Benefits: Caution for Post 9 July 2012 partner applicants

[inzaghi]

I am wondering what people who claim some form of benefits will write on the financial requirement section on the application form which ask if you or your partner receive any benefits. This area is a trick to refuse visa for people whose sponsor have the right to claim some benefits. Those who will be extending their stay should check this clause very carefully if you will not extend using all income from benefits. With this trick some people will be denied when they extend their spouse visa. There is no option on the form to tell if is you the sponsor or the sponsored that receive benefits. You tick that you receive benefits it tells you to use the other option...income from benefits. I must state this is not the case for pre july 2012 applicants I believe the home office has delibrately skewed the question in a way to prevent partners who have the right to claim not to do so. For instance if your sponsor takes child benefit and you tick the box on the form that none of you does just to fill the first part of the section, they will say you lied when they check with the relevant state department. My advice for those in this category is to stop receiving any form of benefits if your partner is still subject to immigration control and will renew in the future ie FLR and ILR unless someone knows the best way to go around this. Comments and replies welcomed.

[Amber]

For SET(M) or FLR(M)?

[inzaghi]

Sorry the heading of my post should rather be post 9 july 2012 applications.

[inzaghi]

For SET(M) or FLR(M)?

@Amber Both

[Amber]

I'm not sure what your point is? Unless you're exempt from the Financial Requirement, Appendix FM prevents you from using income derived from Benefits as earnings.