Can I sponsor my nieces husband?

[Jenna]

Hi,

I've just come across this site and would be very grateful for any assistance you may be able to offer.

My enquriy is regarding my neice who first came to the UK in 2000 as the spouse of a British Citizen, unfortunately after 3 years the marriage broke down and she divorced, she moved to live with relatives in the UK. She has since naturalised as a British Citizen and obtained a British passport. In 2004 she travelled to Yemen and got married to a yemeni national, her intention was to return to the UK to work and apply for her husband to join her. She was unable to do this as she fell pregnant before returning to the UK and had a daughter in 2005.

Because she has to look after her daughter she cannot work and is currently in receipt of Income Support. My question is would I be able to sponsor her husbands ILR visa application? Both my husband and I work full time and own our home, we would be able to financially support and accommodate my neices husband, my nieces husband intends to work as soon as he arrives to support his wife and daughter.

Your assistance in this matter is greatly appreciated.

Thank you.

[John]

Technically your niece, the wife, is the sponsor (just reading the VAF2 application form shows that to be the case) but you and your husband can indeed act as additional sponsors to assist the application for a spouse visa.

...... accommodate my neices husband ......

No problem, but are you already accommodating your niece and her daughter? I just think that if that is not the case, well it will look strange to say the least if the wife and husband plan to live apart. If your niece is not living with you, is the accommodation she is occupying a problem?

Your niece's daughter .... has she now got a British Passport?[/quote]

[Jenna]

Hi John,

Thanks for speedy reply.

Re your 1st question, my neice & her daughter currently live in my brother-in-laws house where there is plenty of space. We thought it would be easier(?) to ask my neice to move in with us before making the application so me and my husband meet the requirement to provide accommodation and maintenance for the couple rather than asking my brother-in-law to provide accommodation requirement (he has stated his willingness to provide this) and me and my husband provide the maintenance requirement. My neice has stated she would rather stay where she is as she is settled there, do you see a problem if one uncle provides one part of the requirements and an aunt and uncle provide the other?? I know its confusing and I apologise in advance.

Re 2nd question yes neices daughter is british passport holder.

you stated "Technically your niece, the wife, is the sponsor (just reading the VAF2 application form shows that to be the case)"

Would the fact my neice is in receipt of public funds jeapordise the application even if there are additional sponsors?

Much appreciated.

[John]

Would the fact my niece is in receipt of public funds seaports the application even if there are additional sponsors?

No, she is entitled to claim Public Funds as a British Citizen. Presumably, as well as the Income Support she is claiming Child Benefit, which is also on the Public Funds list.

The problem could be that someone merely claiming Public Funds will not be able to show that the visa applicant will not need to claim Public Funds. (Excuse the double negative.) But with you and your husband confirming the willingness and ability to ensure that the husband will not need to claim Public Funds, hopefully the financial test will be marked as a pass by the ECO considering the visa application.

Accommodation not at your own residence? I think it would certainly be neater if you were providing the accommodation as well, as long as your place is big enough for it to be shown that it will not be overcrowded, as defined. If they were living there the arrangement would be, what? Accommodation supplied? All food and shelter provided? Money supplied to the family to ensure, for example, the husband with his spouse visa can get to job interviews etc..

If they are not living with you ... the arrangement?

[Jenna]

Hi,

As you mentioned my neice is in receipt of Child Benefit and Child Tax Credit.

I agree with you that it would be 'neater' if they moved in with us. We have plenty of space at our house so all three can move in, overcrowding is not an issue at all. They would be provided with everything when they move in including any financial support needed.

Thanks for the advice john. [/quote]