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Dear Sir,
It sounds like she is living on welfare benefits? She can work and get a % percentage of her childcare paid. She is only getting Tax Credits/Universal Credit for 2 children because of the 2 child limit, but there is no limit for the number of children she can have childcare for.Muhammad jabbar 1993 wrote: ↑Wed Sep 30, 2020 1:10 amI am a Pakistani citizen. In 2019 I got married with a British girl who had 3 kids from previous marriage. She can't work full time because of 3 kids so was unable to fulfill financial requirements.
We applied for spouse visa on basis of human rights and attached letter explaining that because of 3 kids she can't work full time and she can't leave UK as kids have settled life there. Kids are 7, 4 and 2 years old.
Where were you married with her?Muhammad jabbar 1993 wrote: ↑Wed Sep 30, 2020 1:10 amI am a Pakistani citizen. In 2019 I got married with a British girl who had 3 kids from previous marriage.
JB007 wrote: ↑Wed Sep 30, 2020 6:31 pmMuhammad jabbar 1993 wrote: ↑Wed Sep 30, 2020 1:10 amI am a Pakistani citizen. In 2019 I got married with a British girl who had 3 kids from previous marriage. She can't work full time because of 3 kids so was unable to fulfill financial requirements.
We applied for spouse visa on basis of human rights and attached letter explaining that because of 3 kids she can't work full time and she can't leave UK as kids have settled life there. Kids are 7, 4 and 2 years old.
It sounds like she is living on welfare benefits? She can work and get a % percentage of her childcare paid. She is only getting Tax Credits/Universal Credit for 2 children because of the 2 child limit, but there is no limit for the number of children she can have childcare for.
Dear sir,seagul wrote: ↑Wed Sep 30, 2020 7:35 pmWhere were you married with her?Muhammad jabbar 1993 wrote: ↑Wed Sep 30, 2020 1:10 amI am a Pakistani citizen. In 2019 I got married with a British girl who had 3 kids from previous marriage.
If UK, then was that an Islamic marriage only?
Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 1:02 amJB007 wrote: ↑Wed Sep 30, 2020 6:31 pmIt sounds like she is living on welfare benefits? She can work and get a % percentage of her childcare paid. She is only getting Tax Credits/Universal Credit for 2 children because of the 2 child limit, but there is no limit for the number of children she can have childcare for.
My wife had permanent part time job she was working 2 night shifts in a week as her mother drives 45 minutes to come at her home to be with kids.
...
From part time job and including all other benefits was making £13205.04 per year.
...
Please suggest us.
Which other benefits is she receiving?Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 1:02 amMy wife had permanent part time job she was working 2 night shifts in a week as her mother drives 45 minutes to come at her home to be with kids. From part time job and including all other benefits was making £13205.04 per year.
See also Financial support from a third party.Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 1:02 amOn the basis of exceptional circumstances we had 3rd party support also from my family relative who earn £40957.47 per year.
vinny wrote: ↑Thu Oct 01, 2020 10:37 amWhich other benefits is she receiving?Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 1:02 amMy wife had permanent part time job she was working 2 night shifts in a week as her mother drives 45 minutes to come at her home to be with kids. From part time job and including all other benefits was making £13205.04 per year.
Does that mean they have to keep the person who gets the visa?vinny wrote: ↑Thu Oct 01, 2020 10:47 amSee also Financial support from a third party.Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 1:02 amOn the basis of exceptional circumstances we had 3rd party support also from my family relative who earn £40957.47 per year.
Yes we submitted valid all documents 6 monts Payslips, sponsor letter, 6 months bank statement, letter from employer. But issue is they not considered 3rd party support as they said no information about exceptional circumstances while we attached a letter explaining whole situation about kids. And refusal clearly put us in really hard situation. If my wife move out of UK kids will be effected and even their biological father who is settled in UK have parental rights on kids which stops her to do so.vinny wrote: ↑Thu Oct 01, 2020 10:47 amSee also Financial support from a third party.Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 1:02 amOn the basis of exceptional circumstances we had 3rd party support also from my family relative who earn £40957.47 per year.
SirJB007 wrote: ↑Thu Oct 01, 2020 11:37 amDoes that mean they have to keep the person who gets the visa?vinny wrote: ↑Thu Oct 01, 2020 10:47 amSee also Financial support from a third party.Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 1:02 amOn the basis of exceptional circumstances we had 3rd party support also from my family relative who earn £40957.47 per year.
It sounds like his wife has been claiming low income benefits for quite some time and is likely on the old benefits, Child Tax Credit, likely Working Tax Credit as she works two evenings a week and is perhaps trying to work 16 hours a week to get the WTC benefit too? And I assume, the benefits Housing Benefit for her rent and Council Tax Benefit/Reduction? Income Support for a single parent too?
All of those low income welfare benefits are replaced by Universal Credit and the OP being in the UK will move his wife to Universal Credit, with no transitional protection (from lower benefits amount being paid). Universal Credit also has the 2 child limit.
Dear sir we been in relation from 2 years and we have a very loving relation. We went through for interview also we satisfied them the Guinness of our relation and we fulfill all requirements of application. Only financial requirement was issue but my uncle offered us for support.THO wrote: ↑Thu Oct 01, 2020 3:00 pmMuhammad,
Your issue is, you are not eligible for a visa, didn't you check what would be needed before you got married, or did you think you could find a way around them? You do not have any savings, your wife does not earn enough, and in-fact relies heavily on the state, and there is no clear evidence that you have the funds to pay the Spouse Visa fee or IHS fees too.
