Student bursary and spouse visa?

[Diamond]

Hi everyone, any help much appreciated. I am a Uk citizen and have recently married my Albanian boyfriend, we have been together 2 years and are both over 21. He is currently living and working in Greece and i am in the UK. Whilst i am here i am also classed as a single mum of 2 children. We are applying for a spouse visa for my husband to join me here. I am starting a nursing degree next week and so will be in receipt of a nursing bursary totalling £10500.00, i will recieve this amount each year of the 3 year degree and have a letter of confirmation regarding the amount from my university, it will not need to be payed back. I also receive child tax credit for my 2 children totalling £5100 and child benefit totalling £1752. I am entitled to receive these amounts and they will not be affected if my husband joins me here. This totals £17352, once rent and other utilities including council tax, water, electric, gas and phone are deducted we will have £1014.00 remaining each month for myself, my husband and my 2 children. i am in rented accomodation that will not be overcrowded. my husband also has £5000.00 in savings. I believe these amounts to be adequate for us to live without claiming additional public funds, however my query is:

-whether my student bursary will be acceptable as maintenance?

i have emailed the UK visa bureau and asked them if a student bursary would be counted as income to which they replied no, i am wondering if i worded my previous email to them wrongly as i asked if it would be counted as income and on the visa application form you are required to provide income amounts, which the bursary would not count as, i understand that and i am wondering if that is what they are refering to when they said no. However having read MAA4;

-Maintenance may be provided by either:
The applicant with their own funds or with funds available to them; or
The sponsor; or
A combination of applicant and sponsor funds.

I think that although the bursary is not counted as income it is still funds available to me to support my family without claiming additional public funds, does anyone know if this is acceptable? or are we likely to be refused? i dont think i could handle my husband being refused the visa and so wish to do whatever i can to help....any help will be gratefully appreciated, thank you. (sorry it's so long!!)

[alikhan28]

Hi everyone, any help much appreciated. I am a Uk citizen and have recently married my Albanian boyfriend, we have been together 2 years and are both over 21. He is currently living and working in Greece and i am in the UK. Whilst i am here i am also classed as a single mum of 2 children.

Would you be classed as Single Mom after spouse visa? I guess No.

We are applying for a spouse visa for my husband to join me here. I am starting a nursing degree next week and so will be in receipt of a nursing bursary totaling £10500.00, i will receive this amount each year of the 3 year degree and have a letter of confirmation regarding the amount from my university, it will not need to be payed back.

Yes this should be accepted as evidence of Maintenance.Why not?

This is clearly not a public fund.Have a look at public funds list

Public funds include a range of benefits that are given to people on a low income, as well as housing support. These are:

* income-based job seeker's allowance;
* income support;
* child tax credit;
* working tax credit;
* a social fund payment;
* child benefit;
* housing benefit;
* council tax benefit;
* state pension credit;
* attendance allowance;
* severe disablement allowance;
* carer's allowance;
* disability living allowance;
* an allocation of local authority housing;
* local authority homelessness assistance;
* health in pregnancy grant; and
* income-related employment and support allowance.

Public funds do not include benefits that are based on National Insurance contributions. National Insurance is paid in the same way as income tax and is based on earnings. Benefits to which a person is entitled as a result of National Insurance contributions include:

* contribution-based job seeker's allowance;
* incapacity benefit;
* retirement pension;
* widow's benefit and bereavement benefit;
* guardian's allowance;
* statutory maternity pay;
* maternity allowance; and
* contribution-related employment and support allowance.

-whether my student bursary will be acceptable as maintenance?

Oh Yes

I think that although the bursary is not counted as income it is still funds available to me to support my family without claiming additional public funds, does anyone know if this is acceptable?

Yes

or are we likely to be refused? i dont think i could handle my husband being refused the visa and so wish to do whatever i can to help....any help will be gratefully appreciated, thank you.

Home office not suppose to refuse you if they did then you can win on appeal.

http://www.ukba.homeoffice.gov.uk/while ... blicfunds/

[John]

Diamond, you are British and therefore perfectly entitled to claim whatever benefits your personal circumstances dictate you are entitled to.

Based upon the financial details you mention, the financial test is very clearly passed.

[Diamond]

Thank you very much for your quick replies, you both agree with my opinion on the matter, it was just the email i received from the uk border agency than confused me, but as they did not have all of the evidence they would not be able to evaluate it properly i guess. This site is very useful as i have also included a monthly budget statement to prove i can support us all from other advice i have read. Thank you again.

