Looking for a little direction

Mags · Post by **Mags** » Sun Apr 25, 2010 4:06 pm

Ok, here goes.. My husband (I'm a UK citizen, he's American) is over in the UK on a spouse visa, which ends on the first of May 2010. He has been out of work for several months and unable to claim any benefits, so needless to say, we are totally skint.

I believe the settlement costs Â£750? and we just don't have it

it's causing me so much anxiety. We have a child together and one on the way.. so we are wondering if there is any way he can settle due to that, rather than our marriage, if that makes sense.

Basically, is there any way he can apply for settlement free of cost, I noticed family reunion was free of cost, but it's so complicated.. I'm not sure if having a child is included in that and knowing the visa system, he'd have to back to the States first

I feel like we are up the creek without a paddle

we have no direction because we don't even know what our options are and it's making me go on auto pilot.. you know where you bury your head in the sand and try not to deal with it, but it's not going to go away and I don't want him to become an over stayer.

Any advice would be much appreciated at this point,

Mags.

Wanderer · Post by **Wanderer** » Sun Apr 25, 2010 4:15 pm

It's Â£820 now...

Baby makes no difference I'm afraid.

There's no free way, the Family Reunion thing i think is for asylum seekers, nice isn't it?

Options are;

1. bite the bullet.

2. extend the spouse visa, only puts off the inevitable tho.

3. relocate to Europe, exercise a treaty right by doing so and use surinder singh, all free but a logistical nightmare.

Mags · Post by **Mags** » Sun Apr 25, 2010 5:32 pm

Wanderer wrote:It's Â£820 now...

Baby makes no difference I'm afraid.

There's no free way, the Family Reunion thing i think is for asylum seekers, nice isn't it?

Options are;

1. bite the bullet.

2. extend the spouse visa, only puts off the inevitable tho.

3. relocate to Europe, exercise a treaty right by doing so and use surinder singh, all free but a logistical nightmare.

Thanks for the quick replyWanderer. Well, I think trying to extend his visa is our only option, would that be further leave to remain?

I have googled it but it's really difficult trying to find out anything to do with visas-- if it weren't for forums like these, everyone would be clueless and skint from hiring Lawyers.

I'm going to take a guess and assume it's not free to extend your visa? it's all about the money. The fact that they just doubled settlement costs there is shocking.

Wanderer · Post by **Wanderer** » Sun Apr 25, 2010 5:36 pm

Mags wrote:
Wanderer wrote:It's Â£820 now...

Baby makes no difference I'm afraid.

There's no free way, the Family Reunion thing i think is for asylum seekers, nice isn't it?

Options are;

1. bite the bullet.

2. extend the spouse visa, only puts off the inevitable tho.

3. relocate to Europe, exercise a treaty right by doing so and use surinder singh, all free but a logistical nightmare.
Thanks for the quick replyWanderer. Well, I think trying to extend his visa is our only option, would that be further leave to remain?

I have googled it but it's really difficult trying to find out anything to do with visas-- if it weren't for forums like these, everyone would be clueless and skint from hiring Lawyers.

I'm going to take a guess and assume it's not free to extend your visa? it's all about the money. The fact that they just doubled settlement costs there is shocking.

Think its about Â£485 to extend, same as spouse visa...

Post by **John** » Sun Apr 25, 2010 5:40 pm

We have a child together and one on the way

What benefits are being claimed?

Mags · Post by **Mags** » Sun Apr 25, 2010 7:00 pm

Income support and tax credits.

It's not looking good, and me at my worst I've left it all to the last minute

we are stuck in between a rock and a hard place, because if he has to go back to the States, we don't even have money for a ticket, but at the same time don't have money for him to stay.

And if he does leave, I'll be stuck here pregnant with two small kids not knowing what is going to happen. Ohh Lord, when it rain, it pours (is having a really bad day)

Post by **John** » Sun Apr 25, 2010 8:16 pm

Why are you not claiming Child Benefit? And the Tax Credits claim, please confirm that is in joint names of you and your husband.

Housing costs? Are you renting? Claiming Housing Benefit and Council Tax Benefit?