All too often people do anything they can to get to the UK, which includes marrying a UK citizen and this is why the visa has restrictions. I'm not saying you are not genuine, but why did you chose someone in the UK and not Pakistan? That is what the HO will be thinking, that this is not genuine.
Sorry, but I think you will not be successful and it will be a long time to settle this.
Zerubbabel wrote: ↑Thu Oct 01, 2020 8:25 pmHello,
I think the major weakness of the case, is that the kids are not yours. Your wife had these kids from a previous marriage and their father could be just around the corner.
What's your relationship with these kids? Did you raise them?
If there is no strong documented relationship with the kids (that's to say you are the father figure for them), then the refusal of the visa separates you "only" from your wife.
Being separated from your wife, doesn't trigger the exceptional circumstances case. Otherwise, any British person can claim these circumstances in order to avoid meeting the financial requirements directly.
You are not alone in this situation. I see routinely people separated from their other half and sometimes even with their own biological children due to inability to meet financial criteria.
You can read more in the official guidance here:
https://assets.publishing.service.gov.u ... .0-ext.pdf
See from page 62 onward.
To put it simply, a British citizen has the right to travel abroad and marry a person of his/her liking. No issue with that. But there is no absolute right to bring that person back with you to the UK.
The fact that the British person cannot leave the UK due to family obligations, job, business, health... usually doesn't create a dispensation from meeting the financial requirements.
Some people have been refused even after meeting the financial requirements. As there is no absolute right to bring a spouse to the UK, the Home Office sometimes turn around and tells the British person: just leave the UK and go to your spouse country to live there as a couple.
Really, the spouse route in the UK is very weak and doesn't have automatic and strong entitlement to immigration.
In my opinion, the third party support might only be played successfully where if your wife has the sole custody which isn't the case in your circumstances, means no exceptional circumstances are involved, as the biological father is available to supervise the kids. Can't your uncle lend you £62500 for 6 months because the same or even greater time you might have to consume over appeals.Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 8:53 pm
1. kids are under 18 age and living with their mother.
2. Their biological father have parental responsibility that stops her to move kids out of UK.
Muhammad jabbar 1993 wrote: ↑Thu Oct 01, 2020 8:53 pmZerubbabel wrote: ↑Thu Oct 01, 2020 8:25 pmHello,
I think the major weakness of the case, is that the kids are not yours. Your wife had these kids from a previous marriage and their father could be just around the corner.
What's your relationship with these kids? Did you raise them?
If there is no strong documented relationship with the kids (that's to say you are the father figure for them), then the refusal of the visa separates you "only" from your wife.
Being separated from your wife, doesn't trigger the exceptional circumstances case. Otherwise, any British person can claim these circumstances in order to avoid meeting the financial requirements directly.
You are not alone in this situation. I see routinely people separated from their other half and sometimes even with their own biological children due to inability to meet financial criteria.
You can read more in the official guidance here:
https://assets.publishing.service.gov.u ... .0-ext.pdf
See from page 62 onward.
To put it simply, a British citizen has the right to travel abroad and marry a person of his/her liking. No issue with that. But there is no absolute right to bring that person back with you to the UK.
The fact that the British person cannot leave the UK due to family obligations, job, business, health... usually doesn't create a dispensation from meeting the financial requirements.
Some people have been refused even after meeting the financial requirements. As there is no absolute right to bring a spouse to the UK, the Home Office sometimes turn around and tells the British person: just leave the UK and go to your spouse country to live there as a couple.
Really, the spouse route in the UK is very weak and doesn't have automatic and strong entitlement to immigration.
Thank you so much for your response.
In our case it's impossible for my wife to move out of UK as ...
1. kids are under 18 age and living with their mother.
2. Their biological father have parental responsibility that stops her to move kids out of UK.
3. If she is forced to move out to live with me it clearly will effect kids life.
4. My wife and kids are British they only know English language.
5. They never lived in any other country more than 2 months.
6. It will not be easy for them to even adjust in Pakistan as the culture, language a lot is totally different.
7. They all are British and don't have any other nationality or visa to move Pakistan.
8. We have tried to sort it but we can't see any solution where kids can have a best life.
9. I have a strong bond as a parent to kids. As I be active in there lives.
10. Kids are attached to me more than their biological father.
11. I also support my wife some times. I can't do regularly because of big economic difference.
12. If they say there is no exceptional circumstances if separate couples only. Then definitely my we will not have option and if my wife will be forced to move out it will effect 4 of them life. It's easy to move one person than 4.
We have a list of hurdles but we will be so thankful if anyone can advise us to add a strong point.
And clearly we have a genuine 3rd party support that shows I will not be any burden on public funds.
If they consider our 3rd party support we will not have any other issue.
Thank you.
Thank you sir for your response.Zerubbabel wrote: ↑Fri Oct 02, 2020 9:54 amI think you are focusing too much on the kids in the belief that they would trigger exceptional circumstances.
In this case, they don't as they are not your kids.
The mere fact that if the visa is refused, you would be separated from your wife doesn't trigger exceptional circumstances as all spouse visa refusals lead to separation of the couple.
The third party support is not accepted routinely. It's only accepted when you can justify exceptional circumstances other than just being separated from your wife.
You may still come to the UK using a different route such as Tier 2, Start-up visa... etc but I don't see how you can qualify for spouse visa in the UK with the circumstances you just described.