Advice seriously needed ! Complicated situation (I think) ~

[frisbee]

Hello and thanks for reading.

Well, the situation is this:
I am british, and claiming income support, housing benefit, and disability living allowance. This has been the case for some time, partly institutionalised but equally health issues are serious and degenerative. Miraculously however, I have a girlfriend and we would like to get married, not least as her visa is expiring in october. She is a Canadian national.

I am broke and a post-graduate student, she is an unskilled worker. (hmmm) as in, she came here to study but had to drop out through lack of funds and has been abandoned by her family. She has no money either, the governement covers me and her crap job covers her just about.

Can we get married? And what effect would the benefits have on the situation? If they were cut life would be unfeasably complicated and unpleasant. Are they enough to stop a visa being granted?

I've been trying to research this for ages and only just thought to look for forums. The citizens advice beureau were little help when my girlfriend visited but I don't know what questions she asked exactly.

Thanks for reading and any tips or advice would be hugely appreciated... staring into the abiss at the moment and rather stressed out. As is everyone on this forum I suppose. Anyway...

Thanks

D

[vinny]

Unfortunately, it may be difficult to satisfy the maintenance and accommodation requirements.

[frisbee]

hi Vinny.
Just read the page you linked to. Couldn't quite take it all in... We live together now and have two rooms within a share house of four. Hre rent is particularly cheap as the room is tiny. Which aspect of the maintenance and accomodation requirements do you think are the problem? Is there a way to make clear she will not be claiming benefits? Or does she automatically as a wife fit into my world of government dependancy?
Goodness... anyway thanks for the reply,

Daniel

[vinny]

If income or savings are low, then see also Refused mainly on Income!!! and Sponsors Financial Situation -URGENT HELP NEEDED!!!.

[Wanderer]

Also if she has stopped studying she is in breach of the terms of her student visa and technically illegal.

In addition, I think upon applying for a spouse visa they will ask for records of college attendance and satisfactory progress. If she can't satisfy that requirement I think she's looking at the very least a trip home to apply from there.

Is she working full-time? A student is only allowed to work 20 hrs a week.

I think ur HB will be affected and maybe ur IS if u've not declared you have another person contributing to the household finances.

My recommendation would be for her to stop working immediately, apply for a CoA (to marry) then spouse visa (bear in mind this will cost about £600) and hope they don't ask about student records. If they do, then budget for a trip home and a similar application from Canada.

[frisbee]

thanks Wanderer
hmmm,
yes she's been working full time since she had to drop out of university coming up to two years ago, but still has paperwork from the university that has allowed her in and out of the country.

My research did suggest that if I get married my benefits get slashed to nothing but have not managed to clarify that. All a bit of a mess.

I've kept her out of the benefits world as we are independent financially and still broke. If married would the benefits people know if you didn't tell them?

Desperate times... at the moment the plan seems to be forming that she'll become an illegal imigrant by default as she has no money for a plane to canada nor anywhere in canada to stay nor people to see.

The only thing my research has suggested is leaving and coming back on a two year working tourist visa or something, which may be time to look into other options.

[ciaramc]

I think they will know if you get married as you will result as a married person anyway even if you didn't inform the benefit people of your marriage, when they eventually find out which they will you and your future wife will be in serious trouble....probably here more than you?

As previously stated by I think wander she is in current breach of her visa conditions! Both by no longer studying and by working full time when she is caught she will be deported! Which will make it harder for both of you? Have a good read of the links provided and also the UKBA spouse/sponsor page to see the requirements?

[republique]

thanks Wanderer
hmmm,
yes she's been working full time since she had to drop out of university coming up to two years ago, but still has paperwork from the university that has allowed her in and out of the country.

My research did suggest that if I get married my benefits get slashed to nothing but have not managed to clarify that. All a bit of a mess.

I've kept her out of the benefits world as we are independent financially and still broke. If married would the benefits people know if you didn't tell them?

Desperate times... at the moment the plan seems to be forming that she'll become an illegal imigrant by default as she has no money for a plane to canada nor anywhere in canada to stay nor people to see.

The only thing my research has suggested is leaving and coming back on a two year working tourist visa or something, which may be time to look into other options.

