

If it is not another option I have is to work but only (16-25 hours per week) on minimum wage, this along with benefits would be more.

Please someone give me some advice as my wifes visa is up in October and I would need to start getting some proof of income sorted as evidence for settlement visa.

Thanks for replys

[Amber]

What Country is your spouse native?

[silverbird]

Hi

I have applied for FLR M in May 2012 (before the 18,600 threshold rule was put in place).
I got refused December 2013 as home office didn't see our marriage certificate for some reason and didnt bother to research or ask which made them refuse my application. but we are married and that silly mistake of them not searching is wasting my precious life time and making me sitting at home jobless and miserable for over 2 years now.

I lost my job because of this waste of time as my work which were very helpful waited for my visa renewal but unfortunately had to let me go because my visa application is pending. Thank God I had a few saving and I had to finish all that saving paying bills and rent because we weren't claiming any benefits before the refusal date.

After I got refused I was so let down as we now have 2 kids and I can't imagine leaving my family as I can't take them back home with me for security reasons.
We started claiming housing benefits in my partners name after the refusal as I have burnt all my savings (imagine leaving with no job for over a year).

I appealed the refusal and got a court date for October this year 2014, however I want to ask a few questions.
My partner currently earns about £600 a month and to be on the safe side I want to stop claiming housing benefits but is it ok to stop the housing benefit now?

Will the court check if we claimed housing benefits OR will it be a problem in court that we claimed housing benefits from last December 2013? As i don't think anyone can survive being jobless for over 2 years and the refusal was the home office's fault.

At the moment we claim Child tax credit and Child benefits for the kids which I learnt is ok.

Please advise me regarding the housing benefits, what should I do before going to court for the appeal?

Thank you in advance for your time.