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Spouse visa enquiries

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Mags
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Joined: Sun Jul 13, 2008 11:17 am

Spouse visa enquiries

Post by Mags » Sun Jul 13, 2008 11:30 am

Hi all, I'm looking for a wee bit advice regarding my husbands visa. I'm a Uk citizen and my hubby is an US citizen, I am 6 months pregnant and recently flew over to the US to get married, so I'm now back in the Uk and he's over there getting ready to send all the documents to the Embassy.

So I'm sending over my passport- tenancy agreement- proof of pregnancy- bank statements- photos of our wedding- and other wee bits and bobs.

The thing that's worrying me is, I receive benefits for being a loan parent and do not work due to being pregnant, will this be a problem? as his sponsor, I obviously can't support him financially, I called my local income support office and they said as soon as my husband arrives in the UK, they're going to stop my benefits as its his responsibility to provide for us and I do have a job lined up for him with my uncle, maybe if I explain all this they will look past it?

I'm just real worried about something going wrong and him not making it back for the birth, he's been away for 6 months now and its taking its toll on us both.. has anyone been in a situation similar to my own?

Any advice would be greatly appreciated, also, can anyone recommend a reliable and cheap courier service? I don't trust the Royal mail with important documents.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Jul 13, 2008 11:52 am

Only you can sponsor ur husband, no alternative.

I think you'll have to find a job after the birth to show some income, look at it from the ECO's view; lone parent not working bringing over someone else who is not working...

Provide a spreadsheet or something that shows how you will manage without additional benefits and showing how they will be reduced by ur husband living with you. Show his projected income although I think such income can be counted now (I think I read here) - you need to allay any fears the ECO has about use of public funds to finance a foreign spouse basically. Also show you are aware of the visa costs, relocation costs etc so the ECO knows you are on the ball.

Send a certified copy of your passport and docs, duly notarised.
An chéad stad eile Stáisiún Uí Chonghaile....

Mags
Newly Registered
Posts: 24
Joined: Sun Jul 13, 2008 11:17 am

Post by Mags » Sun Jul 13, 2008 12:41 pm

Wanderer wrote:Only you can sponsor ur husband, no alternative.

I think you'll have to find a job after the birth to show some income, look at it from the ECO's view; lone parent not working bringing over someone else who is not working...
Yes, that's the plan.. but I'm worried they wont take that into account atm.
Provide a spreadsheet or something that shows how you will manage without additional benefits and showing how they will be reduced by ur husband living with you. Show his projected income although I think such income can be counted now (I think I read here) - you need to allay any fears the ECO has about use of public funds to finance a foreign spouse basically. Also show you are aware of the visa costs, relocation costs etc so the ECO knows you are on the ball.

Send a certified copy of your passport and docs, duly notarised.
Ok, thanks.. well.. we both have supportive families, his dad supported his 6 month stay here and my family help out financially.. but its all hear say, we don't actually have any proof. Maybe letters from our parents stating they will help out until we both get jobs would help.

So I'll just have to try and prove that we wont rely on public funds, and from what I was told the other day, we couldn't get public funds even if we wanted to, so I'll explain that too.

So If I state that he will be getting a job as soon as he arrives from my uncle- I'll be returning to work after the birth- our families can and will help out if needed- and my public funds are to stop when he arrives in the Country.

Wish I had kept all the receipts from western union, his dad set him money every other week when he was here.

Ohh well.. fingers crossed. Thanks again for the advice, most appreciated. If anyone else has anything to add, feel free :D lol

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Jul 13, 2008 1:05 pm

Also any third-party support is not allowed aside from accommodation provided.
An chéad stad eile Stáisiún Uí Chonghaile....

Pharoah_Faisel
Newbie
Posts: 34
Joined: Fri Jul 11, 2008 12:19 am
Location: England UK

from visitor to spouse

Post by Pharoah_Faisel » Mon Jul 14, 2008 1:32 am

Hi all

just a quick question, Is it possible to obtain a spouse visa, whilst in the UK. My wife currently has a visitor visa, but we have been married in a registry office with Home Office approval. Does anyone know the procedure when applying for a spousal visa, from within the uk, can this be done?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Jul 14, 2008 8:29 am

Is it possible to obtain a spouse visa, whilst in the UK.
No
we have been married in a registry office with Home Office approval
Your wife got a CoA? And then the two of you got married in the UK? Even if that is the case she will still need to return to her country to apply for her spouse visa.
John

Mags
Newly Registered
Posts: 24
Joined: Sun Jul 13, 2008 11:17 am

Post by Mags » Mon Aug 11, 2008 10:46 am

Hiya all, just to let you know my hubby got his visa!! :D He applied and it was processed and sent out to him within two weeks!

The one thing I was worried about was the fact that I'm on benefits and don't work, but they looked past that, which is great!

Thanks for the advice and good luck to all who are waiting on their loved ones!!!

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Aug 11, 2008 12:12 pm

Mags, many congratulations! Glad it worked out, but then, why not?
I called my local income support office and they said as soon as my husband arrives in the UK, they're going to stop my benefits as its his responsibility to provide for us and I do have a job lined up for him with my uncle, maybe if I explain all this they will look past it?
Is your husband now in the UK? Have they stopped the IS? If so, it is wrong of them to do so, unless and until your husband is employed. But when he is employed, your IS should indeed stop, but instead the two of you will need to jointly claim Tax Credits. How much you will get in Tax Credits will depend upon how much he is earning.

Also, you are getting Housing Benefit and Council Tax Benefit? Is so you need to contact the office administering those and let them know of the change of circumstances. But again him merely moving in should not affect the amount of HB and CTB, but him starting to work will.

You might be concerned about your husband being a joint claimant for Tax Credits? If so, no need to worry, even though his visa has a "No recourse to Public Funds" restriction on it. In respect of a couple living together it would be very wrong for just one of the couple to be a sole claimant for TCs. But "small print" in the Tax Credits legislation, reg 3(2), Tax Credits (Immigration) Regulations 2003, as reinforced by rule 6B of the Immigration Rules, permits your husband to be a joint claimant with you, a British Citizen, without causing any problem.

Finally I ask this, because of a recent change in the Immigration Rules. Your husband's visa, is it for 2 years or for 27 months?
John

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