Very risky. If HO figures out that she is not studying, they can very well pick her up and deport her. Thats nice that you have kept her off benefits since she is not allowed to avail herself of them.
Well it doesn't really matter that she has no one to depend on in Canada, as Canada would be responsible for her as she is their national just as the UK is responsible for you. So please don't use that as an excuse for her not going home. The HO will be very happy to send her home at their expense so rethink the strength of that excuse/reason.

[frisbee]

republique, ...great stuff there...

Maybe you've spent too long reading about visas that you can't see the human side. I'd have thought people on a visa advice forum would be trying to avoid being part of the machinery. When I say I've kept her out of the benefits, obviously this is not because she can claim, but rather to keep the state out our business where it has no place. If you're on the run from arranged marriages and such, the technicalities of migration laws fade into the background. Let's see if we can stick to constructive advice shall we?
Or none at all.

[vinny]

yes she's been working full time since she had to drop out of university coming up to two years ago, but still has paperwork from the university that has allowed her in and out of the country.

She may get away with not studying. However, working full time presents a major problem. Moreover, it could be argued that her student visa should have been cancelled due to her change of circumstances if she re-entered the UK within the past two years, when she was no longer studying and working full time (part 9).

[republique]

republique, ...great stuff there...

Maybe you've spent too long reading about visas that you can't see the human side. I'd have thought people on a visa advice forum would be trying to avoid being part of the machinery. When I say I've kept her out of the benefits, obviously this is not because she can claim, but rather to keep the state out our business where it has no place. If you're on the run from arranged marriages and such, the technicalities of migration laws fade into the background. Let's see if we can stick to constructive advice shall we?
Or none at all.

The constructive advice is to show you how the HO will see it.
It is not laudable that you kept her off benefits for your purposes. She is not entitled to them and I mention it for your benefit to make sure you don't bother applying for them oh her behalf because that would be another strike against her when the HO catches up to you.
And as for the human side, you are getting too caught up in your dilemma to be strategic about your approach to the situation. She is here on a student visa, if she is not studying, it is a problem. You want her to stay, then perhaps you need to figure out how she can get back to studying before she is found out to be doing otherwise. Although vinny indicates its not so bad, but the working is the worst part which it is. Students working more than half time, have had their visas curtailed so that is an absolute no no when she is not even a student.
Yeah you have serious financial issues so I don't know how but what I say is sound advice. Thinking immigration law is a technicality is a really bad approach to things. If she is on the run from forced marriage (I can't tell if this is just an example vs her story,) then apply for asylum not hide out. Does she enjoy looking behind her shoulder to see if immigration is going to bust her at work. You know they do random spot checks so the way she is living is not the way to go.

[frisbee]

I suppose I'm not used to reading this minimal writing style, apologies where necessary. The arranged marriage issues and other things are just unpleasant family rather than danger, not enough to be an assylum seeker.

We're starting to accept the lack of options and she is going to go back to canada for a while and return on a working tourist visa after a few months.

Are the current visa violations able to affect that idea? Hopefully this way it's possible to clean the slate and then do the marriage idea afterwards sometime.

Anyway, thanks for all the advice.

[Wanderer]

I suppose I'm not used to reading this minimal writing style, apologies where necessary. The arranged marriage issues and other things are just unpleasant family rather than danger, not enough to be an assylum seeker.

We're starting to accept the lack of options and she is going to go back to canada for a while and return on a working tourist visa after a few months.

Are the current visa violations able to affect that idea? Hopefully this way it's possible to clean the slate and then do the marriage idea afterwards sometime.

Anyway, thanks for all the advice.

There is no 'working tourist visa' I'm afraid, only tourist - no work allowed. She'd be refused anyway given her immigration history.

[frisbee]

i talked to canadians yesterday on the visa I speak of, maybe I got the name wrong but you can come and travel and work, and you can work the whole of the two years as recently changed. Why would her immigration history effect this? Everyone has been quite happy for her to be popping in and out of the country...

[Wanderer]

i talked to canadians yesterday on the visa I speak of, maybe I got the name wrong but you can come and travel and work, and you can work the whole of the two years as recently changed. Why would her immigration history effect this? Everyone has been quite happy for her to be popping in and out of the country...

That would be the YMS, open to Canadians between 18 and 31 and with £1600 in maintenance funds.

The form will ask if the applicant has ever been in breach of UK visa conditions, what will she put for that? One for the conscience I think but bear in mind the UKBA can access other agency systems and do check.