Mags · Post by **Mags** » Mon Apr 26, 2010 6:42 am

John wrote:Why are you not claiming Child Benefit? And the Tax Credits claim, please confirm that is in joint names of you and your husband.

Housing costs? Are you renting? Claiming Housing Benefit and Council Tax Benefit?

Yeah, I get child benefit for both kids John and all the benefits are in my name. We live in rented accomodation from the local Council and the second I told them I was married they insisted on changing it to a joint claim, so we both get housing benefit and Council tax at the full rate, leaving us with no costs towards any of it.

So all in all we get Â£120 a week for the 4 of us.. (would be more if he could claim of course.)

Post by **Casa** » Mon Apr 26, 2010 8:24 am

Has your husband passed the Life in the UK test? If not, you'll have to apply for Further Leave to Remain - FLR(M) instead of ILR.

Mags · Post by **Mags** » Mon Apr 26, 2010 10:37 am

Hmm.. no he hasn't, I didn't realize he had to. So we wouldn't have been able to apply for settlement anyway..

Well, we are going to try and raise the money for the extension through family and possible a loan, which isn't ideal because that means he still can't claim for his children and if granted, still have the 800 to pay ina years time.. when will it end

The Government must make so much money from all this.

John was there a reason you were asking about finances?

nellis83 · Post by **nellis83** » Mon Apr 26, 2010 1:51 pm

Mags wrote:Hmm.. no he hasn't, I didn't realize he had to. So we wouldn't have been able to apply for settlement anyway..

Well, we are going to try and raise the money for the extension through family and possible a loan, which isn't ideal because that means he still can't claim for his children and if granted, still have the 800 to pay ina years time.. when will it end

The Government must make so much money from all this.

John was there a reason you were asking about finances?

Mags,

Really really sorry to hear about your situation. If your visa expires at the end of this week and your husband hasn't passed the Life in the UK test, this isn't currently an option.

Extending your spouse visa seems to be the possible only way forward - can you borrow the Â£485 from someone? Put it on a credit card? Arrange an overdraft? I'm not an advocate of getting into debt but when your life with your family is at stake it's surely a better option?

Even then, I'd imagine your lack of Â£Â£ might become an issue when your spouse visa extension is considered....

Really wish you all the best and hope it all works out for you and your family.

Nick.

Post by **Casa** » Mon Apr 26, 2010 1:58 pm

Make sure the application for FLR(M) is posted before the expiry date on your husband's visa.

Mags · Post by **Mags** » Thu Apr 29, 2010 7:43 am

Well, the plan has taken a big u-turn. We wanted to move over to the States, just isn't working for us here in Scotland.. so instead of wasting more money here.. he's just going back

He has work over there with his father and although it may take months, I'll eventually join him.. ugh.. I'm going to be so broken without him

specially having two kids and one on the way.. but it's all for the future so I think we just need to bite the bullet.

I cannot wait until this is all over, no more forms, visas, money, stress! I feel for everyone who is going through it and parted from their partners and families

Wanderer · Post by **Wanderer** » Thu Apr 29, 2010 7:48 am

Mags wrote:Well, the plan has taken a big u-turn. We wanted to move over to the States, just isn't working for us here in Scotland.. so instead of wasting more money here.. he's just going back :(

He has work over there with his father and although it may take months, I'll eventually join him.. ugh.. I'm going to be so broken without him :( specially having two kids and one on the way.. but it's all for the future so I think we just need to bite the bullet.

I cannot wait until this is all over, no more forms, visas, money, stress! I feel for everyone who is going through it and parted from their partners and families :(

Plenty more forms for US immigration too I'm afraid and a lot of dollars also. The US immigration process is tougher too in my book having seen some of my friends go through it.

Mags · Post by **Mags** » Fri Apr 30, 2010 7:11 am

Plenty more forms for US immigration too I'm afraid and a lot of dollars also. The US immigration process is tougher too in my book having seen some of my friends go through it.

*Big sigh* I know, I know.. and it's something I'm totally clueless about right now.

We were married in America, would that make any difference? or would I just be applying for a spouse visa, like he did coming to the UK?

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Looking for a little direction

Looking for a little direction