HELP....Applying for spouse visa and have a baby in the UK

[MSS]

If you want to apply for a spouse visa for your husband, and have a baby in the UK, can you get help with child care costs while you work from the government or is that seen as "recourse to public funds?". Also, is child benefit, seen as "recourse to public funds?" Desperately need to know the answer...

Also, does it make any difference if the spouse you are applying for (this case the husband), has a baby in the UK, and the mother is unable to work due to baby being so young - does father have any kind of rights to be able to be granted a visa? How well does referring to Article 8 of the Human Rights Act go down with the judge if you're in an appeal hearing?

Also, in regards to accommodation - is it ok if you are living with 1 parent, with a house big enough to accommodate your spouse and child, and your parent is paying all the bills.....if you have a letter from your parent saying they will house you for free and pay the bills for the house, can you still apply for spouse visa or do you have to have yur own house and pay your own bills?

ANY INFORMATION will be appreciated.....even if you think its not worth sharing, PLEASE SHARE!!!

[vinny]

If you want to apply for a spouse visa for your husband, and have a baby in the UK, can you get help with child care costs while you work from the government or is that seen as "recourse to public funds?". Also, is child benefit, seen as "recourse to public funds?" Desperately need to know the answer...

See also Public funds

Also, in regards to accommodation - is it ok if you are living with 1 parent, with a house big enough to accommodate your spouse and child, and your parent is paying all the bills.....if you have a letter from your parent saying they will house you for free and pay the bills for the house, can you still apply for spouse visa or do you have to have yur own house and pay your own bills?

Living with parents is acceptable (9.9) as long as it doesn't lead to overcrowding (9.12).

[MSS]

SO would that mean, if i were to sponsor somebody then i cant recieve child benefit, even though I and baby are British Citizens??? I thought everyone recieved child benefit regardless of how much they earn.....you cant get child trust fund without child benefit, so can someone explain please

[John]

MSS, so you are British or otherwise settled in the UK? You are married and now want to get your spouse to the UK?

OK, assuming the answer to be "yes" to both of the above questions, it is totally OK for you to claim Public Funds. So you are entitled to continue to claim Child Benefit, and no doubt Tax Credits as well.

The only problem that can arise is that if the only source of income is Public Funds then it can be doubtful that the financial test is passed. However you are working so that is not an issue for you.

After your spouse gets to the UK armed with the 2-year spouse visa, the Tax Credits claim needs to be altered. That is, in respect of a couple living together, the Tax Credits claim must be made jointly by the couple. For rather technical reasons this is totally OK for your spouse to be such a joint claimant, as detailed in reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by rule 6B of the Immigration Rules.

Do appreciate that when your spouse comes to the UK and starts earning, their earnings will be taken into account in setting the amount of the Tax Credits that are payable.

Where will your spouse be making their application?

[MSS]

Thank You John. Im a British citizenMy husband will be applying from Islamabad, but im not working at the moment due to having a baby, but want to start next month. Can I safely assume that when i do start working I will be able to get help with my babys child care costs? As Ive worked out I will be paying around £680 a month for this, leaving me with around £100-£200 a month to live on (not much point in working if i will only be pocketing this much, and it wont be enough to support myself and my baby and husband).
So as a sponsor, I can claim Tax credits as long as I am working? They dont frown upon the fact that a person claims any funds do they? Can they ever use this as a point of refusal?

[sajidmahmood]

See

http://www.ukvisas.gov.uk/servlet/Front ... 6517843636

Sponsors
Sponsors in the UK may themselves be in receipt of public funds. However, as long as a sponsor can show that the applicant is to be maintained without claiming additional public funds, the requirement of the Rules will have been met. The ECO should consider how long such a sponsor on limited means will be in a position to maintain the applicant, having regard to the position taken by the Asylum and Immigration Tribunal (AIT) in 2006 United Kingdom Asylum and Immigration Tribunal (UKAIT) 00065 Ka and Others (Pakistan)(see the box below under "dependants").