[alikhan28]

Thank you very much for your quick replies, you both agree with my opinion on the matter, it was just the email i received from the uk border agency than confused me, but as they did not have all of the evidence they would not be able to evaluate it properly i guess. This site is very useful as i have also included a monthly budget statement to prove i can support us all from other advice i have read. Thank you again.

Good Luck

Ali

[Diamond]

Hi, thanks for all your replies, however my husbands settlement visa has been refused. There are various reasons including a lack of evidence of our relationship which we intend to address. The problem with the evidence is that the we do not have lots as to save money we have often spoke through instant messaging on the internet. Also as we never initially knew our relationship would develop as far as it has we did not collect evidence until earlier this year when we decided we wanted to get married and live together.
Does anyone have any ideas what we can do about this issue? we intend to put forward the above arguement but following the refusal i am unsure how successful that would be.
Another reason stated was that i am in receipt of public funds, however the only public funds i am in receipt of is my child benefit and child tax credit to which i am entitled to as a UK citizen. I believe they are also considering my student nursing bursary mentioned in my earlier post to be a public fund. It is provided by the Welsh Assembly Government but is not in the list of public funds.
Is the ECO correct to consider my bursary in this way or do you think we have grounds for appeal on this matter?
Any advice is greatly appreciated.

[geriatrix]

The bursary is financial assistance to help you with the costs of the nursing course ... and not for you to use it as money available to accommodate and maintain family members. Any suggestions earlier - that you could use the money from the bursary as evidence of financial ability to maintain your family - were misplaced.


regards

[John]

Misplaced? A bursary of £10500 pa will obviously do a lot more than just pay for the course.

[geriatrix]

NHS student bursary is financial assistance to (help) pay for living costs of the individuals (student + dependants) named in the bursary application. Foreign nationals in the UK may also apply for NHS student bursaries just as British citizens can, and hence it is not an entitlement for British citizens.

UKBA views NHS bursaries as financial assistance for specific purpose meant for specific individual(s) (included in the bursary application). If I am not mistaken, in this case the bursary of GBP 10500pa should include non means-based bursary for the student (OP), means-based dependant allowance for the children and perhaps child care allowance for one / both children.

If the evidence submitted (to prove availability of this GBP10.5K as funds) was the letter from the NHS / funding authority confirming grant / payment of bursary, then UKBA would view the money for what it is - a bursary, financial assistance for educational development and not an individual's income or savings - and may refuse the application on that basis. On the other hand, if the bursary amount has already been paid and is available in the bank then it may be possible to show the money as "savings" by submitting bank statements (and not the letter confirming grant / payment of bursary).

IMHO ...


regards

[Diamond]

Based on this new information does this mean the only way my husband can join me here is if i get a job as well as study?
If this is the case does it mean i have to earn the equivalent to the income support amounts of £102.75 for a couple per week or do i have to earn more to cover my children? or are they still covered with their child tax credit which i would still be eligible to receive for them?

Also if i am working and claiming child tax credit and working tax credit will this bias our visa case against us?

Also how many months bank statements do i need to provide, in the original application i provided 6 months, however during my transition from income support when i stopped receiving the benefit and whilst i was waiting for my bursary payments to begin, during which there was a 1 month gap i became overdrawn in my bank account. Obviously i do not want to provide bank statements showing i was overdrawn. So if we were to reapply for the visa rather than appeal as it appears due to my bursary we will lose, is it acceptable for me to provide 3 months bank statements and 3 months wage slips or is it necessary for me to provide 6 months of both/either?

Finally if we were to appeal and lose would this have a negative impact upon a future spouse settlement visa application. Is it better to collect the new evidence of bank statements and wage slips whilst appealing or not to appeal and just make a new application once we have collected the required evidence?

Thank you again for your help.

[Diamond]

Can i also please ask your advise about my housing?

I currently live in a 2 bedroom council house, which is acceptable as far as the accomadation aspect is concerned for a spouse visa. However i have been offered by my mother to live in a 3 bedroom house she has inherited with no rent to pay whilst i am doing my degree.
I am unsure however how to provide evidence of this as obviously my mother and i do not intend to draw up a contract, what would be accepted as evidence?

Will the UKBA accept i have no rent to pay or will they believe it to be untrue?

In the interest of obtaining the visa am i better to remain in my council house and pay rent or moving to my mothers property with no rent to pay?

[Plum70]

Perhaps a letter from your mother confirming the temporary (free) let of the property to you for the period of your degree. Also legal documents showing a transference of ownership to your mother.

I do not think that the ECO will adversely react to this; also it leaves some more cash for you to show and satisfy the family maintenance component of the spousal application.